Bakersfield Wrongful Death Lawyer

When the loss of a loved one is the result of a workplace accident, surviving family members could be entitled to compensation through California’s workers’ compensation system. At J Smith Law, PC, we understand the emotional and financial burden you’re facing, and we’re here to help you navigate the legal process.

Contact J Smith Law, PC today at (661) 716-5555 to schedule a consultation. Let us fight for the benefits you deserve.

What Is Wrongful Death?

When a loved one dies as a result of a job-related injury or illness, the law recognizes this tragedy as a wrongful death within the scope of California’s workers’ compensation system. This differs from a civil wrongful death claim because it’s processed through the state’s administrative workers’ comp system, not the court. It’s designed to provide surviving family members with financial support during a time of profound loss.

Wrongful death typically applies when:

• A fatal injury or illness happened on the job. This occurs when an employee dies due to a workplace accident, exposure, or occupational condition.
• The cause of death was work-related. This is proven when medical records, incident reports, or employer records can confirm that the job caused or contributed to the death.
• The employer had workers’ compensation insurance. Most employers in California are required to carry insurance to cover employee injuries or deaths.

These claims aren’t about assigning blame, but about ensuring families receive the financial support they need after a devastating loss. At J Smith Law, PC, we’re here to help you understand your rights, determine your eligibility, and take action within the required legal deadlines.

Key Elements of a Workers’ Compensation Wrongful Death Case

Filing a wrongful death claim through California’s workers’ compensation system requires meeting specific legal criteria. While these claims don’t involve proving negligence, they do require evidence that the death was work-related and that the surviving family members are eligible for benefits.

Some key elements include:

• Proving that the injury or illness is officially tied to the victim’s course of employment.
• The death must have happened within the statute of limitations.
• These claims don’t require proof that the employer was negligent or at fault.

Understanding what qualifies as wrongful death under California’s workers’ compensation laws is important for families seeking justice and financial stability after a devastating loss. At J Smith Law, PC, we help grieving families understand their rights and secure the support they’re legally entitled to.

Common Workplace Accidents Leading to Death

Tragic workplace fatalities can happen in any industry, from construction and manufacturing to transportation and healthcare. Understanding the types of accidents that most frequently result in fatal injuries can help families recognize when a wrongful death claim under workers’ compensation could apply.

Some of the most common workplace incidents that lead to wrongful death claims include:

• Falls from heights. Falls from ladders, scaffolding, rooftops, or elevated platforms are one of the leading causes of fatal work injuries, especially in construction.
• Vehicle-related accidents. Fatalities can happen when employees are involved in crashes while driving for work purposes, including commercial truck drivers, delivery workers, and field service employees.
• Machinery and equipment accidents. Heavy machinery, industrial equipment, and improperly maintained tools can cause fatal crush injuries or amputations on job sites.
• Fires and explosions. Accidents involving flammable materials or faulty wiring can lead to deadly burns or traumatic injuries.
• Exposure to toxic substances. Long-term exposure to chemicals, asbestos, or hazardous dust can lead to occupational diseases like cancer or respiratory failure, sometimes resulting in death.
• Workplace violence. Physical assaults or fatal injuries from violent incidents, especially in high-risk occupations like law enforcement or healthcare, can form the basis of a death claim.
• Electrocution. Contact with live wires or improper lockout/tagout procedures can lead to fatal electrical injuries.

Workplace deaths are often sudden and preventable, and they can leave families struggling with grief and financial uncertainty. If your loved one died because of any of these types of workplace accidents, you could be entitled to workers’ compensation death benefits in California.

Benefits

California Workers’ Compensation Death Benefits

Workers’ compensation is designed to provide financial benefits to an employee who is injured or killed in a workplace accident. This includes compensation to his or her dependents if the worker is killed.

However, the workers’ compensation system also protects employers from getting sued for any work-related injuries or deaths, even if the employer was careless or contributed to a dangerous work environment. Workers and their family members give up their right to sue their loved one’s employer for additional intangible losses related to loss of quality of life or loss of partnership.

Employers are still protected from lawsuits even if they violated safety protocols established by the Occupational Safety and Health Administration (OSHA). This is because workers’ compensation is a no-fault system. Victims or their loved ones are entitled to benefits if the injury occurred during the regular course of the employee’s job, no matter who was at fault. Benefits could include payment for medical expenses incurred before death and financial support for surviving dependents.

