On this page
A death benefit is not a valuation. It is a schedule, and the schedule is set by who depended on the person who died.
| Dependency | Benefit |
|---|---|
| One total dependent | $250,000 |
| Two total dependents | $290,000 |
| Three or more total dependents | $320,000 |
| No total dependents, one or more partial | Eight times the amount annually devoted to their support, capped at $250,000 |
Labor Code § 4702, for injuries on or after January 1, 2006. Burial expenses are $10,000 on top.
Three things the table does not show you
It is paid in installments, not as a cheque. The law requires it to be paid “in installments in the same manner and amounts as temporary total disability indemnity would have to be made to the employee”, and “no payment shall be made at a weekly rate of less than two hundred twenty-four dollars ($224).”
Minor children do not stop at the total. Payments to totally dependent minor children continue “until the youngest child attains 18 years of age” — notwithstanding the maximums in §§ 4702 and 4703 — and to 19 for a child of certain law enforcement and firefighting personnel still in high school. In a young family this is frequently worth more than the headline figure, and it is the part most often not explained.
Total dependency is argued. Whether a spouse, an adult child, a parent, or a partner was totally dependent is a legal question with real money on it, and carriers contest it.
The deadline
One year from the date of death under Labor Code § 5406(a) — “Except as provided in Section 5406.5, 5406.6, or 5406.7” — and the law reaches 420 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. for the conditions it covers. How the deadline actually works.
And the claim this does not cover
Workers’ compensation is the exclusive remedyExclusive remedy Workers’ compensation is generally the only claim against your employer. It is not the only claim against anyone else. against the employer. It is not the exclusive remedy against anyone else. The family keeps its right of action “for all damages proximately resulting from the injury or death against any person other than the employer.”
That claim pays for things this system never pays for — and one component of it changed on January 1, 2026. Wrongful death, and what changed.
Sources
Labor Code § 4701§ 4702§ 4703.5§ 5406§ 3852§ 5406.7Labor Code § 3852(a)
General information about California law, not legal advice about your case.
Rate figures carry the effective date that governs them. Temporary disability is set by date of injury; medical mileage by date of travel.
Reviewed by Jamey Teitell, Partner & Trial Attorney · Last reviewed
Law Offices of Solov & Teitell, APC · (213) 380-9310
Printed from https://www.solovteitell.com/resources/death-benefits-calculator/ · Last reviewed