Legal Options After a Loved One Dies in a Work Accident

If you’ve lost a family member due to a workplace accident, or if you represent the estate of an individual in this circumstance, it’s time to reach out to an attorney with experience handling workplace wrongful death claims in Riverside. Options available through workers’ compensation are limited, and even recovering those benefits can be challenging for family members.

Workers’ Compensation Death Benefits in California

Under California law, workers’ compensation benefits provide financial support for families who have lost someone they care about due to a work-related injury or illness. These benefits include:

• Death Benefits. California law provides a set amount to dependents of deceased workers, calculated based on the worker’s income and the number of dependents. The benefit is intended to help cover the financial loss suffered by the family.
• Burial Expenses. Workers’ compensation will cover funeral and burial expenses up to a limit set by state law, which is currently capped at $10,000.

While these benefits can help alleviate immediate financial burdens, workers’ compensation in California does not cover non-economic damages, such as the emotional pain experienced by the family. For those seeking additional compensation, a wrongful death claim may be appropriate.

What is a Wrongful Death Lawsuit in Riverside?

A wrongful death claim allows surviving family members or representatives of the deceased’s estate to seek compensation beyond what workers’ compensation provides. In California, wrongful death claims can cover both economic and non-economic losses, providing more comprehensive support for grieving families.

In cases where a workplace accident resulted from negligence or misconduct by a third party or the employer, families may be able to pursue a wrongful death claim alongside workers’ compensation.

When Can a Wrongful Death Claim Be Filed?

Wrongful death claims are appropriate in cases where someone’s negligence or wrongful act directly contributed to a fatal workplace accident. Some common scenarios include:

• Defective Equipment. If the fatal accident resulted from equipment malfunctions due to a manufacturing defect, the equipment manufacturer could be held liable under California product liability law.
• Third-Party Negligence. In some cases, a third party, such as a contractor or subcontractor, may be responsible for the accident. For example, if a construction accident was caused by the negligence of a subcontractor, a wrongful death claim may be filed against that entity.
• Employer Misconduct or Gross Negligence. Although workers’ compensation generally shields employers from lawsuits, if an employer’s intentional or grossly negligent actions led to the fatal accident, the family may be able to pursue a wrongful death claim.

Compensation in a Wrongful Death Claim

Unlike workers’ compensation, which has limitations on the type of damages available, a wrongful death claim can provide broader compensation to address both financial and emotional losses. Some of the damages families may recover in a California wrongful death claim include:

1. Loss of Financial Support. This covers the income and benefits the deceased would have contributed to their family had they lived.
2. Loss of Companionship and Guidance. Family members may be compensated for the loss of companionship, affection, and guidance the deceased provided.
3. Medical and Burial Expenses. While workers’ compensation provides some support for burial costs, a wrongful death claim may help cover additional expenses.
4. Punitive Damages. In cases of extreme negligence or willful misconduct, the court may award punitive damages as a way to hold the responsible party accountable and deter similar actions in the future.

Contact DiMarco | Araujo | Montevideo Today for Compassionate Legal Guidance

Losing a loved one in a workplace accident is heartbreaking, and families should not have to face the legal system alone. At DiMarco | Araujo | Montevideo in Riverside, our dedicated attorneys are here to support you with compassion and experience. We are committed to helping you pursue justice for your loved one and the compensation you need to begin healing.

Please reach out for a free consultation to discuss your case and learn about your legal options.