Losing a loved one under such tragic conditions can be painful to the family physically and emotionally and put a financial burden on them. The thought of losing a loved one in a workplace tragedy due to gross negligence at the employer’s end can be utterly gut-wrenching. The question arises: Can I claim wrongful death? If you need more guidance, click here to learn more about your legal options.
Let’s say a construction worker gets seriously injured in an accident brought on by the negligence of a third party. As the worker gets hospitalized, he initiates a workers’ compensation claim and a personal compensation claim with the family. Unfortunately, by the time the case is taken to trial, the worker dies from the injuries sustained. What happens then? Here is where wrongful death claims come into play and why everyone needs to know about them.
Workers’ Compensation
Filing a worker’s compensation claim is more than just grieving; it is the start of a process that is essential for the family, and in most cases, it is the first step taken. This system is quite beneficial as it alleviates the burden on the family to prove that their employer was negligent. In most cases, funeral costs and other associated expenses are included in the compensation for workers, which assists them in some capacity in those trying times.
However, there is a caveat with this form of assistance. The employer is legally protected from being sued by the family regarding any other form of compensation that is sought that is beyond the mental and emotional torment of losing a loved one by negotiating and going through this process. Even though an individual may not require a lawyer or specialist for this sort of activity, it will not cover all the anguish and pain that the family will go through over this loss.
Wrongful Death Claim
In most cases, these claims are utterly unjust and unaffordable for the family, but these claims are essential if they are wrongfully accused of something. One example of such compensation is the wrongful death claims. Starting with the more specific examples, these claims are fought in the case of the death of a worker due to the following reasons.
Accidents involving transportation
- Asbestos and other chemical exposure
- Falls and Trip related injuries
- Fires or Explosions
- Heavy Machinery Related Accidents
The following criteria must be fulfilled for seeking compensation through wrongful death to be successful:
- The loved one’s death resulted from the defendant’s negligence.
- The family suffered significant losses due to the death.
Damages in wrongful death claims often include:
- Medical and funeral expenses
- Loss of financial support and future earnings
- Emotional suffering and loss of companionship
Unlike workers’ compensation, wrongful death claims require substantial evidence of employer negligence.
Wrongful Death Lawsuit Filing
When a family has already initiated a personal injury claim, and the targeted injured party later dies as a result of that same injury, the family may change the injury claim to a wrongful death claim. This often happens in cases such as the following, but are not limited to:
- Accidents at the workplace
- Road traffic accidents
- Construction accidents
- Accidents within communities, including dog bites
- Negligence within a medical scope
Conclusion
Pursuing a lawsuit is helpful when someone dies because of a person’s fault or because of an unsafe area. It acts like a balm and gives peace of mind, in addition to financial assistance, to the family. These lawsuits allow families to recover medical expenses, lost income, and compensation for emotional suffering.
References:
- https://www.gflawoffices.com/blog/2024/june/what-happens-after-a-wrongful-death-occurs-at-wo/
- https://www.heitingandirwin.com/faq/what-happens-when-a-personal-injury-turns-into-a-wrongful-death-lawsuit/
- https://shinerlawgroup.com/workplace-accidents-wrongful-death-claims/
- https://wfirm.com/can-you-file-a-wrongful-death-claim-for-a-workplace-accident/
