When the death of an employee is proximately caused by an injury arising out of and in the course of employment, the employer is liable to the employee's dependents for a death benefit. Any accrued and unpaid compensation payable as of the date of death will be paid to the employee's dependents. If there are no dependents, the accrued and unpaid compensation benefits are payable to the employee's personal representative, heirs, or other persons entitled to the estate.
In addition to the death benefit, the employer is liable for the employee's reasonable burial expenses. The statutory maximum for the burial allowance is $5,000 for injuries occurring on or after January 1, 1991.
The amount of the death benefit is determined by the number and kind of dependents at the time of the injury that results in the employee's death.
If there are two total dependents (regardless of the number of partial dependents), the death benefit is $290,000 if the injury occurs on or after January 1, 2006;
If there is one total dependent and one or more partial dependents, the death benefit is $250,000, plus four times the amount of annual support for partial dependents, but not in excess of a total of $290,000, if the injury causing death occurs on or after January 1, 2006;
If there is one total dependent and no partial dependents, the death benefit is $250,000 if the injury occurs on or after January 1, 2006;
For injuries occurring on or after January 1, 2006, if there are no total dependents but one or more partial dependents, the death benefit is eight times the amount annually devoted to the support of the partial dependents, but not in excess of $250,000.
Don't hesitate to contact the the Law Office of Rene H. Pimentel if you have questions or concerns about your serious bus accident injury.
Call the Law Offices of Rene H. Pimentel at (951)788-2250 for a FREE consultation