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Grupo MedLegal® > Blog > Illinois > Can be claimed someone’s death for workers’ comp

Can be claimed someone’s death for workers’ comp

In the United States and particularly in Illinois, workplace accidents are responsible for more deaths than we would imagine. They occur as a result of workers’ risky behavior, unsafe work conditions and/or defective or damaged equipment. Our group of accident doctors and lawyers at Grupo MedLegal has litigated numerous cases of this nature in Chicago courts, obtaining large remunerations for our clients. One of the most palpable benefits of winning these cases is that the situation or behavior that caused the accident is investigated, and preventive measures are taken to diminish the possibilities of reoccurrence.

The Occupational Safety and Health Administration (OSHA) reported that they have 1 agent for every 59,000 workers at the national level. The latest report published on the official website of this agency listed more than 4,5885 deaths in the workplace in 2013, or 12 per day.

Labor-Related Death and Who Is Entitled to Claim Compensation

The law considers a labor-related death to occur when a wound, accident, or severe injury results in death and happens while working. If one of your loved ones died in this way, the closest relatives, usually spouse and children under 18, have the legal right to claim and obtain benefits. However, if the person did not have a spouse or children, his or her parents may claim benefits or sue if they were heavily dependent on the deceased.

Death Benefits Through Workers’ Compensation

These benefits may be obtained almost immediately after the death of the worker and the close relatives have the right to them even if the worker was negligent or if the employer was not guilty of negligence or responsible for the worker’s death. Usually, 2/3 of the worker’s average weekly salary is paid, taking into account the income from the previous 52 weeks, in addition to the funeral expenses.

Wrongful Death Suit

The employer is obligated to provide adequate training to workers so they can operate in and maintain the safest possible work zone. If the employer is negligent and does not comply with their responsibilities, they may be found legally negligent and the close relatives may receive compensation for financial maintenance, loss of relationship and major suffering. In this type of suit, you also receive compensation for punitive damages, to punish the person or entity for extreme negligence.

Survival Act Suit

In Illinois, the law recognizes cases in this category, such as a worker surviving for some time after the work injury or wound, and incurring medical expenses before passing away as a result of his or her injuries. Here you have the right to receive compensation for the incurred medical expenses and for all the personal injury damages your close relative would have received had you not died. Usually this consists of the right to non-accumulated income, pain and suffering, disfigurement, and loss of a normal life, among other things.

Reasons You Should Sue if You Have a Case

The loss of a close relative is a situation so painful and extreme that nothing will be able to take away your grief. However, one of the benefits of a lawsuit is that you may save the lives of others and keep others from going through the pain you are experiencing. The legal process forces the eradication of the type of problem or factor that was directly responsible for the death of your loved one. Furthermore, the negligent party is found responsible before the law. Lastly, life after the death of a loved one will never be the same and you will face significant obstacles as a result of this loss. Having financial security and knowing that your family is protected financially will help you to concentrate on overcoming new challenges.

Lawsuits against employers–usually powerful companies–require experience, dedication, and financial resources to be able to go against them. Our reputation in the city of Chicago reaffirms our legal capacity. If a close loved one dies as a result of a work accident, contact us for a free consultation to examine your case.

We will give you all of our attention and experience and explain which routes you can take. You do not have any type of obligation to us. Call us anytime, 7 days a week. If you cannot come to us, we will go to you, wherever is most convenient.

This Blog is made available by Grupo MedLegal for informational purposes only and does not provide legal or medical advice. The information provided on the Blog should not be used as a substitute for competent legal or medical advice from a licensed professional.

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