“What if I die before my case is finished?”

This is a question people are reluctant to ask and it deserves a direct answer.

Three separate things

1. Accrued unpaid benefits

Temporary disabilityTD / TTD / TPD Temporary Disability, Total or Partial. Wage replacement while recovering. Two-thirds of average weekly earnings; 2026 maximum $1,764.11/week. and permanent disabilityPD Permanent Disability. Compensation for lasting impairment. A different and much lower weekly rate — 2026 maximum $290/week. that had accrued and was owed but not paid at the time of death does not simply disappear. It is generally payable to dependents, or to the estate where there are none.

This is a real category and it is frequently overlooked — particularly permanent disability advances that were owed and never issued, and any § 4650(d) 10% increases on late payments. How penalties work.

2. A death benefit — if the death was industrial

Where the industrial injury or illness caused or contributed to the death, a death benefit is owed to dependents.

And the causation standard here is more favorable than the one governing permanent disability apportionmentApportionment Dividing permanent disability between industrial and non-industrial causes. It is to disability, not to findings on an image.: where an industrial factor was a contributing cause of death, the death is compensable. It does not have to be the sole or predominant cause — a point that is regularly conflated with the apportionment standard.

Amounts: $250,000 for one total dependent, $290,000 for two, $320,000 for three or more, plus $10,000 in burial expenses. Payments to totally dependent minors continue until the youngest turns 18, past the face amount.

3. The deadline, which is the real danger

Labor Code § 5406(b): “Proceedings shall not be commenced more than one year after the date of death, nor more than 240 weeks from the date of injuryDate of injury For a cumulative or occupational disease claim, the law sets it as when you first suffered disability and knew or should have known it was work-related — not when the wear began. Almost every deadline runs off this..”

Both apply. Whichever runs out first controls.

240 weeks is four years and seven months from the date of injury. In an occupational disease case — where § 5412 sets the date of injury at first disability plus knowledge — that outer limit can expire while the worker is still alive.

There are three exceptions, and the law names all three in its opening words — “Except as provided in Section 5406.5, 5406.6, or 5406.7.” § 5406.5 gives a full year from the date of death with no 240-week cap — but only for the death of an asbestos worker or firefighter from asbestosis. Not silicosis. Not other occupational cancers. Not other workers. The law gives a year from death for HIV-related deaths of health care workers, § 3212 employees and Penal Code § 830.5 workers. The law extends the outer limit to 420 weeks — not 240 — for a death from a cancer, tuberculosis, or a blood-borne infectious disease covered by the public-safety presumptions, provided the filing is within a year of the death.

How death benefits work.

Which is why the settlement structure matters

A Compromise and ReleaseC&R — Compromise and Release A lump sum that closes future medical treatment permanently. closes the case for a lump sum. In a worker with a progressive or terminal industrial condition, that decision interacts with the family’s potential death benefit claim, and it should be made with that in mind rather than in isolation.

And in a case with a third-party civil claim, a wrongful death action is a separate cause of action belonging to the family — one that pays for the loss itself, which workers’ compensation does not. Third-party claims.

What a family should do

Get the case evaluated immediately, not after the estate is settled. The date that matters is not the date of death — it is the date the worker first became disabled by the condition and knew, or should have known, it was work-related.

Preserve the file. Medical records, benefit notices, the payment history, and the claim documents.

And ask about both claims — the workers’ compensation death benefit and any civil wrongful death action. They have different deadlines and they run at the same time.