You can get more than workers’ comp if your husband died at work. However, you’ll only be able to get more than workers’ comp if you’re eligible to file a lawsuit. An attorney can assess your unique situation and determine if you’re entitled to pursue extra compensation by filing a lawsuit.
Moving forward after the loss of a loved one can be incredibly painful, making it difficult to pursue workers’ comp benefits and civil damages. Fortunately, an Indianapolis wrongful death lawyer can handle your entire case. Let’s take a closer look at how to get more than workers’ comp after a fatal work accident and how an attorney can help.
How to Get More Than Workers’ Comp if Your Husband Died at Work
If your husband died at work, you can get more than workers’ comp by filing a wrongful death lawsuit. That said, not everyone is eligible to file a lawsuit after the death of a loved one, especially if that death occurred at work. Workers’ compensation exists to protect employers from wrongful death liability.
To file a lawsuit, you must prove that a third party’s negligence caused your husband’s fatal injury. For example, if your husband’s fatal accident was caused by defective equipment, you may be able to file a suit against the equipment manufacturer.
A dedicated wrongful death lawyer can investigate your loved one’s work accident and determine if an equipment manufacturer or another third-party company or individual is to blame. If your attorney finds that a third party’s negligence caused the incident, they’ll help you file a strong lawsuit for damages.
Your Case Will Get
The Attention It Deserves
Proving Liability in a Wrongful Death Lawsuit
To get more than workers’ comp for your husband’s work accident death, your attorney must prove that a third party should be held liable for your pain and losses. Here’s how a skilled wrongful death lawyer can establish liability:
Establish Duty of Care
The first step of proving liability is establishing that the at-fault party owed you a duty of care. Duty of care refers to the legal obligation that everyone has to act in a way that protects others from foreseeable harm.
If your husband was killed in a work accident caused by a negligent manufacturer, your attorney will argue that the manufacturer had a duty to make their products safe for consumers.
Breach of Duty
To get more than workers’ compensation after your husband has died at work, your lawyer must also show that the at-fault party breached the duty of care. To continue the defective equipment example, your lawyer must use evidence that highlights the safety issues with the equipment to prove a breach of duty.
Causation
Next, your lawyer must present evidence that shows a direct link between the third party’s breach of duty and your loved one’s fatal injury. Your attorney may use eye-witness statements, surveillance footage, accident reports, medical records, and other forms of evidence to establish causation.
Damages
Finally, your wrongful death attorney will have to show that your husband’s passing has caused you to suffer damages. They can use copies of your husband’s emergency medical bills, funeral bills, and other documents to show the impact that your loved one’s death has had on you.
Compensation You Can Get if Your Husband Died at Work
Getting more than workers’ comp benefits for your husband’s fatal work accident can be difficult. To get the compensation you deserve, you’ll want to work with an experienced wrongful death lawyer. An attorney can determine if you’re eligible to file a lawsuit and, if you are entitled to compensatory damages, pursue the following forms of compensation on your behalf:
- The decedent’s medical expenses
- Funeral and burial costs
- Pain and suffering the decedent experienced prior to death
- Loss of support
- Loss of consortium
- Loss of love and affection
Filing Deadline for Wrongful Death Lawsuits
To get more than workers’ comp for your husband’s death, you’ll have to file a civil suit in accordance with Indiana’s statute of limitations. The statute of limitations gives you two years from the date of your loved one’s death to file a lawsuit against a negligent third party.
Failure to take legal action soon could stop you from getting the damages you need to cover funeral costs and cope with your loss. Reach out to a compassionate wrongful death lawyer today to make sure your suit is filed on time.
An attorney can work quickly to investigate your loved one’s death, establish liability, and file a compelling lawsuit. No matter how complicated the work accident was, you can count on a lawyer to pursue the compensation you need to make it through this difficult time in your life.
Meet With a Skilled Wrongful Death Attorney for Free
At Vaughan & Vaughan, we know how painful it can be to endure the sudden loss of a spouse. That’s why we’re committed to getting you the damages you need to address financial setbacks, cope with the pain you’re feeling, and support yourself while you mourn your loss.
Our firm has won over $25 million for individuals impacted by a variety of serious accidents. We can use our experience and resources to make your claim as successful as possible. Contact us today to schedule a free consultation with a wrongful death lawyer and find out if you can get more than workers’ comp when your husband dies at work.
