Wrongful death legal protections after a fatal work accident

| Apr 26, 2021 | Wrongful Death |

Fatal workplace accidents can claim the life of a loved one and leave family members wondering what to do. It is important for surviving family members to be familiar with the different protections available to them based on the situation they find themselves in to help with their financial and emotional damages.

From 2015 to 2019, there were between 527 and 608 fatal workplace injuries. During 2016 there were 545; 534 during 2017; and 488 during 2018. Each fatal workplace accident represents a worker lost and a family left behind.

Employer does not have workers’ compensation insurance

If the employer does not have workers’ compensation insurance, the surviving family members can pursue a wrongful death claim for damages. This will allow them seek compensation for the financial and emotional harm suffered including loss of income, loss of companionship, mental anguish of the surviving loved ones, the pain and suffering of the victim prior to their death and punitive damages.

Employer has workers’ compensation insurance

If the employer does have workers’ compensation insurance, the surviving loved ones will need to pursue both workers’ compensation benefits for loss of their loved one and a claim for damages for the loss of their loved one.

Fatal workplace accidents can leave families devastated. It is important that in the wake of a fatal workplace accident, surviving loved ones are familiar with the different legal protections, depending on the unique circumstances of their situation, available to help them through such a difficult and challenging time.