This situation seems like something out of a nightmare. You are dealing with the terrible loss of a loved one and at the same time, you have to make arrangements to claim compensation from their employer. You want to grieve but you also need to be strong. There is a lot on your mind but the first thing that you should do is prove that the employer in question here was at fault. Prove that their negligence led to the demise of your family member. Your legal advisor or wrongful death lawyer will be in a better position to help you find out who was responsible for the death of your loved one at their workplace.
Dealing With A Loved One Passing Away At Work
If any individual dies while they are working as a result of injury, violence, or an accident, the first thing that the employer should do is call the emergency services. They are not supposed to move the body of the victim under any circumstances. Reporting a work-related death or injury immediately to the health and safety executive or the concerned department is the next step. They should also inform the family or relatives or loved ones of the victim right away.
Death Because Of Work-Related Injuries
There are several cases when individuals die of injuries and various other complications after the accident has happened at work and they have been taken to a medical facility or a hospital. This should not be dismissed as a medical lapse because the accident/injury was the result of the mishap that took place at the workplace of the victim. Therefore, it is essential that the negligence and responsibility of the employer are fixed and the responsible party is held accountable for the death of the employee.
Workers’ Compensation Versus Wrongful Death Claim
It will take a little bit of effort on your part and also on the part of your legal advisor to prove that the employer was at fault in this case. This is why usually when an employee passes away on the job people seek compensation from the employer in the form of workers’ compensation. It usually provides an immediate benefit to their family members and dependents. You must be thinking that if there is a worker’s compensation plan in place, you do not need the help of any wrongful death attorneys at all. You are wrong!
Workers’ compensation is specifically meant to protect the employer. This means that even if the employer did not follow any standard safety practices or was negligent in their attitude and/or contributed to the conditions that led to the fatal accident of the victim, he cannot be sued for any damages at all.
This means that even if the employer happened to violate any safety standards that had been set by, for example, the Occupational Safety and Health Administration, they will still get protection from any kind of legal action. This is where you as the family member or loved one of the victim, need to understand your rights.
Compensation From Anyone At Fault – How Responsible Are Their Associates And Other Employees?
Is it possible that their fatal accident happened because of the negligence of another employee? Yes, that is very much possible that in addition to the employer, an employee or another worker might be responsible for the fatal accident. This kind of situation calls for a deeper investigation of the case so that the responsible party can be held accountable for the fatal accident. This means that the survivors of the victim may be in a position to seek compensation from both parties in a ratio that the jury/judge deems fit.
Understanding Probable Benefits With Wrongful Death Claims
Remember, if you seek worker’s compensation death benefits, you will be entitled to a fraction of the wages of the deceased family member. However, if you want to consider a wrongful death suit against the employer or any other party that could be responsible for the fatal injury or accident, you will be entitled to a lot more. This amount will be fair and justified considering the humongous loss that you have just suffered.
Final Thoughts
It is going to be a tough journey because you will have to deal with your emotions, finances, legal formalities, and a lot more all at the same time. But managing the responsibilities of your family, all the while making sure that you get justice can be simplified if you have the right legal help.