Who Can File a Wrongful Death Claim When Someone Dies on the Job in California?

The sudden loss of a loved one is always a devastating experience. Following a work-related death, you may begin having questions about who is at fault and which parties are eligible to pursue compensation through the civil courts. Legal representation can help you determine who can file a wrongful death claim when someone dies on the job in California.

While most job-related deaths in California are handled through the sistema de indemnización de los trabajadores, there are situations where surviving family members may have grounds to file a wrongful death claim. Civil claims are typically allowable when a third party, such as a contractor, is responsible for the death.

Understanding Workplace Deaths in California

Workplace fatalities remain a serious concern across California. In 2023, the state recorded 439 fatal occupational injuries, down from 504 the previous year. These deaths occur across all industries and are most often caused by transportation accidents, exposure to harmful substances, physical violence, falls from height, and equipment-related incidents.

Certain sectors face far greater risks. The agriculture, forestry, fishing, and hunting industries reported a fatal injury rate of 15.4 per 100,000 workers in 2023, reflecting an 8 percent increase from the previous year. These jobs often involve heavy machinery, outdoor hazards, and extreme conditions. By contrast, the leisure and hospitality sector saw a decline, with a fatality rate of 2.0 per 100,000 workers, down from 2.3 in 2022.

Individuals Who May Be Eligible for Filing a Civil Wrongful Death Claim

Although most workplace deaths in California are handled through the workers’ compensation system, there are limited but important situations where a civil wrongful death claim may also be pursued. These claims are typically permitted when a third party is responsible for the death. One example would be a delivery truck driver who struck a worker. Contractors, property owners, and equipment manufacturers may also be liable.

En California Code of Civil Procedure § 377.60, a civil wrongful death claim may be filed by the individuals most closely connected to the deceased. The primary people with standing to bring a lawsuit include the surviving spouse, domestic partner, and children of the deceased. If none of these immediate family members are living, others who could inherit under California’s intestate succession laws, such as parents or siblings, may also be eligible to file.

In some cases, individuals who were financially dependent on the deceased may qualify to bring a claim. This can include putative spouses, stepchildren, or any minor who lived with and relied on the worker for support. If no eligible heirs come forward, the personal representative of the decedent’s estate may initiate the claim on behalf of all beneficiaries.

Family Members Who Can File for Death Benefits Under Workers’ Comp

In California, immediate family members are given priority when it comes to filing a wrongful death claim after a workplace fatality. This includes the deceased worker’s surviving spouse, domestic partner, and children.

If the worker had no surviving children, a claim may still be filed by other heirs who would inherit under California’s intestate succession laws, such as parents or siblings. For example, if a construction worker in Riverside dies on the job and leaves behind a spouse and two children, those family members are considered the primary claimants.

They can seek compensation for lost income, funeral expenses, and loss of companionship. The law is designed to ensure that those most directly affected by the loss have the legal standing to pursue damages, even if the death occurred while performing dangerous or routine duties on the job. Minor stepchildren, putative spouses, or others who depended financially on the deceased may also qualify to file in certain circumstances.

Time Limits for Filing Your Claim

In most cases, you have dos años from the date of death to file a wrongful death claim, though some workplace-related deaths may involve different deadlines.

Preguntas frecuentes

Q: Who Can Bring a Wrongful Death Claim in California?

A: In California, a wrongful death claim can be brought by the deceased person’s spouse, domestic partner, children, or other dependents. If none exist, other relatives like parents or siblings may qualify. These claims are filed to recover for losses related to the death, including income, companionship, and funeral costs. Eligibility is determined by legal relationship and financial dependence on the deceased.

Q: How Does a Wrongful Death Claim Work in California?

A: A wrongful death claim in California begins when eligible family members file in civil court. The goal is to recover compensation for damages like lost income, funeral costs, and emotional harm. Claimants must prove the death resulted from someone’s negligent or wrongful act.

The defendants also have the opportunity to present evidence showing that they are not liable for the death. Ultimately, the party with the strongest evidence wins a case by convincing a judge or jury of their version of events.

Q: What Must Be Proven in a California Wrongful Death Claim?

A: To succeed in a California wrongful death claim, you must prove that the death was caused by someone’s negligence or intentional act. You also need to show that the death resulted in measurable harm, such as lost financial support or companionship. This requires evidence like medical records, witness statements, and reports. A clear link between fault and loss is essential to the case.

Q: What Challenges Do Families Face When Filing a Wrongful Death Claim?

A: Families filing a wrongful death claim in California often face delays, legal defenses, and difficulty proving damages. Insurance companies may dispute fault or question the value of emotional and financial loss. Grief can also make it harder to gather paperwork or testimony. Starting early, keeping records, and working with someone familiar with the process helps reduce obstacles and improve the outcome.

You Deserve Accountability and Justice. Contact Diefer Law Group, P.C., Today

Losing a loved one in a workplace accident is emotionally and financially devastating. California law allows certain family members to file a wrongful death claim if someone else’s negligence contributed to the death. Whether you qualify depends on your relationship with the deceased and your level of financial dependence.

En Diefer Law Group, P.C., we help families pursue justice and compensation after tragic work-related deaths. Our attorneys provide focused, compassionate guidance and can walk you through every option available under California law. Póngase en contacto con nuestra oficina to schedule your consultation and learn how we can support your family during this time.