Very few people expect to go to work one day and not come home later that night. Technological and safety advances have made once-dangerous workplaces much safer. But, unfortunately, accidents in the workplace still happen, and you and your family should understand your legal rights in the worst-case scenario. That is why our experienced death claims attorneys at the Law Offices of Kropach & Kropach are here to assist you with this challenging period.
According to the US Department of Labor’s Bureau of Labor Statistics (BLS), workplace fatalities are generally on the rise, with 2019 experiencing the highest number of deaths since 2007. Per BLS data:
Unfortunately, when a worker dies in the workplace as a result of actions arising out of their employment, a supervisor or another worker onsite should immediately call emergency services to ensure the worker has received the proper medical attention. Likewise, someone should report the accident if the employee has passed away.
Reporting any workplace accident is vital because death claims, like all other workers’ compensation claims, must commence within a year of the date of the injury. Failure to commence proceedings before a year from the date of the injury will result in the claimant (the employee and the employee’s surviving dependents) from collecting death benefits.
Because of the sensitive nature of these cases and the requirement to file within one year of the date of the injury, our San Fernando Valley death claims attorneys will work diligently to investigate the facts of your claim and commence proceedings as soon as possible.
When an employee dies from a work-related injury, the benefits arising from their death claim will go to their surviving spouse and other dependents (usually children). Compensation resulting from successful death benefits claims typically includes expenses for burial and certain sums of money based on the number of the deceased employee’s dependents. For example, a deceased employee with one dependent will earn $250,000. Two dependents earn $290,000, and three or more dependents earn $320,000. Further, minor dependents earn a weekly payment based on a disability rate calculated from several factors related to the deceased employee’s average weekly wage. Minor dependents receive the disability benefit until their 18th birthday, and disabled dependents receive life benefits.
Although workers’ compensation death claims do not occur as often as more common workplace injuries, they still happen. When they do, it is best to have experienced legal representation fighting for your rights. If your loved one has recently died due to their employment, please call our Encino, CA office at 818-609-7005 today for a free consultation or contact us online for an appointment.