Losing a loved one unexpectedly in a fatal workplace accident can be a devastating experience for many reasons. Naturally, in the aftermath of a loved one’s unexpected passing, you will struggle with a range of emotional difficulties as you adjust to life without someone who played an important role in yours.
You must also consider both the short-term and long-term financial impacts your loved one’s death may have on you. After their death, you may need to cover the cost of their funeral. In the long run, losing a close loved one can also dramatically impact your finances if you relied on their income.Perhaps your loved one was your family’s main provider. If they die without warning in a fatal workplace accident, you will need to find ways to make up for the loss of their earnings. This may require you to take on additional responsibilities if you have to find a new job to support your family. If you have children, and you were typically the parent involved in tending to their daily needs when your loved one was alive, you might need to enlist the help of friends, family, or even professionals to ensure someone is watching over your kids while you work.
Those are just a few examples of the ways in which a fatal workplace accident can affect the life of the decedent’s surviving loved ones. Have you lost a spouse or other such loved one in a workplace accident in the Los Angeles area? If so, you may be eligible to recover compensation for certain losses. Discuss your case with a Los Angeles fatal workplace accident attorney at Koszdin, Fields & Sherry for more information about your legal options.
The vast majority of employers in California are required to purchase workers’ compensation insurance. When someone is injured on the job, they can file a claim to collect workers’ compensation benefits to help them cover the cost of their medical bills and other such financial losses associated with her accident.
Workers’ compensation benefits are also available to those who have lost loved ones in fatal workplace accidents. In these circumstances, workers’ compensation benefits can help a family cover the reasonable costs of funeral expenses. Workers compensation benefits can also compensate a family for lost earnings.
However, it is important to understand that workers’ compensation insurance companies usually attempt to minimize the amount of money they pay out to claimants. Additionally, the law sets a limit on the amount of money an individual or family can receive when they file a claim for workers’ compensation benefits.
This highlights one of many reasons it is wise to enlist the help of a Los Angeles fatal workplace accident attorney when seeking compensation after a loved one’s passing resulting from an on-the-job accident. A lawyer can negotiate for an appropriate settlement on your behalf.
A qualified Los Angeles fatal workplace accident lawyer will also investigate the circumstances of your loved one’s accident to determine if it was the result of negligence. For example, perhaps an investigation reveals that your loved one died because a piece of equipment they were using was defective. In this scenario, along with the money you recover from workers’ compensation benefits, you might be able to recover additional compensation by filing a claim or lawsuit against the designers or manufacturers of the equipment.
Workers can lose their lives in on-the-job accidents for a variety of potential reasons. Common causes of fatalities the workplace include (but are not necessarily limited to) the following:
Those are just a few examples. Regardless of how your loved one lost their life in a workplace accident, if you are wondering whether you have grounds to seek workers’ compensation benefits, it’s important to understand that California law does not require you to show that your loved one was killed in an accident resulting from another party’s negligence.
You only need to establish that your loved one was operating within the scope of their employment when an accident occurred. For example, perhaps your loved one was killed in a car accident while they were at work.
If their accident occurred while they were driving during their lunch break or during another break when they were not technically on-duty, you are not eligible to recover workers’ compensation benefits. However, if their accident occurred when they were driving to a job site or driving in any other capacity directly related to their work duties, workers’ compensation benefits should be available to you.
The example described above provides a fairly clear-cut distinction between whether an accident is or is not work-related. However, it’s not always that easy to determine whether an accident legitimately occurred while a worker was on the job.
This can impact how an insurer responds when the loved ones of someone who died in a fatal workplace accident in Los Angeles seek compensation.
You must be aware that insurance companies are profit-driven businesses. An insurer will often attempt to deny your claim and not pay you anything if they can find justification to do so.
Workers’ compensation insurance carriers typically deny claims when it can be argued that an accident that resulted in the loss of someone’s life was not a truly work-related accident. Again, though, there are instances when it is debatable whether an accident occurred on the job.
You don’t need to simply accept any insurance company’s decision when they state they won’t pay you because you have not shown that your loved one’s accident occurred while they were operating in the scope of their employment. Our Los Angeles fatal workplace accident attorneys can investigate the matter more thoroughly and potentially craft an evidence-supported argument showing that the insurance company is wrong in these circumstances.
That said, even when the insurance company is unable to deny your claim, the insurer will still try to convince you to settle for less than your claim may be worth. This is another reason it is wise to seek legal representation. Our Los Angeles fatal workplace accident lawyers will negotiate on your behalf if an insurance company is initially unwilling to offer what you may deserve.
No one can truly and fully compensate you for the loss of a close loved one. You must simply be aware of the fact that you do have grounds to seek financial compensation if your loved one died due to work-related circumstances. To learn more about how a Los Angeles fatal workplace accident attorney at Koszdin, Fields & Sherry can help you, contact us online or call us at 818-812-5639 to schedule a consultation.