Legal Question in Workers Comp in California

what happens if a injured person dies and they had settle his claim.Should the family get his settlement?


Asked on 12/09/10, 2:10 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

If the person made a settlement oftheir WC claim and then dies, the WC benefits are treated as his separate property and are distributed following the terms of his Will [unless the settlement was put into a trust]. If his death was caused to an extend by the industrial injuries, the family might be entitled to a substantial death benefit.

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Answered on 12/14/10, 9:39 pm


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