Workers' Compensation: Wrongful Death Questions

The unexpected death of a loved one leaves relatives shocked and overwhelmed. It only makes it worse when the death is a result of employer negligence. Often relatives do not know where to turn because the weight of the loss is both emotional and financial. Seeking guidance in a wrongful death claim as soon as possible will help ease the burden. Some common questions about wrongful death on the job are listed below.

Is the death a result of employer negligence?

An experienced Workers’ Compensation attorney can help determine whether the death was a result of employer negligence or employee error. The benefits due to the legal survivors are weighed by whether there was a wrongful act or neglect on the part of the employer. If the victim had lived through the incident they would be eligible to file for damages. The legal survivor can act on their behalf to help recover the financial loss suffered by the dependent family.

Can funeral expenses be covered?

Funeral expenses are included in the package of benefits offered to survivors. Funeral arrangements are made immediately and most people choose to contact a funeral home for assistance. Wrongful death provides compensation for funeral expenses up to a certain amount in most states. North Carolina wrongful death claims have a compensation limit. Speaking with a Workers’ Compensation attorney right away can help defer excessive spending that the family may be ineligible to recover completely.

What is included in survivor benefits?

A sudden death can leave the survivors with a variety of new debts as well as limited means to pay current debt. Survivor benefits can include reasonable compensation for the unique expenses in a wrongful death claim. Examples of possible coverage are:

Expenses resulting from care, treatment and hospitalization due to the injury that resulted in death.
Reasonable compensation for funeral expenses guided by the state law
Limited compensation for loss of income provided by the victim
Compensation for pain and suffering of the legal survivors
How is a Wrongful Death claim started?

Gather the evidence about the events that lead to the death of a loved one in a workplace accident. This will help to support a claim for wrongful death. It is like filing a Workers’ Compensation claim in many respects but the survivors are acting on their behalf.



About the Author:
If you are in North Carolina and have questions and wish to file a wrongful death claim, please visit the website of the wrongful death attorneys at White & Stradley LLP.
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