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When a Loved One Dies in a Workplace Accident

How a Tysons, VA workers compensation lawyer can help

Tysons VA workers compensation lawyerAn experienced Tysons, VA workers compensation lawyer knows that if you lost a loved one in a tragic accident at work, you may be overwhelmed with grief, confusion, and other emotions. You also may be inundated with a long list of difficult tasks and responsibilities such as making funeral arrangements. Unfortunately, you’re probably also facing a mounting pile of bills related to the accident, and the income you used to rely on from your loved one is no longer available. Most workers compensation lawyers are all too familiar with this heartbreaking scenario. Fortunately, you may recourse for what you’re going through and you might be eligible for compensation that can toward your loved one’s medical bills and related costs. Call a Tysons, VA workers compensation lawyer to find out more about your legal options.

Workers Compensation Benefits

In circumstances where a worker suffers a serious but non-fatal injury while on the job, they usually qualify for workers compensation benefits. If your loved one passed away during such an accident, or succumbed to their injuries from the accident, you may or may not qualify to file for workers compensation benefits on their behalf. In any event, those benefits will probably be insufficient to pay for all of your damages. However, if you agree to accept workers compensation benefits in this scenario, you will not be lawfully able to pursue a wrongful death claim against the employer to recover the remainder of your damages, as a Tysons, VA workers compensation lawyer will attest.

Wrongful Death Claim

When someone passes away in a workplace accident, the victim’s family is usually left with a long list of costs related to the injury, and without the victim’s steady paychecks to help pay the bills. In these instances, it is often better for them to pursue a wrongful death claim rather than workers compensation benefits. When considering your options, you may be best served by turning to an experienced workers compensation lawyer from a trusted law firm near you who can review your case and provide you with guidance that can help you make an informed decision.

If a Tysons, VA workers compensation lawyer pursues a wrongful death claim on your behalf, they will file a detailed list of damages that you have suffered as a result of your loved one’s accident and subsequent demise. They will also include future damages, such as lost income that they would have otherwise earned. The wrongful death claim will be submitted to the at-fault party, which is likely the employer, though that is not always the case.

Recoverable Damages

When someone dies in a workplace accident, the resulting damages may be of an emotional nature as well as a financial one. If you file a workers compensation claim with a Tysons, VA workers compensation lawyer, you can only include financial damages. By contrast, if you pursue a wrongful death claim, if applicable you can also include additional damages, including pain and suffering for the loss of your loved one. Each situation is different, but the following are damages often included in a workers compensation claim as well as a wrongful death claim:

  • Medical bills for treating your loved one’s accident-related injuries before they passed away
  • Funeral and burial costs
  • Wages that your loved one will no longer earn, as well as likely bonuses and other benefits such as stock options

If you would like to know more about your legal options following the loss of a loved one in a workplace accident, call Cohen & Cohen, P.C. today to request a free consultation with a trusted Tysons, VA workers compensation lawyer on our team.  

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