Pacifica, CA asked in Workers' Compensation for California

Q: My husband died at work of cardiovascular disease.can I claim workers comdeath benefit in the company were his employed?

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1 Lawyer Answer
Nancy J. Wallace
Nancy J. Wallace
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: YES you can file what we call a Workers Compensation Death Claim. It needs to be within one year of his passing. The insurer will most likely deny responsibility. Then all of the medical records are copied and given to a qualified medical evaluator. The Qualified Medical Evaluator may interview you as well. If that QME determines the death was caused by events Arising Out of Employment and in the Course of Employment (case law says actual employment events are to be a Contributing Cause), then you have another layer of proof: dependency. You would have to show you and/or others are 'dependents' on that workers' salary. You'll want a Workers Comp firm that can show you it has taken these to trial. I'm so sorry for this tremendous loss.

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