In some unfortunate situations, a person dies while they’re on the job. These incidents can have serious consequences for the victim’s family members, financially and emotionally, and may even lead the bereaved family to consider filing a wrongful death claim.
A wrongful death claim is a civil lawsuit that is filed by the surviving family members or loved ones of someone who has died. In this case, the person who died was an employee who was killed while carrying out their duties for their employer.
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What is a wrongful death claim?
A wrongful death claim is a lawsuit that survivors can file after the untimely death of someone due to another person’s negligence or wrongful actions. In the case of workplace deaths, a wrongful death claim seeks compensation for the loss of the victim’s life and the damages that their loved ones have suffered as a result.
Wrongful death claims can cover various expenses, including:
- Medical bills
- Funeral expenses
- Loss of future income
- Loss of retirement benefits
- Loss of health insurance
- Loss of companionship or moral support
Who can file a wrongful death claim?
Family members or loved ones of the deceased worker can file for wrongful death claims. Typically, the claim is filed by the spouse or domestic partner of the deceased worker. If the deceased worker did not have a spouse or domestic partner, other family members can also file a wrongful death claim.
When to file a wrongful death claim
There is no time limit that applies to wrongful death claims, as states have different statutes of limitations ranging from 1-3 years. Therefore, you should consult a wrongful death attorney as soon as possible after the untimely death, to determine when your deadline is and to give them enough time to investigate and build a strong case.
Who can be held responsible?
The party held responsible for the death of the worker depends on the situation that led to the employee’s death. Another employee on the worksite could be held liable, the employer, or even a third party depending on the circumstances. For instance, a truck driver who crashes into an employee while on the road could be held accountable.
Sometimes, accidents like these occur due to the employer’s negligence or negligence on the part of their employees. In such cases, a wrongful death claim can focus on the employer and their insurance company for violating workplace safety rules and regulations.
How to file a wrongful death claim
To begin a wrongful death claim, you will need to hire an experienced wrongful death attorney. You will also need to collect evidence to support your case.
Some examples of evidence that will support your wrongful death claim include:
- Medical bills and records
- Police or accident reports
- Company records and documents
- Safety violation reports
- Eye-witness statements
Your attorney will also investigate the case, conduct interviews with anyone who was present during the time of the incident, and use any medical records that were available to prove that the employee was killed on that day.
Conclusion
Wrongful death cases in the workplace are tragic and life-altering. Injuries suffered on the job can have grave consequences, and death is one of the most significant. If you have lost a loved one due to the negligence of another in the workplace, consider a wrongful death claim. Seek professional assistance and gather as much evidence as possible to support the lawsuit. With this, you can hold those responsible accountable and receive some compensation for your loss.