How to pursue a workplace death claim

You can initiate a claim for death benefits by completing a form and submitting it to the state’s Workers’ Compensation Appeals Board. As part of this application, you must provide a short description of the fatal incident and information regarding the victim’s earnings at the time they were injured. To determine the amount of payments that will be provided, the claimant must also name the dependents of the decedent as well as the amount paid for funeral expenses.

The difference between workplace death claims and wrongful death lawsuits

After a tragic loss, you should know the different types of relief available. While surviving family members usually cannot sue the employer or a co-worker of their deceased loved one, it might be possible to file a wrongful death lawsuit against a liable third party. Certain types of damages are available in wrongful death claims that are not provided through workers’ comp, including payment for the loss of companionship and guidance suffered by bereaved family members. Specific examples of third-party liability in a work-related death case include:

• Careless drivers who cause a car accident that kills someone while driving for work 
• Manufacturers of defective equipment that causes a workplace fatality 
• Outside contractors or vendors whose negligence leads to an employee’s death

Our firm has extensive experience handling both workers’ compensation death benefit claims and wrongful death lawsuits, so you can rely on us for strong advocacy in both types of cases.

Contact a California attorney for a free consultation about a work-related death claim 

The Law Offices of Valdez & Valdez, A Professional Corporation represents surviving family members in actions to collect benefits following a work-related death. Our firm serves the Central Valley and Central Coast from offices in Fresno and Grover Beach. Please call 559-606-0195 or contact us online to make an appointment for a free initial consultation. 

Making a false or fraudulent workers' compensation claim is a felony subject to up to 5 years in prison or a fine of up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.