Wrongful Death Claims After a Workplace Accident

In the tragic event where a person loses their life due to a workplace incident, families are typically able to recover certain types of compensation through traditional workers’ compensation benefits.

However, these benefits are limited, and we strongly encourage any family members or estates of a deceased individual to reach out to a wrongful death attorney in San Bernardino as quickly as possible. These claims are challenging, and there are often many unknowns related to the incident that aren’t uncovered until a thorough investigation is completed.

Workers’ Compensation Death Benefits in California

California’s workers’ compensation system provides limited benefits for families who lose a loved one in a workplace accident. These benefits include:

• Death Benefits. The amount depends on factors like the deceased’s earnings and the number of dependents. Typically, eligible family members include spouses, children, and other dependents.
• Burial Expenses. California workers’ compensation allows up to $10,000 for burial or funeral expenses, helping to ease the financial burden on the family.

However, workers’ comp benefits do not cover all setbacks that could occur, such as pain and suffering, or the emotional and financial contributions the deceased provided. This is where a wrongful death claim can offer additional support, providing broader coverage beyond the limits of workers’ compensation.

When is a Wrongful Death Claim Possible?

A wrongful death claim in California may be filed if a workplace fatality resulted from someone else’s negligence or misconduct. Common causes of workplace wrongful death claims include:

• Construction Accidents. Accidents involving heavy machinery, falls, and other hazards often occur on construction sites.
• Industrial Accidents. Factories and warehouses can expose workers to hazardous conditions, leading to accidents that may be due to a lack of proper safety measures.
• Third-Party Negligence. If an outside party, such as a contractor or equipment manufacturer, contributed to the accident, a wrongful death claim against that third party may be appropriate.

Compensation in a Wrongful Death Claim

Unlike workers’ compensation benefits, a wrongful death claim offers a wider range of compensation, covering both economic and non-economic losses. Some damages available in a California wrongful death claim include:

1. Loss of Financial Support. Families can pursue compensation for the income and financial support the deceased would have provided, calculated based on their age, earnings, and expected future contributions.
2. Loss of Companionship and Care. Wrongful death claims also allow families to seek compensation for the emotional loss of a loved one, including the companionship, guidance, and support they provided.
3. Funeral and Burial Costs. While workers’ compensation provides some burial benefits, a wrongful death claim may cover additional expenses not included in workers’ comp.
4. Loss of Household Services. If the deceased contributed to household responsibilities, such as childcare or home maintenance, families can recover compensation for the value of those lost services.
5. Punitive Damages. In cases where the responsible party acted recklessly, California courts may award punitive damages as a way to punish the at-fault party and prevent similar actions in the future.

How a Wrongful Death Attorney Can Help

Navigating the legal process after a loved one’s death is complex, and having a compassionate, skilled attorney can make a significant difference. A wrongful death attorney will help with:

• Investigating the Incident. Attorneys gather evidence, review workplace safety records, and interview witnesses to build a strong case. They will work to uncover all contributing factors to the accident.
• Filing Claims on Time. California law has specific timelines, known as statutes of limitations, for filing wrongful death claims. An attorney will ensure your claim is filed within the required time to protect your right to compensation.
• Calculating Damages. Attorneys work with experts to calculate the full financial and emotional impact of the loss, ensuring that families pursue the maximum compensation.
• Handling Negotiations and Litigation. If needed, a wrongful death attorney will negotiate with insurance companies and other parties on your behalf, representing you in court if a fair settlement cannot be reached.

Call a Compassionate Wrongful Death Attorney at DiMarco | Araujo | Montevideo

If you have lost a loved one due to a workplace accident, please know that you do not have to face this alone. DiMarco | Araujo | Montevideo’s San Bernardino office is here to support you with compassion, skill, and dedication. Our team understands the complexities of wrongful death claims and will work tirelessly to help you pursue justice for your family.

Contact us today by filling out our contact form or calling us directly. We are here for you in this difficult time.