While some professions are inherently more dangerous than others, losing a loved one due to a workplace accident is a devastating situation.
In addition to the emotional distress of losing a spouse or other family member, families who lose their primary breadwinner also find themselves in a difficult financial situation.
If your loved one was killed in a workplace accident, you have three options. You can contact a santa ana lawyer and claim the death benefit that forms part of your loved one’s workers’ compensation, you can file a wrongful death lawsuit, or you can file for both.
Here’s everything you need to know to help you determine which course of action is best for you and your family.
Workers’ Compensation
Although the workers’ compensation system differs from state to state, the surviving family members of the deceased may claim death benefits in California.
The California Department of Industrial Relations will determine the amount you receive, and it will depend on how many partial and total death benefits your loved one has. You’ll have one year to file a claim for death benefits.
There are advantages to claiming death benefits – for one, you won’t have to prove that the deceased was killed due to their own negligence. Another advantage is that the government will pay the benefits weekly, and claiming them is a simple process.
The major disadvantage of claiming death benefits is that you’ll automatically comply with the workers’ compensation program’s no-fault system – this means that you waive the right to bring lawsuits against the deceased’s employer for additional damages.
Wrongful Death Suits
Because employees’ workers’ compensation insurance covers workplace injuries, they cannot bring lawsuits against their employers for work-related injuries. However, the deceased’s surviving family members may file a wrongful death lawsuit if their loved one is killed in the workplace.
If a loved one’s death was caused by the negligence of a third party and not the employer– such as an equipment manufacturer or contractor – the surviving family members might file for the deceased’s death benefit as well as wrongful death.
The surviving family members will need to prove that their loved one was killed due to someone else’s negligence and that the family suffered emotional or financial distress as a result.
The main advantage of filing a wrongful death lawsuit is that the grieving family members could gain more compensation than if they had claimed the deceased’s death benefit. There is no limit on the claim amount as it includes intangible losses.
The main disadvantage of filing a wrongful death lawsuit is that the process can take months or even years.
The Bottom Line
If a family’s breadwinner is killed in a workplace accident, there are a few ways they can seek financial relief.
The deceased’s surviving family members may file for death benefits but waive the right to sue the deceased’s employer for damages. However, they may file for death benefits and bring a wrongful death lawsuit against a third-party responsible for the workplace accident that resulted in their loved one’s death.
Contact an experienced lawyer to discuss your options in more detail.