What to Do If You Lost a Loved One to a Preventable Workplace Accident
Your employer could take out from their worker’s compensation insurance to cover initial medical costs as well as funeral expenses. However, you could demand more than the obligated amount. Nonetheless, there are legal steps you will need to take to get to that point. If you’ve lost a loved one to an on-site accident that could’ve been prevented, the guide below should give you a rundown of what to do next in your quest for justice:
1. Learn about the circumstances of your loved one’s death
The first thing you will need to consider is the facts surrounding your loss. Construction sites and manufacturing plants are where severe injuries often occur and it’s important to know if your employer has done everything it could to ensure high levels of safety. In most cases, the death could be the result of defective equipment which the original manufacturer must answer.You need to gather all the details necessary to establish negligence on the part of the manufacturer. You will need to document everything related to your loss so you can identify what legal means are appropriate.
2. Know what type of claim to pursue
Once you’ve understood the nature of your loved one’s workplace-related death, you will need to know what legal approaches you’re allowed to use to recover compensation. Generally, under worker’s compensation rules, you’re not allowed to directly sue the employer if indeed the death was caused by their negligence. The compensation their surviving family receives will be taken out from the employer’s insurance coverage.However, if the death was the result of faulty equipment, you can file a separate claim for wrongful death against the manufacturer. The same can be said if your loved one died as a result of developing lung conditions from prolonged asbestos exposure. You will need to learn about filing a mesothelioma lawsuit after death if your loved one was confirmed to have contracted the disease at work.
3. Contact an experienced lawyer
Whether you’re filing a worker’s compensation claim or suing a manufacturer for wrongful death, you need legal representation to make sure your case moves along smoothly on behalf of your deceased loved one. Your company’s insurance carrier may deny your claim for convoluted reasons and the manufacturer may also deny liability.You need a lawyer to deal with these forms of resistance so you can give the justice deserved by your loved one’s surviving family members. It matters to consult and get a lawyer specializing in wrongful death disputes and labor laws and with a proven track record of successful litigations to show for it.
4. Never settle when the time isn’t right
As your loved one’s wrongful death case builds up, the other side may reach out to you and to any surviving family member in an attempt to settle. The offer may seem tempting at first glance, but it does not always reflect the full extent of the loss.As much as possible, talk to your lawyer before signing any document that may be used to prove your agreement to an unjust settlement deal. The proceedings could drag on, but you will need to stick to your guns until an optimal amount is placed on the table.
Endnote
Losing a loved one to a workplace-related accident is difficult enough, but it becomes even more complicated as you initiate legal action. By keeping these tips in mind, you can help lessen the economic and emotional impact of their loss on their spouse and their children.Do You Need An Attorney?
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Posted - 02/11/2025
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