A California Firefighter recently died when battling the State’s second largest wildfire, the Dixie Fire.
While the individual who died was not identified, it would appear that he worked for CALFIRE and was an Assistant Fire Engine Operator with the Lassen National Forest. It was reported that he suffered from a previous illness. Foxnews.com
What Type of Claim Can Be Filed When A Worker Dies?
In the event of a death, the Injured Worker’s dependents may pursue death benefits. Dependency can vary depending upon a variety of factors. These factors include the amount of support provided, the dependent’s age and the dependent’s marital status.
If Someone Had a Pre-Existing Medical Condition and Dies On the Job, Would That Impact a Death Claim?
Possibly. If work had a causative role in the death, then death benefits would be indicated. If work had absolutely no causative role, then a death claim may not be viable. The causation decision is made per medical opinion and legal statutes. For example, for certain firefighters, a heart presumption applies. This presumption can impact the medical provider’s opinion on causation.
For Firefighters, Are There Special Benefits in the Event of Death Claims?
For certain Safety Members, there are special benefits that apply. For certain dependents, they may be eligible for a special death benefits retirement through CALPERS. In that circumstance, a dependent will have to choose a special death benefit pension versus workers’ compensation death claim. Other dependents may have to pursue death benefits via the workers’ compensation appeals board. See Jones v. CDCR Kern Valley State Prison, 2014 Cal. Wrk. Comp. P.D. LEXIS 461
Are Burial Expenses Provided?
Yes. Workers’ compensation death cases provide for burial expenses. The current amount of the expenses is $10,000.00.
What If I Need Legal Advice?
If you would like a free consultation concerning any workers’ compensation case, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. They have been helping people in Central and Southern California deal with their worker’s compensation cases for 28 years. Contact us today for more information.