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✦ Certified Specialist in Workers’ Compensation Law — Certified by the State Bar of California, Board of Legal Specialization ✦
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By Eman Yazdchi, Esq. · Certified Specialist in Workers' Compensation Law, State Bar of California Board of Legal Specialization
In California, Labor Code §4702 sets the schedule of California workers' compensation death benefits payable to surviving dependents of a worker killed by an industrial injury. The §4702 California amounts are currently $250,000 for one total dependent, $290,000 for two, and $320,000 for three or more total dependents.
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 rules and paid out as weekly installments at the California temporary disability rate until exhausted.
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.
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.
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.
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.
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Tap to call →Last reviewed by Eman Yazdchi, Esq., May 2026.
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