Differences Between Workers Compensation and Wrongful Death

In 2021, there were over 2 million workplace injuries in the United States, according to the Bureau of Labor Statistics. In many cases, the injuries were minor and about 56% of those injured returned to work within a 60-day period. In other cases, the injuries were categorized as serious or fatal. Often, an attorney must step in to protect the injured worker’s right to compensation, or help the family navigate a wrongful death situation.

There are different types of worker’s compensation claims but they all require filing the claim, meeting deadlines, and often will require a hearing to ensure that the worker’s rights are protected. Employers are often eager and push for closing a workers comp case as quickly as possible, even if it means the employee will lose benefits and access to health care.

Going to your employer’s website address does not guarantee that you will find information about how to file a claim or even be able to locate the employer’s workers comp claims address. In other words, employers typically, do not make it easy for workers or their loved ones to manage a claim.

The workplace should be a safe and welcoming environment, no matter what industry it’s in. Sadly, workplace injuries and fatalities occur far too often across the American workforce.

Workplace fatalities have been steadily increasing over the last few years, rising 7% from 2015 to 2016. In fact, there were roughly 2.9 million nonfatal workplace illnesses and injuries across all industries in 2016.

If you have been involved in a serious on-the-job injury or one of your loved ones was killed at work, you need to contact a skilled attorney right away. These situations can be both physically and emotionally traumatizing, which is why it’s virtually impossible to navigate all the necessary legal proceedings and logistical aspects involved with workplace injury and fatalities.

If you were the one who suffered a major injury, a workers compensation attorney can help you and your family get your finances in order, deal with any legalities, and get back on your feet as soon as possible. After a workplace injury, you’re entitled to medical treatments, payments for missing work during your recovery period, compensation payments for any permanent disabilities you incurred as a result of the injury, and updated job retraining if you’re unable to return to your old job.

When a workplace fatality has occurred, workers compensation benefits aren’t always enough to help you and your family get past the loss of life you are dealing with. You and the other surviving members of your family can file a wrongful death suit if a loved one lost their life on the job, which can deliver your family the punitive damages you all deserve.

In order to succeed in a wrongful death lawsuit, the surviving family members of the deceased individual must prove:

    • The death of the individual.

 

    • The cause of the death was a result of a company’s negligence.

 

    • The death caused surviving family members monetary damages.