Wrongful Death Claims vs 3rd Party Wrongful Death Claims
Workplace injuries happen more often than we’d like. Sometimes the damage is nothing more than a few scrapes that are easy to walk away from. In other instances though, injuries can be extremely serious or even fatal. When a family loses a loved one due to wrongful death in the workplace their lives can be turned upside down. This is especially true if the person who died was the breadwinner of the family. It’s bad enough losing someone and having to go through emotional turmoil, but adding on to the fact that your finances will never be the same can put some serious devastation on a family.
Financial recovery cannot replace the loss of a loved one, but it can at least keep your family from losing your home and pay for any other expenses. Each state has different laws and regulations. Some states will allow you, as a family, to collect X amount of weeks for benefits and an additional amount for final expenses.
When Should You File A Third Party Claim?
Beyond just filing a claim against the business or person your loved one worked for and/or where the injury or death occurred, you may also be able to file a third-party wrongful death lawsuit against someone other than the employer. A wrongful death suit will involve a civil recovery, which may allow compensation in addition to the worker’s compensation benefits.
If your loved one was killed in a workplace accident and it was caused by someone other than the employer, you will need to go through two different processes for recovery. This complexity involves a lot of red tape and bureaucracy, which is why it’s important to hire a lawyer when you have a workers compensation of wrongful death case.
A lawyer can also help navigate and negotiate the settlement in question and bring solace to the family.
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