In the United States, workplace accidents are responsible for more deaths than we think. They occur as a result of unsafe worker behaviors, unreliable working conditions and/or operating defective or damaged equipment. This is why, unfortunately, filing a wrongful death lawsuit is more common than one might think.
One of the most tangible benefits of winning these cases is that the situation or behavior that caused the accident is investigated and preventive measures are taken to reduce the chances of it happening again.
However, it is natural that you have uncertainty due to lack of knowledge of the laws and find yourself hesitant to take action before the court. At Conexión Legal, we have professional and trained labor attorneys to offer you the necessary support and handle your case in the most fair way and in which you can obtain the highest possible compensation.
Call us at 1800 201 1220 or write to us via WhatsApp so we can provide you with the best free consultation, and in this way prevent this terrible negligence from going unpunished and without remedy for the damages.Also review: Heavy machinery accidents in the US
How to File a Wrongful Death Lawsuit in the United States?
There are some aspects you should keep in mind:
- The direct family members of the deceased worker, such as a spouse or minor children, are those who have the right to file the lawsuit and receive compensation benefits.
- Compensation benefits may include payment of two-thirds of the worker's average weekly salary, funeral expenses, severance pay and other benefits that are claimed.
- To file the lawsuit, you must go to the corresponding Conciliation and Arbitration Board, indicate your address for receiving notifications, designate a legal representative and present the facts and evidence that support your claim.
How much time do I have to file the lawsuit?
The deadline for filing a wrongful death lawsuit in the United States depends on the type of action being claimed and the laws of each state. Some general deadlines are as follows:
- One year to claim payment of benefits such as bonuses, vacation, vacation bonuses, severance pay, profit sharing, final settlement, pension and others.
- One month to claim termination from work for just cause or compensation for wrongful termination.
- Twenty business days to claim a substantial modification of working conditions.
We recommend that you consult with an attorney specialized in labor law to advise you on the specific deadline that applies to your case and the requirements you must meet. If you need more information, you can write to me again.
When Filing a Wrongful Death Lawsuit Who Has the Right to Compensation?
The latest report published on the official agency website listed more than 4,585 workplace deaths in 2013, or 12 per day. Of these, 817 were Hispanic or Latino. This means that in 2013 alone, 2 Latinos died daily for 365 days as a result of workplace accidents.According to the law in the United States, a workplace death is considered if an injury, accident or serious injury results in the death of a staff member during employment or the performance of their assigned tasks and activities.
If one of your loved ones died in this manner, you or direct family members such as a spouse or children under 18 years old, are those who have the legal right to take action before the court and in turn receive the financial benefits that result from it. However, if the deceased does not have any of the previous family members, it will be the parents who can claim the benefits or sue if they depended greatly on the deceased.
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Benefits You Can Obtain When Filing a Wrongful Death Lawsuit
Almost immediately after the employee's death, close family members have the right to sue to receive compensation benefits, this even if the employee has acted with negligence or the employer did not blame the employee's death as negligent or responsible. As a general rule, the employer must pay two-thirds of the employee's average weekly salary taking into account earnings from the last 52 weeks, in addition to funeral expenses.
If the employeracts with negligence and does not fulfill its functions with respect to providing effective training for its employees, it can be classified as negligent and close family members may receive compensation for financial assistance, loss of relationship and additional suffering. This type of legal proceeding also provides you with punitive damages to punish the person or company for their extreme negligence.Also review: Attorneys for car accidents with no injuries
Survival Action Law
In Illinois, the law recognizes cases that fall into this category where the worker survives for some time after an accident or workplace accident and incurs medical expenses before dying as a result of their injuries, to understand how this law works it will be necessary for you to know how an accident attorney in Illinois can help you. Here you have the right to receive compensation for medical expenses incurred and for all personal injuries that your closest family members would have received if you had not died. Generally, this constitutes the right to non-employment income, pain and suffering, disfigurement and loss of normal life, among other things.
The loss of a close family member is such a painful and extreme situation that nothing will take away the pain; however, one of the benefits of the process is that it can save the lives of other people and prevent them from going through what you are going through. The legal process will require your family member's employer to eliminate the type of problem or factor that was directly responsible for your loved one's death. Additionally, the negligent person is liable under the law. Finally, the future life of a loved one will never be the same and will face major obstacles as a result of that loss. Having financial security and knowing that your family will be financially secure will help you focus on overcoming new challenges.
Contact a Labor Attorney Through Conexión Legal
If you have lost a family member due to a similar situation, you should contact Conexión Legal as soon as possible to receive the best free consultation, and in this way we can connect you with a labor attorney who is prepared and reliable, as well as expert in the laws of your state.Also read: Types of compensation you can obtain with a labor lawsuit in the United StatesCall now at 1800 201 1220, or write to our WhatsApp to receive the complete advice you need to obtain the benefits you deserve by law, as a surviving family member of a worker who died in workplace accidents.
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