California’s Workers’ Compensation Death Benefits

Article 4 of Chapter 2 of Part 2 of Division 4 of the Labor Code deals with death benefits in computing compensation under California’s workers’ compensation laws.

Section 4700 provides that the death of an injured employee does not affect the liability of the employer. Neither temporary nor permanent disability payments are made for any period of time subsequent to the death of the employee. Any accrued and unpaid compensation is paid to the dependents, or, if there are no dependents, to the personal representative of the deceased employee or heirs or other persons entitled thereto, without administration.

Section 4701 provides that, if an injury causes death, either with or without disability, the employer is liable, in addition to any other benefits provided by this division, for all of the specified expenses and benefits.

Section 4702 provides that the death benefit in cases of total dependency is as specified.

Section 4703 explains that this section determines the right to a death benefit. If there is any person wholly dependent for support upon a deceased employee, that person receives a full death benefit for one total dependent, and any additional partial dependents receive a death benefit as specified to a maximum aggregate amount of $25,000.

Section 4703.5 states that the case of one or more totally dependent children after payment of the amount specified, payment of death benefits continue until the youngest child attains 18 years of age, or until the death of a child physically or mentally incapacitated from earning, in the same manner and amount as temporary total disability indemnity would have been paid to the employee, except that no payment can be made at a weekly rate of less than $224.

Section 4704 allows the appeals board to set apart or reassign the death benefit to any one or more of the dependents in accordance with their respective needs and in a just and equitable manner, and may order payment to a dependent subsequent in right, or not otherwise entitled thereto, upon good cause being shown.

Section 4705 provides that the person to whom the death benefit is paid for the use of the several beneficiaries applies it in compliance with the findings and directions of the appeals board.

Section 4706 specifies that, if a dependent beneficiary of any deceased employee dies and there is no surviving dependent, the payments of the death benefit accrued and payable at the time of the death of the sole remaining dependent are paid upon the order of the appeals board to the heirs of the dependent or, if none, to the heirs of the deceased employee, without administration.

Section 4706.5 states that, whenever any fatal injury is suffered by an employee under circumstances that would entitle the employee to compensation benefits, but for his or her death, and the employee does not leave surviving any person entitled to a dependency death benefit, the employer is required to pay a sum to the Department of Industrial Relations equal to the total dependency death benefit that would be payable to a surviving spouse with no dependent minor children.

Section 4707 says that no benefits, except reasonable expenses of burial not exceeding $1,000, are to be awarded under this division on account of the death of an employee who is an active member of the Public Employees’ Retirement System unless it is determined that a special death benefit will not be paid by the Public Employees’ Retirement System to the surviving spouse or children under 18 years of age, of the deceased, on account of the death.

Section 4708 provides that, upon application of any party in interest for a death benefit provided by this division on the death of an employee member of the Public Employees’ Retirement System, the latter is joined as a defendant, and the appeals board determines whether the death resulted from injury or illness arising out of and in the course of his employment.

Section 4709 explains that a dependent of a peace officer, if the death, accident, or injury is compensable, is entitled to a scholarship at a qualifying institution. The scholarship is in an amount equal to the amount provided a student who has been awarded a Cal Grant scholarship,