What To Do If a Loved One Dies at Work

If you have lost somebody you care about to an on-the-job injury or illness, we know that there are so many things you need to accomplish right now. This is an unimaginably hard experience. At DiMarco | Araujo | Montevideo, we know you may not be thinking about legal assistance, but we encourage you to contact a wrongful death attorney as soon as possible. If your loved one lost their life at work, your family may be entitled to compensation to help with a multitude of expenses you are likely incurring already.

A Wrongful Death Attorney Can Begin the Process

Losing a loved one at work is a devastating experience, and navigating the legal complexities that follow can be overwhelming. A wrongful death attorney can help your family by filing a wrongful death claim. This type of claim is designed to seek compensation for the survivors of an individual who died due to the negligence or careless actions of an employer or co-worker. An attorney can help with:

• Investigating the incident. Your attorney will completely investigate the circumstances surrounding your loved one’s death. This includes gathering evidence, interviewing witnesses, and reviewing any relevant documentation.
• Filing the claim. Your wrongful death attorney will handle all the legal paperwork required to file a claim. This ensures that all deadlines are met and that the claim is filed correctly.
• Representing your family. An attorney will represent your family’s interests throughout the legal process, whether in negotiations or in court. This provides you with the legal expertise needed to navigate this complex process.
• Securing compensation. The goal of a wrongful death claim is to secure compensation for your family’s financial and emotional losses. This can include medical expenses, funeral costs, lost income, and pain and suffering.

Will You Be Able to Receive Compensation?

Compensation for the death of a loved one at work can come from several sources, including workers’ compensation benefits and wrongful death claims. Understanding what you may be entitled to can help alleviate some of the financial burden during this difficult time.

Workers’ Compensation Death Benefits

In California, workers’ compensation provides death benefits to the dependents of an employee who dies due to a work-related injury or illness. These benefits are designed to cover funeral costs and provide financial support to surviving family members and dependents.

• Dependents. Spouses, children, and other dependents may be eligible for death benefits. The amount of compensation depends on the number of dependents and their level of dependency on the deceased worker.
• Filing a claim. Surviving dependents must file a claim for death benefits within one year of the worker’s death. It is important to act quickly to ensure that the claim is filed within the required timeframe.

Wrongful Death Claims

In addition to workers’ compensation benefits, families may also be able to file a wrongful death claim against the employer or a third party responsible for the death. This type of claim seeks to provide compensation for losses that are not covered by workers’ compensation. Compensation in a wrongful death claim can include:

• Medical expenses. Any medical costs incurred before your loved one passed away.
• Funeral and burial costs. Expenses related to the funeral and burial.
• Lost income. Compensation for the income your loved one would have provided.
• Loss of companionship. Financial compensation for the emotional loss of a loved one.

Taking Action After a Workplace Death

We know that no amount of monetary compensation can replace the loss of a loved one, but seeking legal assistance can help ensure that your family’s financial needs are met during this challenging time. Here are the steps you should take:

1. Contact a wrongful death attorney. The sooner you contact an attorney, the sooner they can begin working on your case. This helps ensure that all necessary evidence is preserved and that your claim gets filed promptly.
2. Gather necessary documentation. Collect any relevant documents (keep everything), such as medical records, accident reports, and proof of income. This will help your attorney build a strong case.
3. Follow legal advice. Your wrongful death attorney can guide you through the legal process and advise you on the best course of action.
4. Take care of yourself and your family. Grieving the loss of a loved one is a difficult process. Make sure to seek support from friends, family, and professionals to help you navigate this challenging time.

A Wrongful Death Attorney Can Help Today

If you have any questions about your situation right now, you can reach one of our attorneys for a free consultation. We understand wrongful death claims, and we know how challenging this time is for you and your family. Let us help put your mind at ease about the process moving forward. We want you to obtain closure and the compensation needed to move forward. The work injury attorneys of DiMarco | Araujo | Montevideo are here for you today.