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California Labor Code §4702 — Death Benefit Schedule Amounts
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By Eman Yazdchi, Esq. · Certified Specialist in Workers' Compensation Law, State Bar of California Board of Legal Specialization · Cal Bar #285231
(a) Except as otherwise provided in this section and Sections 4553, 4554, 4557, and 4558, and notwithstanding any amount of compensation paid or otherwise owing to the surviving dependent, personal representative, heir, or other person entitled to a deceased employee's accrued and unpaid compensation, the death benefit in cases of total dependency shall be as follows: (1) In the case of two total dependents and regardless of the number of partial dependents, for injuries occurring on or after January 1, 2006, two hundred ninety thousand dollars ($290,000).
What does California Labor Code §4702 establish?
Section 4702 establishes the California dollar schedule for workers' compensation death benefits by total-dependent count, $250,000, $290,000, or $320,000 paid out as installments.
Section 4702 is California's rule that fixes the dollar amount of a workers' compensation death benefit by the number of total dependents the deceased worker left behind, $250,000 for one total dependent, $290,000 for two, $320,000 for three or more, paid as weekly installments at the worker's temporary-disability rate until the schedule is exhausted. Certified Specialist Eman Yazdchi (California Board of Legal Specialization, State Bar of California) handles death-benefit claims for surviving families.
California Labor Code §4702 sets the schedule of California workers' compensation death benefits payable by the California employer or insurer to surviving dependents of a worker killed by an industrial injury. Under §4702 California, the current schedule provides $250,000 for one total dependent, $290,000 for two total dependents, and $320,000 for three or more total dependents; partial-dependents-only cases are calculated differently based on the amount of support the dependents actually received from the deceased California worker. The §4702 California schedule amounts are then apportioned among multiple California dependents under the California Labor Code section 4703, California's apportionment rule for splitting death benefits among multiple dependents, California rules and paid out as weekly installments at the California temporary disability rate until exhausted.
How are §4702 California death benefits actually paid out?
Death benefits are paid in weekly installments at the worker's temporary-disability rate until the total schedule amount under the rule has been fully paid.
Under California Labor Code §4702, the California death benefit is paid out as weekly installments at the California temporary disability rate that applied to the deceased California worker on the date of injury under California Labor Code §4653 California, typically two-thirds of the worker's average weekly wage, subject to statutory minimums and maximums. The §4702 California schedule amount divided by the California weekly TD rate gives the total number of payable weeks; the California insurer pays the weekly amount until the schedule is exhausted. Section 4702 California weekly installments are paid to surviving California dependents in the apportioned shares determined under the California Labor Code section 4703 California apportionment rule.
How does §4702 California treat cases with partial dependents only?
When the only dependents are partial dependents, the schedule benefit is reduced based on the level of past support the deceased provided to each dependent.
Under California Labor Code §4702, when the deceased California worker leaves only partial dependents (no total dependents), the California schedule amount is calculated differently, it is generally limited to four times the annual amount the partial California dependents actually received from the deceased worker, capped at the §4702 California maximum schedule. The §4702 California partial-only calculation requires evidence of the actual support stream from the deceased California worker to the partial dependents, typically through bank records, tax returns, and household-finance documentation. The §4702 California rule means partial-dependents-only cases generally produce lower death benefits than total-dependent cases.
How does §4702 California handle the §4659 life pension for surviving spouses?
The life-pension rule extends payments for a surviving spouse beyond the standard schedule when the worker had been receiving life-pension benefits before death.
Under California Labor Code §4702 (death benefit) and California Labor Code §4659 (life pension), the California surviving-spouse life pension applies in narrow circumstances when the worker's pre-death California PD rating reached 70-99% and the worker was already receiving a California Labor Code §4659 California life pension. The §4659 California life pension may continue to the surviving California spouse after the worker's death in some cases, separate from the §4702 California schedule death benefit. The pair of California sections covers different streams: §4702 California is the lump-sum death benefit for industrial fatalities; California Labor Code §4659 California life pension is the surviving-spouse continuation of an existing PD pension in death-after-disability cases.
