Legal Question in Workers Comp in California

Death of Spouse

My husband was injured on the job in 8/01. He was recieving TTD since that time. He had underwent many medical treatments and surgeries. This last surgery was for a bone graft in his arm. He was in the hospital for antibiotics and doing well, until they called at 4:00 am and told me he had died. The workers comp insurance company had paid all of the medical claims without question, in addition to his TTD payments. Now, I have 3 dependent children in addition to myself. I understand the maximum death benefit is $160,000, (to be increased to 320,000 in 3 years!). I can't comprehend this, as we were under the impression that his permanent disability payment and voc rehab would be much more than this amount. Is this really our only recourse with workers comp? I have a 6 year old and I can't see this amount helping to sustain us for 12 years. Please help at all if you can. We have an attorney but he says there is no other recourse for us. Thank-You.


Asked on 6/16/03, 12:20 pm

1 Answer from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Death of Spouse

if you email me directly with a more detailed account of what exactly happened to your husband, how it happened, and what the autopsy report reads regarding causation on how he actually died, i may be able to further assist you in this case. at any rate, you have my deepest condolences for the loss of your husband and the tragedy you are suffering. warmest regards always.

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Answered on 6/25/03, 9:28 pm


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