Charleston, SC – Although it is very rare, it is possible that a worker can sustain a fatal injury while on the job. These types of incidents are most common when workers deal with hazardous materials, heavy machinery, driving large vehicles, and other high risk occupations.
The victim’s family may suddenly have to deal with many problems related to financing a funeral and burial, along with the loss of the person’s income, their final medical treatment, and other services that will no longer be provided to the family. These surviving family members have the option of bringing a civil lawsuit and trying to utilize the workers compensation system to receive various benefits and payments.
Wrongful death lawsuits
The remedy that is available to the victim’s family through the civil courts after a fatal accident is a wrongful death case. This type of lawsuit alleges that the defendant was responsible for a negligent act or mistake that resulted in the fatal injuries. The lawsuit also says that the defendant entity is responsible for the financial losses associated with these injuries.
Is workers compensation available after fatal accidents?
Although a civil lawsuit is the main remedy available after a fatal injury, there are ways to utilize the workers compensation system. Workers compensation is essentially a way of paying a worker for their time away from work because of a job related injury. However, this process can be used after some workplace accidents that result in fatalities as well, due to the fact that workers compensation insurance retained by the employer often has some kind of specific death related benefits available. This may include payments at regular intervals of months or weeks, as well as payments for funeral and burial of the victim. The benefits may be paid out to a surviving spouse or minor and dependent children.
The specific damages available
This can be highly variable based on the specifics surrounding each case. Generally speaking, workers with high incomes and earning potential will have more valuable cases, as their future wages and lost income add up to greater amounts. The costs associated with the injury can also vary greatly depending on the specific medical treatment administered and what kinds of bills were left to the family. Advice from a local law firm is necessary to get specific information about the value of any lawsuit and related issues.
Talking to a local lawyer about work accidents
There are attorneys in the Charleston area who focus on personal injury law, wrongful death cases, workers compensation, and related matters. The Clekis Law Firm is an experienced group of attorneys who work on all of these issues for local clients.
Firm contact info:
171 Church St., Charleston SC, 29401