Fatal Work Accident: Are Surviving Family Members Entitled To Compensation?

Some jobs are more dangerous than others. In lines of work that are particularly risky, sometimes people die. When they do, people’s families naturally wonder whether or not they are entitled to compensation.

One of the main determining factors in whether or not a person’s family gets a financial settlement in the wake of their loved one’s death is how the person died. If they died while working because of an employer’s negligence, then yes, compensation is owed to them.

This post will explore this topic in more detail, in addition to explaining how you can go about getting compensation if your loved one died at work.

Cause of Death

The circumstances around your loved one’s death will be the main thing attorneys consider when you are making a claim for compensation. According to a team of New York City fatal workplace accident lawyers, if they died as a result of an accident then you are indeed entitled to compensation or workers’ compensation death benefits. However, it is important to distinguish between an accident due to negligence and just an accident. If your loved one died because their employer did not train them properly or exposed them to faulty machinery, then you could get a substantial financial settlement. If on the other hand, your loved one died and it was nobody’s fault, then all you will be eligible for is the workers’ compensation death benefits. Either way, an attorney will be able to help you.

Weekly Payments

If you do qualify for workers’ compensation death benefits, then you could be entitled to weekly payments. If you were the deceased’s spouse then you could be entitled to weekly payments until you remarry. If you were their child, then you can receive weekly payments up until you turn 18 or 23 if you are a full-time student. It is also worth noting that if you are the deceased’s parent and they had no dependents, then you can receive a payment of up to $50,000. If your loved one died due to negligence, however, then you could be entitled to a lot more.

Claiming Compensation

Acquiring Evidence

The compensation claim process is relatively straightforward. It’s not something that you need to worry much about. The first step in claiming compensation is contacting an attorney. Then, you will need to provide your attorney with evidence of your loved one’s death. If they died due to negligence, then provide them with information about this, too. Once your attorney has all of the relevant information, then they will go ahead and make a claim on your behalf, either with the deceased’s former employer’s insurance company or through the courts.

Finding Attorney

Before you can hire an attorney, however, you need to find one. Make sure that you put a lot of effort into finding an attorney. The one that you hire needs to be experienced and qualified. Also, they should have good reviews online. A lawyer that doesn’t have good reviews can’t be trusted, especially with something as serious as a compensatory payment for your loved one’s death. The best way to determine a lawyer’s suitability is to read their reviews, research their credentials and education, and find out how many cases they have won over the years.

Having Patience

Throughout the compensation process, you need to have patience. It’s not something that happens overnight. In fact, it can take months or even years. If you have any questions about anything then contact your attorney. However, remember that your attorney will probably also have a number of other cases that they are dealing with. If you pester and nag them, then you could distract them from these. Your lawyer will contact you when they need to. Unless you have an important question, leave them be. Any updates or important pieces of information will find their way to you, you can rest assured.

Recovering Mentally

After the death of a loved one, you shouldn’t make an immediate claim. There is a statute of limitations of around two years on compensation claims in most states. That said, find out what the statute of limitations is in your state so that you don’t miss it. You can then take some time to recover mentally. When you feel fitter and stronger, you can go ahead and make your claim. The compensation process will mean that you have to recount your loved one’s death in detail and relive all of the horrible details, which is why you should wait until you have recovered mentally.

After a loved one’s death, the last thing that you are probably thinking about is compensation. However, you may be entitled to it. If you are, then you need to claim it before the statute of limitations runs out. You can do that by contacting an attorney as soon as you feel strong enough to.