Who Is Entitled to Death Benefits?

You could be entitled to death benefits if you were totally or partially dependent on the deceased employee for financial support at the time of the accident. Total or partial dependents could include:

• Spouses/domestic partners
• Children
• Parents
• Grandparents
• Grandchildren
• Siblings
• Aunts
• Uncles
• Nieces and nephews

Under the law, certain family members automatically qualify as total dependents of the employee:

• Children under the age of 18
• Adult children physically or mentally incapacitated and unable to earn a living
• Spouses who earned $30,000 or less in the 12 months before the employee’s death

How Much Are Basic Death Benefits?

If you fall into any of the categories listed above, a workers’ compensation insurance company may have to pay for reasonable burial expenses and provide you (and all other dependents) with death benefits.

California workers’ compensation death benefits include:

• Up to $5,000 in burial expenses for injuries before January 1, 2013
• Up to $10,000 in burial expenses for injuries on or after January 1, 2013
• Between $250,000 and $320,000 in death benefits, depending on the number of total dependents

These are the benefit amounts based on the number of eligible dependents:

• If one total dependent is involved, $250,000 will be paid
• If two total dependents are involved, $290,000 will be paid and split evenly
• If three or more total dependents are involved, $320,000 will be paid and split evenly

Partial dependents can also receive death benefits if there are no total dependents or if only one total dependent is involved.

A skilled wrongful death attorney can help determine the full value of your claim.

How Are Death Benefits Paid Out?

Death benefits are typically paid in installments and paid at the same rate as the deceased employee’s temporary disability rate, but not less than $224 per week. The temporary disability rate is two-thirds of the employee’s average weekly earnings.

However, minor children will continue to receive benefits at the temporary disability rate until the youngest child reaches 18 years of age. For example, if the employee’s temporary disability rate was $900 a week, and he had a spouse and five-year-old child, both the spouse and child would receive $900 a week until the total reaches $290,000. This means it will take about seven years, and the child will only be 12 years old. The child can still receive benefits for another six years at $900 a week until he or she turns 18.

How Can I File a Claim for Death Benefits?

Filing a workers’ compensation claim for death benefits involves specific steps that surviving family members must follow to secure financial support. Knowing the process can help ensure your claim is filed correctly and on time.

Steps to file a death benefits claim include:

• Immediately notify the employer of the worker’s death and request a claim form.
• Obtain and complete the necessary claim forms.
• Gather supporting documentation like the death certificate, medical records, and proof of dependency.
• Submit the completed claim to the employer’s workers’ compensation insurance carrier or the California Division of Workers’ Compensation.
• Cooperate with any investigations or medical examinations required by the claims administrator.
• Consult with an experienced workers’ compensation attorney to ensure all deadlines are met and benefits are maximized.

Taking the right steps early on increases the chances of a successful claim for your family.

What Damages Can I Recover?

For surviving family members, the damages available in a wrongful death claim can include:

• Funeral and burial expenses
• Medical and hospital bills incurred before the loved one’s death
• Lost income, including potential income that would have been earned
• Loss of services, care, assistance, and other benefits once provided
• Other damages, such as pain and suffering

Our Bakersfield wrongful death attorneys can work to help you receive the full value of your claim.

How Long Do I Have to File a Wrongful Death Claim?

A statute of limitations requires lawsuits to be brought within a certain period of time. In California, you must file a wrongful death lawsuit within one year from the date of your loved one’s death. If you fail to file by this deadline, you may lose the right to pursue compensation.

However, an important exception to this statute is the discovery rule. This applies in cases where it would not have been expected for a reasonable person to know there were grounds for a lawsuit. For example, maybe a reasonable person would not have realized a third party was involved in the workplace death. However, once you know there are grounds for a lawsuit, you must file a lawsuit within one year.

A wrongful death lawyer can help you understand this exception and others under the statute of limitations. We can also guide you through the entire legal process, advocating for your interests.

Take Action Now

If you’ve lost a loved one because of a work-related accident or illness, J Smith Law, PC is ready to help. Call us today at (661) 716-5555 to schedule a consultation.

Jaime L. Smith, Esq., is the attorney responsible for the content of this website. Images on this website may include stock photography or dramatizations. Any individuals depicted are models or actors and are not actual clients of the firm.