Workers Comp Wrongful Death
What happens when a worker dies at his work place? What happens when an injured worker is so distraught that they commit suicide? This is the most tragic type of work comp injury and losing a loved one in a workplace accident can cause you and your family severe financial strain and mental anguish. Filing a workers compensation against your loved ones employer is probably the furthest thing from your mind after such a travesty. However, it behooves you to retain experienced legal counsel as you will face many issues as a result of your loved ones death.
California Workers Compensation Statute Of Limitations
A statute of limitations is a legal term that describes how much time can pass before you can no longer take legal action against the liable party, or parties. According to California workers comp law, the statute of limitations for a death claim is 240 weeks from the work injury. This is approximately 4.6 years from the date of injury. This limitations period can be different for certain types of injuries including cancers and other work related illnesses.
Also, the statute of limitations for workers comp death claims is for the benefits of workers comp dependents. Sometimes, the dependent will not know to bring a workers comp death claim for a workers comp injury until many years after the initial work injury. In this scenario, work comp death claim might still proceed. Each Orange County workers compensation claim, whether it resulted in a fatality or not, is unique. However, the fact that you have rights that need to be protected is true for all work injury claims. Contact an experienced Orange County lawyer handling workers comp wrongful death claims to discuss whether or not you qualify for benefits.
Establishing Liability In California Fatal Work Accident Claims
For all workers comp wrongful death claims, you need to prove the work injury caused the death (or the death is a direct result of the workers comp injury). It is not your responsibility to attempt to determine liability in a fatal work accident case. That responsibility will fall on your workers compensation attorney. They will do everything necessary to find any and all liable parties and make them accountable for your loss and any benefits or forms if monetary compensation you deserve. Liable parties in a fatal workers comp accident can be:
1. Your loved ones employer
2. Equipment manufacturers
3. Third parties such as contractors and vendors
The type of accident, how and where it occurred and the events leading up to it will determine who is liable.
Types Of Fatal Work Related Accidents
Fatal work related car accidents: Families of fatal work related auto accident victims deserve compassionate, understanding and skilled legal representation. Orange County Wrongful Death Lawyer Shaun Cunningham possesses all of these attributes and more. Mr. Cunningham is well aware of any and all possible liable parties since many times in fatal work related car crashes there are multiple liable parties. He will fight to get you the compensation you deserve. While this will in no way help you fully heal emotionally it may offer you piece of mind that you will not face financial strain on top of all other issues arising from the accidental death of your loved one.
Fatal trucking accidents: When you think of fatal trucking accidents many people do not initially consider the driver of the truck as being the victim as they normally think of driver and passengers in the vehicle that was hit as being the victims. This is not always true as many times truckers can be killed in large commercial vehicle accidents. These types of accidents can involve colliding with another tractor trailer, train track accidents, jack-knife accidents, inclement weather accidents and trucking accidents caused by driver fatigue.
Falls: Ladders, scaffolds and elevated walkways, particularly at construction sites, are common work arenas where someone can fall from a very high place. Falls such as these many times end in death due to the length of the fall.
Machine accidents: Heavy equipment such as cranes and other types of machinery can sometimes cause death in the workplace.
Heart attacks: During times of great stress such as a robbery, fire or natural disaster one can duffer a heart attack and die in the workplace. This does not necessarily only happen to older workers. If you lost a loved one due to a workplace heart attack you may be entitled to benefits and financial compensation according to California workers compensation law.
Suicide: If your loved one had a work induced, or work related mental disorder such as Post Traumatic Stress Disorder, depression of became addicted to painkillers due to a work related injury, and they committed suicide you may be entitled to financial compensation and other workers compensation benefits.
Dependency And Benefits In California Workers Comp Wrongful Death Claims
When seeking legal recourse for the loss of a loved one your attorney will need to prove dependency. In most cases only the children, dependents and immediate family of the deceased worker can receive benefits and financial compensation. In some instances a non-blood relative may obtain dependency benefits if the deceased was their legal guardian.
There are two types of benefits in Orange County workers comp wrongful death claims. One is accrued workers comp benefits. The other is dependency benefits, or money for those the injured worker provided for. Also, you might be entitled to a workers comp burial and funeral expenses. An experienced Irvine California Workers Compensation Lawyer will help you through this trying time and ensure that you get any and all benefits you are entitled to.
Contact A Workers Comp Attorney
To discuss your case and learn more about benefits you may be entitled to for the loss of your loved one contact Aliso Viejo California Workers Compensation Lawyer Shaun Cunningham today.
Calling Mr. Cunningham will cost you nothing as he offers free consultations. In addition, Mr. Cunningham handles workers compensation claims on a contingency fee basis meaning he charges no fee unless he recovers for you.