“Eman at Yazdchi Law was extremely professional, responsive, and supportive at all times. He and his staff exceeded all of my expectations.”
Andrea Dalessandro
✦ Certified Specialist in Workers’ Compensation Law — Certified by the State Bar of California, Board of Legal Specialization ✦
Serving injured workers across California. Board-certified specialist; no fee unless we win.
By Eman Yazdchi, Esq. · Certified Specialist in Workers' Compensation Law, State Bar of California Board of Legal Specialization
In California, Labor Code §4700 confirms that an injured worker's death does not extinguish the employer or insurer's liability for compensation that accrued and was unpaid before death — those accrued benefits pass to the dependents (or to the estate when no dependent survives). Yazdchi Law handles California §4700 accrued death benefits statewide.
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, TD under California Labor Code §4653, PD under California Labor Code §4660 that had vested — pass to the dependents. When no dependent survives, the §4700 accrued benefits pass to the worker's estate.
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.
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.
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.
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.
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Tap to call →Last reviewed by Eman Yazdchi, Esq., May 2026.
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