Wrongful death accidents are more common accidents than you may believe. A dedicated worker’s death might sometimes result from an accident, which is tragic. If an employee passes away while working, the workers’ compensation system pays death benefits to all qualifying dependents. Particularly if the employee was the family’s main source of income, these benefits are frequently a crucial source of money for the surviving relatives.
Loved Ones Seeking a Wrongful Death Claim After Death on the Job
What if an employee dies on the job? In this instance, may surviving family members proceed to a wrongful death claim?
To begin, understand that if you lost your spouse or domestic partner in a working/workplace accident, you may be eligible for workers’ compensation death payments. You may be able to collect if you file a wrongful death case based on the precise circumstances of your loved one’s death.
A worker’s compensation attorney may help you understand your rights to benefits and negotiate the best possible settlement. Of course, no amount of money can bring your loved one back, but it can help you keep afloat financially. The last thing anyone needs after a sad loss is to be struggling to pay their obligations.
What Compensation is Available to the Family of a Wrongful Death Victim?
Benefits for dependents and workers/employees who sustain work-related injuries or fatalities are designed under the concept of workers’ compensation. Many people are unaware that workers’ compensation protects employers from responsibility for job-related injuries or fatalities. That applies even if the employer was negligent or contributed to a hazardous workplace environment.
If the workplace fatality was caused by a negligent general contractor, subcontractor, or equipment manufacturer, surviving family members may be able to pursue a wrongful death claim against the guilty party rather than the employer. An example of this would be the deceased employee who was killed as a result of a coworker’s irresponsible driving of a vehicle. Get in touch with a Los Angeles work death attorney right away if someone you know has passed away in an automobile accident while driving for work.
Family members of the unjustified death victim must show the following in order to initiate a wrongful death lawsuit:
- Someone else’s irresponsibility caused their loved one’s passing (such as a negligent equipment manufacturer).
- The family has suffered harm as a result of their loved one’s death. This includes lost money or earning ability, and/or intangible losses such as lost partnership, lower quality of life, grief and suffering, etc.
Compensation for intangible losses is one of the features that distinguishes an unjustified death claim from workers’ compensation.
Who Can Claim Death Benefits?
Death benefits may be available to surviving family members who, at the time of the accident or injury, were wholly or partially financially reliant on the employee. Some family members automatically qualify as full dependents. This covers children under the age of 18 and children who are unable to work due to mental or physical disabilities.
Surviving family members have one year from the date of death to make a claim. They will then qualify for workers’ compensation death payments. The surviving spouse is eligible for death benefits up to a second marriage. Workers’ compensation must also compensate surviving dependents. Dependents are children under the age of 18 years old. This applies to medical expenditures, temporary incapacity, or permanent disability that the employee owed when he or she died.
Contact a Los Angeles Attorney Today
It is critical not to rush into a settlement. Consult with a knowledgeable workers’ compensation attorney to assist and ensure you got fair compensation for your loss. You may reach our office line at 310.943.1171.