Across the United States, there are over 3 million workplace accidents that result in serious injuries every year, and more than 5,000 of these injuries are fatal. Accidents that result in death are usually caused by explosions, fires, or chemical exposure. Many of these incidents result directly from unsafe working conditions or defective pieces of machinery and equipment.
Averting these terrible tragedies would have been possible. Family members who have endured fatal injuries have a right to seek damages for the losses they have suffered.
After a Fatal Workplace Accident, Can Surviving Family Members Collect Benefits?
If a person dies as a result of a work-related accident or disease, his or her family may be entitled to Workers’ Compensation. Widows, widowers, children under the age of 18, and students in school up to the age of 23 may be qualified for these rewards. Additionally, Workers’ Compensation may cover some burial costs.
Workers’ Compensation regulations are constantly changing, so surviving family members should get legal advice to fully grasp their entitlements. At Siman Law Firm in Los Angeles, our experienced attorneys assist surviving family members in determining if they are eligible for death benefits. We will also assist in determining whether a third party is to blame for the death.
Do Surviving Family Members/ Relatives have a Right to Sue for Wrongful Death?
If a worker dies in a workplace accident, surviving members of the family may believe that the Workers’ Compensation statute limits their rights. This isn’t always the case, though. When someone other than an employer is to blame for tragic injuries caused by a workplace accident, surviving family members can launch a wrongful death lawsuit against them.
Producers of equipment and machinery, dealers of hazardous substances, and contractors who install defective equipment are all examples of potential third parties. Surviving family members can file a third-party lawsuit to recover damages not covered by Workers’ Compensation. Workers’ Compensation protects employers from liabilities, but it does not cover third parties who are careless. A worker could file a products liability claim if defective equipment caused a workplace accident.
.What is the Process for Filing a Wrongful Death Claim?
Under most state laws, a single specific representative of the departed person is required to submit a wrongful death lawsuit on account of all survivors. A wrongful death claim is not available to everyone who has lost someone close. The estate manager or a person appointed by the court may serve as the personal representative if the deceased left no will.
Common beneficiaries include spouses, children, parents, siblings, other extended family members, and friends mentioned in a will or trust agreement. A wrongful death claim must be filed within a specified timeframe. Family members who wish to pursue a wrongful death claim should speak with an experienced lawyer.