What Is California Labor Code §4700 (Accrued Death Benefits Pass to Dependents)?

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?

Labor Code 4700 keeps unpaid benefits owed before death from being lost.

The law separates two issues. First, death does not erase benefits that were already owed before the worker died. Second, TD and PD do not keep running for time after death. The carrier cannot keep money that was already due. But wage-loss checks do not continue for later periods.

Labor Code 4700 is different from the death benefit schedule. That schedule is addressed by California Labor Code 4702. Many family claims need both rules reviewed. Eman Yazdchi is a Certified Specialist in workers' compensation law, certified by the California Board of Legal Specialization, State Bar of California.

What compensation can accrue before death under Labor Code 4700?

Accrued benefits can include unpaid medical bills, TD, PD, mileage, or approved increases owed before death.

The key word is accrued. The amount must have become due before the worker died. Examples can include unpaid TD for a past off-work period, unpaid PD installments, medical bills, mileage, or a penalty tied to a pre-death payment. The family should gather payment records, awards, bills, and claim letters to find what was still unpaid.

Who receives accrued unpaid compensation?

The law sends unpaid accrued benefits to dependents, or if none exist, to other legally entitled people.

Dependents may include a spouse, minor children, or others who relied on the worker for support. If there are no dependents, payment may go to the personal representative, heirs, or other people the law names. Family disputes can arise. The WCAB may need proof of relationship, support, and right to payment before funds are released.

How is Labor Code 4700 different from Labor Code 4702?

Labor Code 4700 looks back to unpaid benefits, while Labor Code 4702 looks forward to death benefits.

Labor Code 4700 asks what was already due before death. Labor Code 4702 asks what death benefits are owed because the work injury caused death. A surviving family may have both claims. One claim seeks old unpaid benefits. The other seeks death benefits based on cause of death and dependency.

What should a family do after a worker dies during an open claim?

The family should save the claim file and check both accrued benefits and death benefits.

The family should get the claim number, payment history, medical reports, award papers, settlement papers, and death certificate. They should also identify each dependent and any person who relied on the worker for support. Timing matters. A pending comp claim does not automatically solve every death-related deadline or payment issue.