When a family member dies in a work-related accident, the actual loss is devastating. It can also cause extreme financial hardship for the family members who have been left behind. Even though Worker's Compensation and survivor benefits are available, the family may not be able to get the compensation they deserve on their own.
Family members are entitled to survivor benefits as long as factual dependency is proven. If a child does not live with the deceased parent, they will have to establish that they were dependent on the parent for financial support.
A person can file a Worker's Compensation claim on behalf of their spouse. Because Worker's Compensation is already in effect, you can't file a wrongful death lawsuit against your spouse's employer. While it's possible to try and claim pain and suffering, the burden of proof that states the employer knew an accident would result in death is practically impossible to prove.
Wrongful Death Lawsuits against the Third Party Driver
While Worker's Compensation will take care of the employer's portion of the debt to the family, the only person who can be sued with a wrongful death lawsuit is the other driver. In this case, the employer can place a lien against any amount you recover.
If a loved one has been killed or injured while on the job, call Gaylord & Nantais today! They will evaluate your case and work with you to make sure you get the compensation you deserve during this trying time.
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