Wrongful Death Claims-When Employees Can Sue Employers

Updated on October 14, 2020
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Businesses are always at risk of workplace accidents. They can spell into massive losses in terms of workers’ compensation payments, lost productivity, and low employee morale. In the worst cases, accidents can be fatal enough to cause the death of the workers. As a victim’s family member, the event can be traumatic because you lose a loved one, as well as their income, forever. Additionally, you would want the employer to be punished if the accident happened due to their negligence. Rightfully, you deserve more than workers’ compensation benefits. You would want to know whether you have a valid wrongful death claim and how you can recover compensation for the loss of a loved one. 

Understanding wrongful death claims 

A wrongful death claim can be filed by the family of a victim who dies in a mishap that happened due to the negligence of another person. When it comes to death in a workplace accident, things can get complicated because workers’ compensation comes into play. Generally, employees cannot sue employers for injuries at the workplace since they come under the coverage of workers’ compensation insurance. Conversely, the survivors of the employee may have a valid wrongful death lawsuit if someone succumbs to an accident on the job. The surviving members, however, have to prove that their loved one died due to someone else’s negligence, and their family suffered harm in terms of loss of income.

Fatal workplace accidents and lawsuits

For a victim’s survivor, proving a valid wrongful death claim can get tough because the employer would make all the efforts to prove otherwise. However, some fatal work-related mishaps are easier to validate. These include machinery mishaps, falls, heavy equipment accidents, electrocutions, and vehicle crashes. A seasoned Mississippi wrongful death attorney can also help you get compensation even if death occurs within days, weeks, months, or even years after the accident. It can happen in case of fatal injuries such as stroke, infection, organ failure, and aneurysm. You can also file a lawsuit if the family member dies due to occupational diseases such as toxic exposures leading to cancer, lung failure, or heart failure. 

Workers’ compensation benefits and wrongful death claims 

Although the dependents of the deceased employee are entitled to workers’ compensation death benefits, they wouldn’t be enough to cover the wages of the victim. Moreover, they would not cover your financial needs for a lifetime if the family was dependant on the victim’s income. It makes sense to explore the option of a wrongful death lawsuit because it will increase the compensation value to a significant extent. The best thing to do is to consult a specialist who deals in such lawsuits because they will gather the right kind of evidence and have hard-hitting arguments to fight out the employer and their insurance company.

Losing a loved one in an accident can be the worst thing that can happen, more so if it was avoidable and happened due to someone else’s negligence. As a loved one of the victims, you should go the extra mile to ensure adequate compensation and justice for your family. 

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The Editorial Team at Healthcare Business Today is made up of skilled healthcare writers and experts, led by our managing editor, Daniel Casciato, who has over 25 years of experience in healthcare writing. Since 1998, we have produced compelling and informative content for numerous publications, establishing ourselves as a trusted resource for health and wellness information. We offer readers access to fresh health, medicine, science, and technology developments and the latest in patient news, emphasizing how these developments affect our lives.