Death in the Workplace
Under California's Workers' Compensation Act, employers are liable for workers'death benefits only for employees injured in the course of employment. Cal Lab Code § 3600 The death benefit is payable in addition to any other benefits provided for under the Workers' Compensation Law, such as accrued and unpaid disability compensation. An employer must pay the full death benefit even if the deceased employee was suffering from a non-industrial, pre-existing disease,or if they sustained an injury that caused or hastened death. Pacific Gas & Elec. Co. v. I.A.C. (Drew) (1961) 56 Cal. 2d 219. In addition to the death benefit, the employer is liable for the employee's reasonable burial expenses when an industrial injury results in death. Cal Lab Code § 4601
In order for dependents to receive death benefits on behalf of alleged dependents must file an application for collection and have a hearing held before a workers' compensation judge within one year after the date of death and within 240 weeks from the date of injury. Cal Lab Code § 5406. Both of these time requirements must be satisfied. In cases involving the death of asbestos workers from asbestosis, however, the statute of limitations is one year from the date of death only. Cal Lab Code § 5406.5
Employees are any workers under a contract of hire with the employer other than independent contractors. Generally, in workplace injuries or death, the presumption is in favor of employee status, and the burden is on the party seeking to avoid liability to prove independent contractor status. The Legislature has specifically mandated that the statutes be liberally interpreted in favor of coverage for employees injured in the course of employmentIf death occurs while the decedent was on the job, the right to sue may change. If an employee who elects to take workmen's compensation, they do not have a right to sue his employer for injuries in the workplace.Cal Lab Code § 3601 The employee is afforded relatively swift and certain payment of benefits to cure or relieve the effects of industrial injury without having to prove fault but, in exchange, gives up the wider range of damages potentially available in tort.
If a person's death on the job was due to the negligent actions of a third party, however, California allows dependents to pursue a wrongful death suit against the third party, regardless of whether the decedent elected for workmen's compensation through his employer. Cal Lab Code § 3601
In all matters involving wrongful death it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to file a lawsuit prior to the deadline imposed by the statute of limitations. If a loved one has been a victim of wrongful death, call Law Office of Jaramillo & Borcyckowski now at 916-576-0218 or CLICK HERE TO SUBMIT A SIMPLE CASE FORM. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.