Legal Question in Workers Comp in California
California Workers Comp. Death Benefits
I am in California and my husband just passed.He was on worker's comp. while in the hospital for the last 8 months.Upon his passing, my attorney said there was a maximum amount of money I could get. What is the maximum amount of money I can get and would I be eligible for health insurance since I was 100% dependant on him for insurance and income. Also, would I get that amount as a lump sum or would it be paid over a certain amount of time? please help
2 Answers from Attorneys
Re: California Workers Comp. Death Benefits
Only if your husband's death was work related will you receive any benefits. The date of injury is important with respect to your benefits. Expect lots of litigation if there are multiple carriers in a CT claim.
Re: California Workers Comp. Death Benefits
If you enter Workers' Compensation death benefits one of the first listings will be the State's own web site that will give you that and more information. The benefit is 75% of average weekly wages which is paid for your life or until you remarry. If you remarry, a 2 year lump sum is paid to you. If there are minor children, then half goes to you and half is divided by the children equally. But your husband must have died because of the industrial injury.