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