If a loved one has lost their life as a result of a workplace accident in Palmdale, California, you are likely struggling with both emotional and financial woes. Although nothing can bring your loved one back, you can pursue compensation for various losses associated with their accident.
A Palmdale fatal workplace accident attorney at Koszdin, Fields & Sherry can help you pursue what you may be owed. Review your case with our team to discuss your legal options.
The potential causes of a fatal workplace accident in Palmdale will vary depending on the type of job an individual has. Common causes of fatal workplace accidents include (but are not limited to) the following:
Regardless of the accident’s cause, California’s workers’ compensation laws do not require the loved ones of workers who lose their lives as a result of on-the-job accidents to prove that an accident resulted from negligence in order to recover workers’ compensation benefits. You are eligible to recover workers’ compensation benefits as long as you can demonstrate that your loved one’s accident was genuinely work-related.
A Palmdale fatal workplace accidents lawyer can help you do so if the insurance company tries to deny your claim by arguing that your loved one was not operating as an employee when their accident occurred. However, it’s important to understand that there are limitations to what workers’ compensation will cover.
Generally, workers’ compensation benefits will only compensate you for economic losses. These may include reasonable funeral and burial expenses. If your loved one was a financial provider for your family and you were their spouse or a dependent, workers’ compensation benefits may also compensate you for loss of their income.
Unfortunately, workers’ compensation benefits won’t provide compensation for such non-economic losses as pain and suffering or loss of consortium.
This is not to say recovering compensation for such losses is impossible. A Palmdale fatal workplace injuries attorney can potentially help you recover more than you would receive from workers’ compensation alone.
It’s possible your loved one’s accident was a random occurrence that no one is at-fault for. However, it’s also possible their accident was the result of negligence on the part of their employer. Perhaps, for instance, they lost their life because their employer failed to provide them with necessary safety equipment.
Another party may also be to blame for your loved one’s passing. For example, even if your loved one’s employer provided them with safety equipment, they may have still lost their life if that safety equipment was defective.
If you accept workers’ compensation benefits, you cannot file a separate claim against your loved one’s employer. This may prevent you from recovering the full amount of compensation for which you may be eligible.
That doesn’t need to happen. The experts at our Palmdale fatal workplace accident law firm are prepared to conduct a thorough investigation into your loved one’s accident. Before you accept workers’ compensation benefits, we will determine if it may be wiser to consider other options.
Whether you file a claim to recover workers’ compensation benefits or seek compensation by filing a claim against an employer or a third party, securing compensation will require negotiating with an insurance company. We will negotiate aggressively on your behalf, allowing you to focus on the needs of yourself and your loved ones during this challenging time. Learn more about how Koszdin, Fields & Sherry can help by contacting us online or calling us at 800-747-3447 to schedule a free consultation.