If you depended financially on a family member who died as a result of a work-related injury or illness, you may be able to collect what are known as “death benefits” under California workers’ comp system. These benefits are intended to help compensate the survivors for the loss of financial support from the deceased employee. In addition to death benefits, the employer (or its insurance company) must pay an amount for burial expenses.

You may be eligible for death benefits if you were totally or partially dependent on the deceased employee for your financial support at the time of the injury, and you were either a member of the employee’s household or where the employee’s close relative. Qualifying relatives include:

• children (including step- and adopted children)
• spouses
• grandchildren
• parents and siblings (including in-laws)
• grandparents
• aunts and uncles, and
• nieces and nephews.

Certain family members are automatically considered total dependents of the employee:

• children under the age of 18
• adult children who are unable to earn a living because they're physically or mentally incapacitated, and
• a surviving spouse who earned $30,000 or less in the 12 months before the employee's death.