Losing your loved one is one of the most difficult and heartbreaking things an individual can endure, and when that loss happens because of someone else’s negligence, the deceased’s family feels unfair and enraged. Many grieving families go on to file wrongful death lawsuits. Still, wrongful death claims for workplace death are often not registered, so they choose the best alternative instead, a workers’ compensation claim.
You can still speak to a wrongful death attorney in Wisconsin to learn how you can file a claim against the deceased’s employer and receive compensation to cover up the loss and suffering. This article will discuss when a workplace death case can be filed under a wrongful death lawsuit.
Workers’ compensation and workplace deaths
A grieving family can receive death benefits through workers’ compensation claims of up to $500,000. However, they cannot receive the deceased’s entire amount of salary. The program will only pay two-thirds of the dead’s actual salary. Workers’ compensation programs either pay monetary benefits all at once or little by little for 25 years, whichever has a greater amount. In addition, the family also receives payment for the deceased’s medical bills and $8,000 for funeral and burial costs.
Who is eligible to receive workers’ compensation death benefits?
The immediate receivers of workers’ compensation benefits are the deceased’s spouse and minor children, if any. If the victim was unmarried and had no children, the benefits go to their parents. If the parents are absent for any reason, the benefits go to anyone who can prove they were at least 50% financially dependent on the victim. Now, these people may include step-children, siblings, or other relatives.
When you might be able to file a wrongful workplace death lawsuit
According to most states’ workplace injury and death rules, you cannot sue the employer for a wrongful death lawsuit. However, you may file a claim against a third party. To elaborate, if the victim died due to a malfunctioning product, the deceased’s family can take action against the company or firm that made the product as they are the third party here. You can give reasons like they were negligent in making the design or marketed it the wrong way, which led to the victim’s death.
But if you can prove the employer harmed the victim on purpose, intentionally did not carry workers’ comp, or was aware of the fatal conditions of the workplace and still failed to take action, then you can sue them for the wrongful death of a worker. The degree of the employer’s action has to be horrifying enough to sue them under a wrongful death lawsuit because otherwise, the victim’s family will only be allowed workers’ comp benefits.
