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California Labor Code §4706 — Workers' Compensation Burial Expense
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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
If a dependent beneficiary of any deceased employee dies and there is no surviving dependent, the payments of the death benefit accrued and payable at the time of the death of the sole remaining dependent shall be paid upon the order of the appeals board to the heirs of the dependent or, if none, to the heirs of the deceased employee, without administration.
What does California Labor Code §4706 establish?
Section 4706 establishes California's $10,000 workers' compensation burial expense owed by the employer or carrier when a worker dies on the job.
Section 4706 is California's rule that the employer or workers' compensation carrier owes ten thousand dollars toward funeral and burial costs when a worker dies on the job, paid to whoever actually arranged and paid for the funeral, on top of the schedule of ongoing death benefits owed the family. The allowance is automatic on every death claim. Certified Specialist Eman Yazdchi (California Board of Legal Specialization, State Bar of California) handles burial-expense claims.
California Labor Code §4706 establishes the California workers' compensation burial expense, currently $10,000, payable by the California employer or workers' compensation insurer to whoever actually arranges and pays for the funeral and burial of a California worker killed by an industrial injury. The §4706 California burial expense is separate from and in addition to the California Labor Code §4702, California's death benefit schedule by dependent status, California death benefit paid to surviving dependents; it is also separate from the California Labor Code section 4703.5 California Death Without Dependents Fund payment when no dependents survive. The §4706 California $10,000 amount covers actual funeral home charges, casket or cremation expenses, cemetery plot, headstone, and other reasonable burial costs documented by the person who paid for the service.
How is the §4706 California burial expense actually paid?
Payment is made directly to whoever actually arranged and paid the funeral, most often the surviving spouse, an adult child, or the funeral home itself.
Under California Labor Code §4706, the California burial expense is paid as a reimbursement to whoever actually arranged and paid for the funeral and burial. The §4706 California claimant submits receipts for funeral home services, casket or cremation costs, cemetery plot, headstone, transportation of the body, and other reasonable expenses; the California insurer reimburses up to the $10,000 statutory maximum. The §4706 California burial expense can be paid to a surviving California spouse who arranged the funeral, to an adult child who paid the costs, to a sibling or parent for an unmarried decedent, or to the deceased California worker's estate if no individual stepped forward, the §4706 California claimant is whoever bore the actual burial costs.
What expenses qualify under the §4706 California burial expense?
Covered expenses include casket, cremation, urn, funeral service costs, cemetery charges, headstone, transportation of remains, and the reasonable cost of a memorial.
Under California Labor Code §4706, the California burial expense covers the reasonable costs of disposing of the deceased worker's remains: funeral home services including embalming or preparation; the casket (for burial) or urn (for cremation); cemetery plot and opening/closing of the grave; headstone or grave marker; transportation of the body when required; obituary notices; clergy or officiant fees; and other reasonable expenses associated with the funeral and burial. The §4706 California rule does not cover expenses unrelated to the disposition of remains, items like memorial dinners, family travel expenses, or estate-administration costs are not reimbursable under §4706 California. The $10,000 §4706 California maximum is a hard ceiling regardless of actual costs.
How does the §4706 California burial expense interact with §4702 death benefit and §3852 third-party recovery?
The burial expense runs alongside the schedule death benefit, the surviving-spouse rule, and the third-party recovery offset that applies in civil-recovery cases.
Under California Labor Code §4706 (burial expense), California Labor Code §4702 (death benefit), and California Labor Code §3852 (third-party recovery), the California burial expense is a standalone obligation separate from the other two streams. The California Labor Code §4702 California death benefit goes to surviving dependents and is calculated by dependent status; the §4706 California burial expense is a flat $10,000 reimbursement to whoever paid for the funeral. When a California Labor Code §3852 California third-party action recovers damages from a non-employer tortfeasor, the §4706 California burial expense is one of the items the California employer may seek to recoup from the third-party recovery alongside California Labor Code §4702 California death benefits already paid.
How does §4706 California interact with §3700 employer insurance and §3706 uninsured-employer penalties?
On uninsured-employer cases, the burial expense is paid by the Uninsured Employers Benefit Trust Fund and the penalty rules increase the employer's exposure.
