Q: death at work- heatstroke- handled as workman's comp-denying designated beneficiary payment 10K- told ineligible.
Hottest day of the year 107 outside, corrugated warehouse line work-it had to be 147- the warehouse cooled by a single box fan, Ross, my deceased partner said- Supervisor admitted to me at the hospital they realized the heat danger and called unscheduled break for snow cones outside- Ross got to the window and went stiff-crashed into the truck counter, sustaining facial cuts and broken nose- CPR was performed by fellow employee, who admitted- "I could have used a refresher course". At hospital-supervisor told me I was beneficiary of policy. Ross never recovered, & declared BrainDead 4 days later- I was told 2 days after that "since he was not my sole support for the last year of his life- I was not entitled" to the money Aramark Linen had promised. (something to do with Ca. Workman's comp law.)- We're in litigation now- but I'd like some clarification. They wouldn't even provide me with a formal accident report.
A: clarification of what? You say the deceased was your partner, but that may not qualify you for benefits. Hopefully your partner left something in writing saying that you are an heir. Otherwise, you may be forced to litigate the issue. Be advised that if there are no dependents entitled to payment, the Department of Industrial Relations receives the benefit.
Death benefits are payments to a spouse, children or other dependents if an employee dies from a work-related injury or illness. This includes reasonable burial expenses, not exceeding $5,000 for injuries before Jan. 1, 2013 and $10,000 for injures on or after Jan. 1, 2013. If you are not a dependent, you may not be entitled to death benefits if it can be proved that he death was industrial. Labor Code Section 4703 states if there is any person wholly dependent for support upon a deceased employee, that person shall receive a full death benefit.
William John Light agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.