According to Investopedia
What To Do in The Unfortunate Event an Employee Dies at Work?
File a Timely Claim
But in practice, the Labor Code and applicable law governing timeliness for filling a death claim is a more complex to explain in this writing as there are many things that an experienced attorney may consider prior to filling a claim. Therefore, the best practice is to speak with one of our attorneys as soon as possible. 877-244-6727
Some of the Available Benefits
Among other benefits, the employer might be liable for benefits that have accumulated and are due at the time of death, burial expenses, and other benefits to a dependent person, dependent child, family member, or to a spouse.
Moreover, reasonable expenses of the employee’s burial of up to ten thousand dollars ($10,000) for injuries occurring on or after January 1, 2013. Additionally, depending on the number of total and partial dependents additional benefits should be available.
For examples, in case of two total dependents and one more partial dependent, for injuries occurring on or after January 1, 2013, the following is likely to apply: $250,000 plus four times annual support for partial dependents not to exceed $290,000.
Determining The Cause of Death
As for reasonable doubts as to whether an injury is compensable, this should be resolved in favor of the employee. This is so, because of the mandate that the workers’ compensation laws and according to Casetext.com “shall be liberally construed by the courts with the purpose of extending their benefits for the protection of persons injured in the course of their employment.” (Lab. Code 3202.)
Dependency Will Need to be Established
For example, no person is a dependent of any deceased employee unless in good faith a member of the family or household of the employee, or unless the person bears to the employee the relation of spouse, child, posthumous child, adopted child or stepchild, grandchild, father or mother, father-in-law or mother-in-law, grandfather or grandmother, brother or sister, uncle or aunt, brother-in-law or sister-in-law, or nephew or niece. According to Casetext.com
Moreover, a child under the age of 18 years, or a child of any age found by any trier of fact, whether contractual, administrative, regulatory, or judicial, to be physically or mentally incapacitated from earning, shall be conclusively presumed to be wholly dependent for support upon a deceased employee- parent with whom that child is living at the time of injury resulting in death of the parent or for whose maintenance the parent was legally liable at the time of injury resulting in death of the parent.
A spouse to whom a deceased employee is married at the time of death shall be conclusively presumed to be wholly dependent for support upon the deceased employee if the surviving spouse earned thirty thousand dollars ($30,000) or less in the twelve months immediately preceding the death.
Therefore, dependency must be proven by a claimant or established by the facts if payment is to be made or benefits obtained. Because dependency may be established in many ways, a claimant is strongly advised to speak with an experienced attorney to determine one’s rights and eligibility.
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