Losing a loved one to a workplace accident can bring unimaginable heartbreak. In the midst of this grief, you might feel uncertain about what happens next or how to navigate the road ahead. While no legal action can ever replace what you’ve lost, pursuing certain options can help ease financial strains and hold the responsible party accountable. It may also bring some sense of justice and clarity during this difficult time. Reach out to a wrongful death attorney in Los Angeles for help.
Understand Your Rights
When you lose someone to a workplace accident, it can be difficult to figure out where to turn for help. The way our legal system handles these tragedies can feel overwhelming, especially when you’re also dealing with grieving. Knowing the protections and benefits you may be entitled to can help you feel less alone during this process. Below are two primary avenues family members often explore after such a loss.
Workers’ Compensation Death Benefits
In Los Angeles, all businesses must carry workers’ compensation insurance as a way to offer financial support to injured workers as well as families after a loved one has a fatal on-the-job accident.
Every employer except the state shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state.
Benefits include help with funeral costs, partial wage replacement, and other immediate expenses. Workers’ comp operates on a “no-fault” basis, meaning you don’t have to prove the employer’s wrongdoing to receive these payments. However, benefits can have limitations and may not fully address all of the emotional and financial hardships you face.
Wrongful Death Claims
If you believe a third party was responsible for your loved one’s passing, filing a wrongful death lawsuit could be another option. This legal action usually requires evidence that the party at fault neglected safety standards or engaged in negligent behavior that led to the accident. If successful, this type of claim might provide compensation for things like lost earnings, medical expenses, loss of companionship, and other emotional pain.
Because every situation differs, speaking with a knowledgeable attorney from Grey Law is the best way to understand if you have grounds for a wrongful death claim.
Proving a Wrongful Death Lawsuit
When a loved one suffers a fatal accident at work, you may consider filing a wrongful death claim to seek justice and financial relief. Below is an overview of what you need to demonstrate in order to prove a wrongful death lawsuit.
Duty of Care
You need to start by showing that the defendant had a legal responsibility to keep your loved one safe. This duty could stem from workplace regulations, commonly accepted safety standards, or employment contracts.
Breach of Duty
Next, you’d need to prove that the employer or a third party ignored or failed to meet these obligations. This can include things like a lack of proper training, failing to fix dangerous equipment, or disregarding industry safety rules.
Causation
Once you establish a breach, you must connect it to the accident that caused your family member’s death. Evidence can range from expert testimony to witness statements showing that the person’s or company’s actions (or inaction) led directly to the fatal incident.
Damages
Finally, you need to show that this loss brought real harm. This may include funeral costs, lost wages, and emotional suffering for surviving loved ones.
You should always reach out to a workplace accident lawyer in Los Angeles for help if you decide to file a wrongful death lawsuit or seek benefits through workers’ compensation. Contact us today to schedule a free consultation.