Legal Question in Workers Comp in California

I am sorry about your husband.

No, you can not still collect the partial permanent disability payment as that would be fraud. You can, however, file a claim that his death was work related, which will be substantially more than the bi-weekly payments. Almost any WC attorney will be happy to speak to you as your case presents a substantial attorney's fee, but you might be able to handle this on your own. It depends upon what his treating physician will say about the cause of death. If they are convincing, the carrier may accept liability without a struggle.

I am sorry about your loss. If the worker's compensation case in chief was settled by a stipulation of an award and your husband was receiving the benefits in biweekly payments (normally it is about $230.00/week) you can keep receiving the benefit until the entire settlement is exhusted. You may change the application to a death case since it appears that the work-related medication has contributed to the cause of death. Feel free to call us at 213.388.7070 for a free consultation.

I am truly sorry to read about the death of your husband. I work with this exact unfortunate scenario on a day to day basis. I might be able to help you receive the appropriate amount of death benefits. From your question, it appears that your husband had at least one dependent (you). If you have dependent children, then the value of the death benefits are increased.

I ask that you contact me on my cell phone at 818.943.0462 for a free consultation because I am not going to be in the office until this Friday. I will be happy to help.