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What Is California Labor Code §4700 (Accrued Death Benefits Pass to Dependents)?
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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
The death of an injured employee does not affect the liability of the employer under Articles 2 (commencing with Section 4600) and 3 (commencing with Section 4650). Neither temporary nor permanent disability payments shall be made for any period of time subsequent to the death of the employee. Any accrued and unpaid compensation shall be paid to the dependents, or, if there are no dependents, to the personal representative of the deceased employee or heirs or other persons entitled thereto, without administration.
What does California Labor Code §4700 actually establish?
Section 4700 confirms that unpaid workers' comp benefits that had accrued before the worker's death pass automatically to dependents or the estate.
Section 4700 is the rule that a California injured worker's death does not erase benefits that had already accrued and gone unpaid before the death, those amounts pass to dependents or, if none, to the estate. It is separate from the forward-looking death-benefit schedule. Certified Specialist Eman Yazdchi (California Board of Legal Specialization, State Bar of California) pursues accrued-benefit claims for surviving dependents on every workers' compensation death file in the practice.
California Labor Code §4700 establishes that the death of a California injured worker does not extinguish the employer or insurer's liability for compensation that accrued and was unpaid before death. Under §4700, those accrued benefits, medical under California Labor Code §4600, California's medical-treatment duty, TD under California Labor Code §4653, two-thirds-of-pre-injury-wage temporary disability, PD under California Labor Code §4660, the rating that converts impairment to weeks of indemnity, that had vested, pass to the dependents. When no dependent survives, the §4700 accrued benefits pass to the worker's estate.
What compensation actually accrues under §4700 before a California worker's death?
Accrued benefits under section 4700 include unpaid temporary disability, unpaid permanent disability installments, and outstanding medical bills unpaid at the time of death.
Under California Labor Code §4700, accrued California compensation can include unpaid temporary disability under California Labor Code §4653, unpaid medical expenses under California Labor Code §4600, permanent disability under California Labor Code §4660 that had vested but was unpaid, California Labor Code §4658.7 SJDB voucher value when applicable, and any California Labor Code §5814 penalty or California Labor Code §4650 10% increase that had accrued by the time of death. The §4700 California rule sweeps all of these forward to dependents or estate.
How does §4700 interact with §4702 death benefits payable going forward?
Section 4702 governs the forward-looking death-benefit schedule, the weekly amounts paid to surviving dependents going forward after the worker's death from an industrial cause.
Under California Labor Code §4700 and California Labor Code §4702, California has two death-benefit frameworks. The §4700 rule covers what was already owed before death, past-due benefits flow to dependents or estate. The §4702 rule provides the forward-looking schedule: $250,000 for one total dependent, $290,000 for two, $320,000 for three or more for post-2006 injuries, with a separate framework for partial dependents. Both §4700 and §4702 can apply in the same California death case.
Who counts as a dependent for the California §4700 accrued-benefit transfer?
Dependents for section 4700 purposes include wholly dependent spouses, children, and parents, plus partially dependent family members who relied on the worker's earnings.
Under California Labor Code §4700, California dependents are defined by the death-benefits framework, surviving spouses (with a conclusive total-dependency presumption in many cases), surviving minor children, and other family members who were actually dependent on the worker for support. When more than one §4700 dependent survives, the accrued benefits are divided among them. When no dependent survives, the §4700 accrued benefits pass to the worker's estate.
How does §4700 interact with §4706 disposition of accrued benefits?
Section 4706 governs disposition of the accrued amounts: the WCAB must approve the distribution among competing dependents and heirs before payment is released.
Under California Labor Code §4700 and California Labor Code §4706, California fills out the framework when a dependent receiving accrued §4700 benefits later dies and no surviving dependent remains. Under §4706, the remaining accrued payments pass to the surviving heirs at law of the originally-deceased California worker; the WCAB may also authorize burial expenses. The §4700 plus §4706 framework ensures accrued comp benefits do not lapse to the insurer.
CHSWC's 2024 Annual Report shows the median time from QME panel request to final medical-legal report is approximately 11 months, a window most workers and treating physicians badly underestimate when planning around §4062.2 strike timelines.
Related reading: California pillar guide · §4600 explainer.
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 §4700 actually establish about accrued benefits?
California Labor Code §4700 establishes that the death of a California injured worker does not extinguish the employer or insurer's liability for compensation that accrued and was unpaid before the worker's death. Under §4700, those accrued benefits, medical treatment under California Labor Code §4600, temporary disability under California Labor Code §4653, permanent disability under California Labor Code §4660 that had vested before death, pass to the dependents. When no California dependent survives, the §4700 accrued benefits pass to the estate of the deceased worker to be administered through probate.
What compensation actually accrues under §4700 before a California worker's death?
Under California Labor Code §4700, accrued California compensation can include unpaid temporary disability under California Labor Code §4653 for periods the worker was off work before death, unpaid medical expenses under California Labor Code §4600, permanent disability payments under California Labor Code §4660 that had vested but were unpaid, California Labor Code §4658.7 SJDB voucher value when applicable, and any California Labor Code §5814 penalty or California Labor Code §4650 10% increase that had accrued by the time of death. The §4700 California rule sweeps all of these forward to the dependents or estate rather than allowing the insurer to retain them.
How does California §4700 interact with §4702 death benefits payable going forward?
Under California Labor Code §4700 (accrued benefits) and California Labor Code §4702 (death-benefit schedule), California has two distinct death-benefit frameworks. The §4700 California rule covers what was already owed before death and was unpaid, the past-due benefits flow to dependents or the estate. The §4702 California rule provides the forward-looking death-benefit schedule: $250,000 for one total dependent, $290,000 for two total dependents, $320,000 for three or more total dependents for post-2006 California injuries, with a separate framework for partial dependents. Both §4700 and §4702 California rules can apply in the same death case.
Who counts as a dependent for the California §4700 accrued-benefit transfer?
Under California Labor Code §4700, California dependents are defined by the death-benefits framework, surviving spouses (with a conclusive total-dependency presumption in many cases), surviving minor children, and other family members who were actually dependent on the worker for support. When more than one §4700 California dependent survives, the accrued benefits are divided among them. When no dependent survives, the §4700 accrued benefits pass to the worker's estate to be administered through California probate.
How does California §4700 interact with §4706 disposition of accrued benefits?
Under California Labor Code §4700 (accrued benefits pass forward) and California Labor Code §4706 (disposition rules), California fills out the framework when a dependent who was receiving accrued §4700 benefits later dies and no surviving dependent remains. Under California Labor Code §4706, the remaining accrued payments pass to the surviving heirs at law of the originally-deceased California worker; the WCAB may also authorize burial expenses under §4706. The §4700 plus California Labor Code §4706 California framework ensures accrued comp benefits do not lapse to the insurer when chains of dependency break.
Last reviewed by Eman Yazdchi, Esq., June 2026.
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