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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?
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.
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Does a workers compensation claim end when the worker dies?
Not completely. Labor Code 4700 says death does not erase compensation that accrued and remained unpaid before death. But temporary and permanent disability payments are not made for periods after death. Separate death benefits may also need review.
What does accrued unpaid compensation mean?
It means compensation that became owed before death but was not yet paid. Examples may include past temporary disability, permanent disability installments, unpaid medical bills, mileage, or approved increases tied to payments due before the worker died.
Who gets the unpaid benefits under Labor Code 4700?
The statute pays accrued unpaid compensation to dependents. If there are no dependents, payment may go to the personal representative, heirs, or other persons legally entitled to the funds. Proof of relationship and dependency may be required.
Is Labor Code 4700 the same as death benefits?
No. Labor Code 4700 covers compensation owed before death. Labor Code 4702 covers death benefits when the work injury caused death. A family may need to pursue both, but they answer different questions.
What records help a Labor Code 4700 claim?
Useful records include payment history, benefit notices, medical bills, mileage requests, awards, settlement papers, death certificate, marriage records, birth certificates, and proof of support. These records help show what was owed and who should receive it.
Last reviewed by Eman Yazdchi, Esq., July 2026.
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