Losing somebody you love is devastating. This is particularly true when the loss of life points back to a workplace incident. At Koszdin, Fields & Sherry, our team is here to help if you need a Van Nuys fatal workplace injury attorney by your side. Our compassionate and experienced attorneys will take time to fully investigate what happened to your loved one so we can determine liability. Our goal is to ensure that you and your family receive the closure and compensation you are entitled to. We will explore workers’ compensation death benefits as well as possible compensation through a wrongful death lawsuit if necessary.
In the wake of a fatal workplace accident, you and your family will want to explore any option available to recover the closure and compensation you deserve. This can include one of two options:
Workers’ compensation death benefits include reasonable burial and funeral expenses as well as lost earnings for a spouse and any dependents of the deceased. These benefits are limited to a certain amount as prescribed by law, and they will not cover any non-economic compensation such as pain and suffering, loss of emotional support, loss of consortium, emotional distress, etc. Additionally, accepting workers’ comp death benefits means that the family forfeits their right to pursue compensation from an employer who may have been negligent.
In some cases, a wrongful death lawsuit against an employer or another party may be appropriate. This is particularly true if the employer’s negligence caused the fatal accident or if the accident was caused by a third party other than the employer (a subcontractor, manufacturer of a faulty part, etc.). By proving negligence, the family of the deceased may be able to recover considerably more compensation than they would have under workers’ compensation benefits. This includes not only the economic losses such as funeral and burial expenses, pre-death medical expenses, and lost wages, but also compensation for emotional anguish, loss of partnership, pain and suffering, and more.
It is understandable if you are eager to secure compensation as soon as possible after a loved one’s unexpected passing in a workplace accident. This type of experience can leave you facing both tremendous emotional and financial struggles. You might naturally want to jump at the chance to recover any compensation you can, perhaps in part because you might fear that waiting too long will prevent you from recovering any compensation whatsoever.
This is true to a degree. You should not delay in taking action if you wish to pursue compensation for losses associated with your loved one’s passing.
However, you should not begin working with the insurance company by yourself immediately either. Again, it’s possible that you have grounds to pursue compensation from a negligent employer. You don’t want to limit how much you end up recovering by accepting workers’ compensation benefits without first exploring all your options.
Additionally, an insurance company may not immediately offer the full amount of compensation you deserve. Rather than work with an insurer directly, it helps to have representation from a qualified Van Nuys workers’ compensation attorney who is prepared to negotiate for a fair settlement on your behalf.
Specific ways a Van Nuys deadly work injury lawyer can help include the following:
Investigating the accident
Conducting a thorough investigation into the accident that claimed the life of your loved one is critical. Again, because workers’ compensation benefits will not cover all the losses you may have incurred as a result of your loved one’s passing, it is first necessary to determine whether another party may be at-fault.
For example, perhaps our investigation will yield evidence indicating your loved one’s employer failed to provide them with safety equipment that would have saved their life. This may give us justification to take legal action against them. Or, perhaps they did provide the necessary safety equipment, but the manufacturer of said equipment was negligent, and overlooked a defect.
Accounting for your losses
If it is discovered that you have good reason to file a claim or lawsuit against your loved one’s employer or a negligent third party, you will potentially be able to recover more compensation than you would have been able to recover had you only secured workers’ compensation benefits.
In these circumstances, a Van Nuys fatal workplace accident attorney will account for your various compensable losses to determine how much compensation you may be eligible for.
For instance, perhaps your loved one was your family’s main financial provider. Without their income, you might face an intimidating economic future. Although an attorney cannot promise you will recover a specific amount of compensation, the experts at our workers’ compensation law firm in Van Nuys will account for such factors when putting together a claim.
Handling all administrative tasks
You are in mourning. This is not a time when you should burden yourself with such tasks as corresponding with insurance adjusters, documenting your losses, completing and filing paperwork, etc.
Leave all those tasks to us. We will allow you to focus on your own needs while we attend to your case.
If you have lost somebody you love due to a workplace-related injury or illness, contact the team at Koszdin, Fields & Sherry as soon as possible. We have extensive experience handling complex workplace death claims, and our compassionate attorneys understand that this is a difficult time for you and your family. Our goal is to secure the closure and compensation you need, which can include:
If our attorneys determine that a third-party wrongful death lawsuit is necessary, we will also work to secure various types of non-economic compensation, including pain and suffering damages, loss of consortium damages, and more. When you need a Van Nuys fatal workplace injury attorney, you can reach out to us for a free consultation by clicking here or calling 800-747-3447.