April 25, 2023 | Workers' compensation

Accidents can occur at any time and at any place. They can even occur while at work or while carrying out work-related tasks. Many times work-related accidents end up with workers suffering injuries that they are able to recover from. Sometimes these injuries are severe and life altering. Other times the worker dies as a result of the injuries sustained in a work-related accident.

If you have lost a loved one as a result of a work-related accident or illness, you can seek compensation for your loss. However, it can be challenging determining the best approach to take in your case. Below we discuss two options you can take as well as the pros and cons of each.

Who Can File For Compensation?

Before getting into the details of what options are available for compensation after the death of a worker in a work-related incident, it is important to determine who exactly can recover benefits. Benefits for the death of a worker can only be recovered by surviving family members who were either totally or partially dependent on the deceased at the time that the injury occurred. There are some family members that are automatically considered as dependents. These include the spouse, children under the age of 18 and adult children who are unable to earn a living due to physical or mental limitations.

If you’re not sure whether you qualify to recover benefits, it is best to consult an experienced attorney. They will review the case and determine whether you can recover benefits for the loss of your loved one.

Workers’ Compensation Death Benefits

Workers’ compensation is a no-fault system designed to provide financial benefits to workers that have been injured while on the job. It is also designed to provide benefits to the dependents of workers that have died as a result of a work-related accident or illness. Because this is a no-fault system, it protects the employer from lawsuits even if their negligence contributed to the accident that resulted in the death of your loved one. This means that if you recover workers’ compensation death benefits, you will not be able to sue your loved one’s employer for their negligence.

One of the biggest benefits of pursuing workers’ compensation death benefits is that you will not have to prove negligence. You will be entitled to the benefits simply because the death was work-related. These benefits cover:

• Medical expenses for when the employee was alive
• Temporary or permanent disability that was still owed to the worker while they were alive
• Lost wages
• Funeral and burial expenses

It should be noted that there are maximum limits set by state law on how much you can recover through workers’ comp death benefits. You should also note that workers’ compensation only pays for tangible losses. You cannot recover compensation for intangible losses such as loss of companionship.

Wrongful Death Lawsuit

If the workplace death of your loved one was caused by a third party such as a subcontractor or even a negligent manufacturer, you can file a wrongful death lawsuit against this third party. You cannot file a wrongful death lawsuit against your deceased loved one’s employer. Workers’ compensation laws protect employers from these lawsuits.

Filing a wrongful death lawsuit will allow you to recover much more than if you would through workers’ compensation death benefits. Wrongful death benefits offer compensation for:

• Medical expenses
• Lost wages including the wages that the deceased would have earned up to their retirement
• Funeral and burial expenses
• Loss of care, service or assistance as well as other benefits that the deceased provided while they were alive
• Pain and suffering and many more

An experienced attorney can evaluate your case to determine what benefits you can pursue. With a wrongful death lawsuit, you can pursue intangible damages such as pain and suffering and post-traumatic stress.

There are no damage caps for a wrongful death lawsuit. This means that you have the potential to recover much more than you would with a workers’ compensation claim. However, these lawsuits can take quite a long time to settle. Cases can take months and sometimes years to conclude.

Which Option is Best for Your Case?

You may now be wondering what option to take for your case. The best way to determine the options available to you is by consulting with an experienced attorney. Your attorney will review your case and investigate the circumstances of the accident. They will identify any third party that may have been responsible for the accident and advise you on the best approach to take in pursuing compensation.

A skilled and experienced attorney will help you recover full compensation for the loss of your loved one. They will handle all aspects of your claims so you can focus on picking up the pieces and getting back on your feet. Contact us to consult with an experienced attorney.

Workers Compensation Wrongful Death Lawsuits