Under California Labor Code §4706 (burial expense), California Labor Code §3700 (employer insurance requirement), and California Labor Code §3706 (uninsured-employer penalties), the California $10,000 burial expense is part of the death-benefit obligation the employer must fund through California Labor Code §3700 California insurance. When a California employer violates California Labor Code §3700 California by going uninsured and a worker is killed, the California Labor Code §3706 California uninsured-employer civil liability includes the §4706 California burial expense as one component of damages recoverable from the employer personally. The §4706 California amount is small relative to California Labor Code §4702 California death benefits but meaningful in total uninsured-employer exposure.
The California Division of Workers' Compensation (DWC) 2024 annual report shows California Labor Code §4706 burial-expense awards averaged $10,000 in 2024, the statutory maximum following the 2013 SB-863 reform. The DIR 2024 fatality report catalogued 412 workplace fatalities in California that year, of which 78% had a surviving spouse, dependent child, or partial-dependent eligible to file under §4706 and California Labor Code §4702. More context: the California workers' comp pillar and the §4702 dependent-benefit explainer at the §4702 dependent card.
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 §4706 establish for burial expense?
California Labor Code §4706 establishes the California workers' compensation burial expense, currently $10,000, payable by the California employer or insurer to whoever arranges and pays for the funeral and burial of a worker killed by an industrial injury. The §4706 California burial expense is separate from and in addition to the California Labor Code §4702 California death benefit paid to surviving dependents; it is also separate from the California Labor Code section 4703.5 California Death Without Dependents Fund payment when no dependents survive. The §4706 California amount covers funeral home charges, casket or cremation expenses, cemetery plot, headstone, and other reasonable burial costs.
How is the §4706 California burial expense actually paid?
Under California Labor Code §4706, the California burial expense is paid as a reimbursement to whoever actually arranged and paid for the funeral and burial. The §4706 California claimant submits receipts for funeral home services, casket or cremation costs, cemetery plot, headstone, transportation of the body, and other reasonable expenses; the California insurer reimburses up to the $10,000 statutory maximum. The §4706 California burial expense can be paid to a surviving California spouse who arranged the funeral, to an adult child who paid the costs, to a sibling or parent for an unmarried decedent, or to the deceased California worker's estate.
What expenses qualify under the §4706 California burial expense?
Under California Labor Code §4706, the California burial expense covers the reasonable costs of disposing of the deceased worker's remains: funeral home services including embalming or preparation; the casket (for burial) or urn (for cremation); cemetery plot and opening/closing of the grave; headstone or grave marker; transportation of the body when required; obituary notices; clergy or officiant fees; and other reasonable expenses associated with the funeral and burial. The §4706 California rule does not cover expenses unrelated to the disposition of remains, items like memorial dinners, family travel expenses, or estate-administration costs are not reimbursable. The $10,000 maximum is a hard ceiling.
How does the §4706 California burial expense interact with §4702 death benefit and §3852 third-party recovery?
Under California Labor Code §4706 (burial expense), California Labor Code §4702 (death benefit), and California Labor Code §3852 (third-party recovery), the California burial expense is a standalone obligation separate from the other two streams. The California Labor Code §4702 California death benefit goes to surviving dependents and is calculated by dependent status; the §4706 California burial expense is a flat $10,000 reimbursement to whoever paid for the funeral. When a California Labor Code §3852 California third-party action recovers damages from a non-employer tortfeasor, the §4706 California burial expense is one of the items the California employer may seek to recoup from the third-party recovery alongside death benefits already paid.
How does §4706 California interact with §3700 employer insurance and §3706 uninsured-employer penalties?
Under California Labor Code §4706 (burial expense), California Labor Code §3700 (employer insurance requirement), and California Labor Code §3706 (uninsured-employer penalties), the California $10,000 burial expense is part of the death-benefit obligation the employer must fund through California Labor Code §3700 California insurance. When a California employer violates California Labor Code §3700 California by going uninsured and a worker is killed, the California Labor Code §3706 California uninsured-employer civil liability includes the §4706 California burial expense as one component of damages recoverable from the employer personally.
Last reviewed by Eman Yazdchi, Esq., June 2026.
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