Death and Dependent Bakersfield Workers' Compensation Claims

Filing Death and Dependent Claims

Time limits for filing death and dependent claims are strictly enforced. Generally, you must file death benefit claims within one year from the date of death, though exceptions exist for fatalities resulting from specific occupational injuries and diseases.

If a Bakersfield worker received workers’ compensation benefits before death, dependents have 240 weeks from the date of injury to file their claim. Missing these deadlines can result in the complete loss of benefits, making prompt legal consultation with our attorneys essential.

Required Documentation

Successful death benefit claims require extensive documentation. Essential documents include:

• The death certificate
• Autopsy reports, if available
• Medical records linking the death to workplace injury or exposure
• Employment records proving the deceased’s work history and earnings
• Evidence of dependency, such as tax returns, bank statements, and household bills

Marriage certificates, birth certificates, and other documents establishing family relationships are also necessary for processing death and dependent claims.

Proving Work-Related Causation

One of the most challenging aspects of a death and dependent workers’ compensation claim in Bakersfield involves proving, with substantial evidence, that the death resulted directly from work-related causes. This is a critical threshold requirement. The claimant bears the burden of demonstrating that specific workplace conditions, activities, or exposures were a substantial contributing cause of death.

A substantial contributing cause does not necessarily mean the sole cause. Still, it does require the workplace factor to play a significant, material role in the progression or onset of the fatal condition, overriding other potential non-industrial causes.

Overcoming Employer Defenses

Employers and insurance companies often dispute causation in death claims, arguing that pre-existing conditions, lifestyle factors, or non-work activities caused the death. They may claim the worker’s own negligence contributed to the fatal incident or that the death occurred outside the course and scope of employment.

Contact Our Bakersfield Workers’ Compensation Attorneys About a Death and Dependent Claim

The loss of a loved one to a workplace accident creates immense emotional and financial challenges for surviving family members. At Levin & Nalbandyan Trial Lawyers, our lawyers are committed to helping families understand death and dependent Bakersfield workers’ compensation claims. Contact our office today to discuss your case and learn how we could help secure the benefits your family needs during this difficult time.