When someone you love dies because of someone else's negligence it can feel senseless.
Not only do you have to deal with your loss. You're left with funeral expenses, lost income, and honestly no clue what to do next. That's where workers comp wrongful death claims come into play.
But here's the problem…
Not only are most families unaware of their legal options. They also don't understand the time limits they're working against.
As a result, families in this position often:
- Leave money on the table by representing themselves
- Wait too long and become ineligible to file a lawsuit
This guide will show you everything you need to know about wrongful death claims and how they overlap with workers' comp. Jump in…
Table of Contents
- What Is a Wrongful Death Claim?
- Workers Comp Wrongful Death -- How They Overlap
- Who Is At Fault in a Wrongful Death Lawsuit?
- How Much Can Families Recover?
- How To Protect Your Rights
What Is a Wrongful Death Claim?
Technically speaking, a wrongful death claim is a type of civil lawsuit.
It's filed by surviving family members after someone dies as a result of another person's carelessness, recklessness, or intentional misconduct.
Keep in mind… this isn't the same thing as a criminal case being filed. Instead, it allows certain family members to recover compensation (more on that below).
Understanding what a wrongful death lawsuit is not will help clarify things:
- It does not punish the person at fault
- It does not physically bring back your loved one
- Families can sue even if a criminal trial did not happen
Why does this matter?
The real value of a wrongful death claim comes from recovering financial compensation for the loss. Which is why it exists in the first place.
Workers' comp was never designed to fully replace a loved one's income. It simply isn't enough.
Workers comp and wrongful death do overlap somewhat. However, there are advantages to filing a lawsuit that you don't get with workers' comp benefits.
Learn more about wrongful death lawsuits in Alabama
Who Can File a Wrongful Death Claim?
The people who can file a claim depend on where you live.
That's because wrongful death statutes vary from state-to-state.
Every state has guidelines which dictate who can file, who qualifies as a dependant, and what kind of compensation they can seek.
For example:
|
Surviving Spouse |
Children |
|---|---|
|
Lost income of the deceased |
Loss of parental relationship |
|
Pain and suffering |
Loss of guidance and education |
|
Loss of companionship |
Lost inheritance potential |
Most states also include parents, adoptive parents, and sometimes siblings. In rare cases, the deceased person can also file a suit via a legal representative if they were injured and survived for some period of time before succumbing to their injury.
Talk to a personal injury lawyer to learn more about who can file in your state.
Workers Comp Wrongful Death -- How They Overlap
Many people don't realize wrongful death claims and workers' comp can overlap.
When a person dies on the job due to work-related activities, two different channels for recovery open up:
- Workers compensation death benefits
- Wrongful death lawsuit
With that in mind... let's dig into how these two options compare.
Workers comp death benefits
Includes funeral expenses, a portion of lost wages, and medical costs.
The tradeoff is that by filing a workers' comp claim -- and accepting death benefits -- you give up the right to sue your employer.
Why?
Workers comp is considered a no-fault insurance program. That means your family is limited to the death benefits package regardless of who was at-fault for the death.
Wrongful death lawsuits
Filed against either a third party or employer (in some cases) to recover compensation.
Nearly every state allows for a third party to be sued if they contributed to the death in some way. That could be a vehicle accident, defective equipment, or hazardous work environment.
As you can see, these two options aren't mutually exclusive. Families can pursue a wrongful death suit in Arkansas -- and in most states -- against a responsible third party, even while receiving workers' comp benefits.
Who Is At Fault in a Wrongful Death Lawsuit?
If a loved one died in a workplace accident, it may be possible to hold their employer liable. However, that's rarely the only at-fault party.
Other causes of fatal workplace injuries can include:
- Unsafe conditions caused by a third-party contractor
- Defective products manufactured by a separate company
- Subcontractors who didn't follow proper protocol
- Drivers who weren't following traffic laws at the time of the accident
Something else to consider…
While employers can technically be sued in the state court system, it doesn't often happen.
Thanks to workers' comp being a no-fault system, employers have immunity from wrongful death claims (with some exceptions).
Gross negligence is the one thing that could result in an employer being liable for civil damages.
In legal terms, gross negligence means an employer knowingly put their employees at risk of harm. Employers who discourage workers from wearing safety equipment or otherwise ignore industry standards could be found guilty.
Were you recently affected by a workplace fatality?
Lawyers can offer free case reviews to help you better understand your options.
How Much Compensation Can Families Recover?
Again, this depends on where you file your claim. But wrongful death lawsuits were designed to alleviate the financial strain a decedent's death causes.
Here are some of the compensable damages in a wrongful death lawsuit:
- Lost wages the deceased would have earned
- Lost earning capacity
- Medical expenses incurred before death
- Funeral costs
- Pain and suffering of the deceased
- Loss of guidance, consortium, or companionship
- Mental anguish suffered by family members
Compensation varies widely based on jurisdiction, at-fault parties, and whether or not workers' comp overlaps with your claim.
Seek legal advice from a personal injury lawyer to learn more about damages in your state.
How To Protect Your Rights
Here's what you should do after a workplace fatality:
File a Workers Comp Claim
Just because you plan on filing a wrongful death claim doesn't mean you should skip this step.
Workers comp will pay out death benefits to surviving family members quickly. If you wait to file a claim, you could be giving up benefits by default.
Record and Preserve Everything
Photos of the accident site, witness statements, incident reports, medical records… you name it.
Massively important...
Insurance companies are well equipped to limit the amount of money they pay on a claim. This means anything not explicitly provided during the claims process is fair game for them to deny payment.
Hire a Lawyer
Trying to file a wrongful death claim and workers comp claim without legal help is unreasonable.
This point deserves emphasis.
Having someone who knows the law -- and will fight for maximum compensation -- makes all the difference. Otherwise, the process becomes an uphill battle.
Bottom Line...
Wrongful death claims and workers' compensation benefits were designed to work in tandem. While every situation is unique, most families benefit from filing both claims as soon as possible.
Wrapping Things Up…
Dealing with a wrongful death is hard enough, but understanding the legal options doesn't have to be.
Here's the takeaway:
- Workers comp was never meant to fully replace a person's income.
- Filing a wrongful death suit could entitle you to significant cash compensation.
- Wrongful death lawsuits allow you to sue third parties.
- Each state has different laws regarding who can file, who can recover damages, and how much.
Families who take action quickly and preserve all available evidence tend to recover the most compensation.
Don't wait.
