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Workers' compensation claims after the death of the injured party

Workers' compensation benefits offer some important protections and provisions to employees who suffer injuries on the job. Benefits range from medical care and ongoing treatment for work-related injuries, to monetary compensation for income lost because of these injuries, as well as compensation for future lost income for injuries that cause permanent loss of functionality.

But, what if a person who suffers a workplace injury passes away before he or she receives these benefits? Does the compensation simply evaporate into thin air? According to California labor laws, the death of an employee who suffers injuries on the job does not negate the employer's liability in the matter.

While temporary and ongoing disability payments are no longer a component of the liability for the employer, other benefits like lost income compensation is payable to the dependents or legal heirs of the individual who suffered the injury. In instances where the injury leads to the death of the employee, family members may also receive death benefits directly from the workers' compensation claim.

If you recently lost a loved one while he or she was suffering from a workplace injury, an experienced attorney can help you receive the benefits you are rightly entitled to. You may have benefits still owed to you that your loved one's employer or employer's insurer are not eager to issue. Similarly, the workers' compensation claim may result in an frustratingly small settlement offer. Professional legal counsel from an experienced workers' compensation attorney helps ensure that you receive all the benefits you deserve after the death of a loved one, while protecting your rights and priorities along the way.

Source: Findlaw, "California Code, Labor Code - LAB § 4700," accessed Nov. 10, 2017

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Making a false or fraudulent workers’ compensation claim is a felony subject to 5 years in prison or up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.

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