Workers Compensation Lawyer
Have you recently lost a loved one to an illness or injury related to their job? If so, it is advisable to speak with a workers compensation lawyer about your rights and options. Please do not waste any time. Talk with a workers compensation lawyer now.
Fatal Workplace Injuries
Accidents can happen anywhere and at anytime. No one is completely immune to them, but there are circumstances that are more likely to cause harm and death. These include:
- Vehicular accidents
- Slip and falls
- Electrocution
- Falling objects
- Becoming crushed by a falling or heavy object
- Exposure to chemicals or hazardous materials
Filing for Workers Compensation Following a Death
All states have their own workers compensation laws. In general, if you lost a loved one, and are an eligible dependent, you can recover workers compensation benefits. Typically non-economic damages like emotional distress will not be recoverable with workers compensation. These claims can be complicated and should be overseen by a workers compensation lawyer who will review the facts of your case to see what you may recover. Sometimes, you can file a separate third party lawsuit for a wrongful death. If this is true, you may recover economic and non-economic damages.
Who Can File For Workers Comp Death Benefits?
As a workers compensation lawyer might explain to you, any surviving family members who relied upon the income of the deceased may be able to apply for death benefits. These include:
- The spouse
- Legal Domestic partner
- Child Under 18
- A Child Between 18 and 25 (If they are enrolled in an eligible college or university)
- An Incapacitated Adult (being cared for by the deceased)
If you are a surviving dependent who was partially supported by the deceased, benefits might also be available. In other circumstances, persons who were not dependent on the deceased’s income, but were told they would be financially supported by them, at some point, might be able to receive the death benefits.
Determining who was dependent on the deceased’s income should not in anyway be assumed. This is because there are so many factors that must be considered beforehand. You can expect the insurance company to arguing against your efforts which is why you should have a workers compensation lawyer on your side. Examples of these factors may include:
- Whether the surviving spouse has a separate income
- The age of the surviving spouse and child
- Whether the surviving spouse was completely dependent on the deceased
The aforementioned is not exhaustive. Before pursuing a workers compensation death benefits claim on your own, please call a Brooklyn on the job injury lawyer to discuss your options.
Thank you to our friends and contributors at Polsky, Shouldice & Rosen, P.C. for their insight into workers compensation and wrongful death.