How does §4702 California interact with §4706 burial, §4700 spouse, and §3852 third-party recovery?
Section 4702 interacts with the burial expense rule, the surviving-spouse rule, and the third-party recovery offset when civil damages are also recovered.
Under California Labor Code §4702 (death benefit schedule), California Labor Code §4706 (burial expense), California Labor Code §4700 (surviving spouse), and California Labor Code §3852 (third-party recovery), the California death-benefit framework is multi-streamed. California Labor Code §4702 California sets the schedule amount; California Labor Code §4706 California adds the $10,000 burial expense; California Labor Code §4700 California governs how benefits payable to surviving California spouses are structured; and California Labor Code §3852 California handles credits and reimbursements when surviving California dependents recover from non-employer tortfeasors. The four California sections together define the full economic recovery available after a California industrial fatality.
Related on yazdchilaw.com: California workers' compensation lawyer pillar · California Labor Code §5400.30 explained · California Labor Code §3700.6 explained · what to do if you can't go back to work after a workers' comp injury.
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Tap to call →Frequently Asked Questions
What does California Labor Code §4702 establish for death benefit amounts?
California Labor Code §4702 sets the schedule of California workers' compensation death benefits payable by the California employer or insurer to surviving dependents of a worker killed by an industrial injury. Under §4702 California, the current schedule provides $250,000 for one total dependent, $290,000 for two total dependents, and $320,000 for three or more total dependents; partial-dependents-only cases are calculated differently based on the amount of support the dependents actually received from the deceased California worker. The §4702 California schedule amounts are then apportioned among dependents under California Labor Code section 4703 California rules.
How are §4702 California death benefits actually paid out?
Under California Labor Code §4702, the California death benefit is paid out as weekly installments at the California temporary disability rate that applied to the deceased California worker on the date of injury under California Labor Code §4653 California, typically two-thirds of the worker's average weekly wage, subject to statutory minimums and maximums. The §4702 California schedule amount divided by the California weekly TD rate gives the total number of payable weeks; the California insurer pays the weekly amount until the schedule is exhausted. Section 4702 California weekly installments are paid to surviving California dependents in the apportioned shares determined under California Labor Code section 4703 California.
How does §4702 California treat cases with partial dependents only?
Under California Labor Code §4702, when the deceased California worker leaves only partial dependents (no total dependents), the California schedule amount is calculated differently, it is generally limited to four times the annual amount the partial California dependents actually received from the deceased worker, capped at the §4702 California maximum schedule. The §4702 California partial-only calculation requires evidence of the actual support stream from the deceased California worker to the partial dependents, typically through bank records, tax returns, and household-finance documentation. The §4702 California rule means partial-dependents-only cases generally produce lower death benefits than total-dependent cases.
How does §4702 California handle the §4659 life pension for surviving spouses?
Under California Labor Code §4702 (death benefit) and California Labor Code §4659 (life pension), the California surviving-spouse life pension applies in narrow circumstances when the worker's pre-death California PD rating reached 70-99% and the worker was already receiving a California Labor Code §4659 California life pension. The California Labor Code §4659 California life pension may continue to the surviving California spouse after the worker's death in some cases, separate from the §4702 California schedule death benefit. The pair of California sections covers different streams: §4702 California is the lump-sum death benefit for industrial fatalities; California Labor Code §4659 California life pension is the surviving-spouse continuation.
How does §4702 California interact with §4706 burial, §4700 spouse, and §3852 third-party recovery?
Under California Labor Code §4702 (death benefit schedule), California Labor Code §4706 (burial expense), California Labor Code §4700 (surviving spouse), and California Labor Code §3852 (third-party recovery), the California death-benefit framework is multi-streamed. California Labor Code §4702 California sets the schedule amount; California Labor Code §4706 California adds the $10,000 burial expense; California Labor Code §4700 California governs how benefits payable to surviving California spouses are structured; and California Labor Code §3852 California handles credits and reimbursements when surviving California dependents recover from non-employer tortfeasors. The four California sections together define the full economic recovery available after a California industrial fatality.
Last reviewed by Eman Yazdchi, Esq., June 2026.
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