Seeking Wrongful Death Benefits for Those Killed on the Job in Illinois
Earning a living should never cost you your life, but tragically nearly 5,000 American workers are killed while on the job site each year, as reported by the United States Department of Labor. The majority of fatal workplace accidents are caused by someone else’s negligence or intentional misconduct. At times, defective or faulty equipment can also be traced as the cause of the accident. If your loved one has been killed in a workplace accident, you may be able to file a wrongful death action seeking compensation for the immense damages your family has incurred due to your loss.
At Stein & Shulman, LLC, our Chicago law firm understands that workers’ compensation usually covers just a small portion of the total losses associated with a fatal workplace accident. For this reason, we thoroughly investigate each accident to uncover all responsible parties and potential sources for additional compensation. Our firm zealously strives to see that you and your family obtains the coverage you need to allow you to move forward after the untimely loss of your family member.
There are several industries that carry a higher risk of workplace fatalities than most others. One of the most dangerous industries is the construction field. Every year, construction workers die in fall-related deaths and equipment accidents. Other occupations with high fatality rates include mining, manufacturing, fishing, metal work, loggers, and truck drivers.
Types of Compensation Available Following a Workplace Death
After a workplace accident, there are two general avenues for compensation that may be available to surviving family members. These options include:
- Filing a workers’ compensation claim; or
- Filing a wrongful death lawsuit.
Most employers are required under Illinois and federal law to carry workers’ compensation insurance. Workers’ compensation benefits are available for almost any on the job fatality. If an employee is killed while performing his or her work duties, surviving family members may obtain death benefits through workers’ compensation. Death benefits can include coverage for funeral costs and expenses, along with income payments.
Workers’ compensation benefits are available to the family members of deceased employees regardless of fault. However, these benefits have limitations. They will not cover the non-financial losses associated with the death, and the salary of the deceased will not be fully replaced.
Some jobs bring workers into contact with third parties, and the actions of these third parties may lead to workplace fatalities. Other times, defective pieces of equipment or machinery cause the death. The family members of workers who were killed due to the actions of a third party can seek compensation in a wrongful death action.
Wrongful death lawsuits may allow for broader recovery from the non-employer third party. Potential damages include:
- Medical expenses incurred before death
- Funeral costs
- Mental pain and suffering caused by the death
- Lifetime lost income and benefits due to the untimely death
Survivors may be able to bring both a wrongful death and workers’ compensation action. Your attorney will review the circumstances surrounding your relative’s death to determine your legal rights.
Helping Your Family Recover After a Workplace Wrongful Death
If your loved one was killed in a workplace accident, contact the Chicago Wrongful Death Attorneys at Stein & Shulman, LLC. Our firm has handled all manner of wrongful death and workers’ compensation cases, achieving over 40 million in settlements and verdicts for our valued clients. We understand the devastating losses associated with the death of your relative in a workplace accident. We are dedicated to seeing that our injured clients receive the full compensation to which they are entitled in a wrongful death action. Contact us today for a free consultation with one of our experienced wrongful death lawyers at (312) 422-0506 or by filling out a free contact form online.