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Workers’ compensation options after a wrongful death

On Behalf of | Feb 23, 2022 | Personal Injury |

When a loved one is working, you expect that the workplace will be safe and secure. You want to know that they’re using the right protective equipment and that their employer takes their health and safety seriously.

Unfortunately, accidents do happen, and people do pass away because of incidents at work. If you lose your loved one in this way, you need to understand what your options are for workers’ compensation and a wrongful death claim.

Can you seek compensation if your loved one dies on the job?

If your loved one dies at work, you may be able to seek damages for their death. Alabama has a unique approach to these claims. According to its laws, families can seek compensation for punitive damages rather than for their injuries.

Why does Alabama have this set up compared to other states that allow families to claim for a loss of earnings or funeral expenses? Simply explained, it’s because the state policy is that no amount of money can compensate for a human life, so it makes sense to focus on the actions that led to their death and to penalize those responsible when it’s appropriate to do so.

Do you have to prove the liability of the defendant in court?

Technically, yes. You will need to show that the employer or other party responsible for your loved one’s death is liable for their death. Then, it’s necessary for a jury to decide how much money would be enough to adequately penalize the responsible party.

Are you entitled to workers’ compensation benefits after the loss of a loved one?

According to Alabama’s wrongful death statute, workers’ compensation benefits could be owed if it is proven that the person died from injuries related to their job. Your family will need to pursue a claim within two years of your loved one’s death.

Alabama’s laws are unique regarding workers’ deaths, so it’s important to know your rights and how long you have to make a claim. Your family deserves support as you go through this difficult time, and a lawsuit may help you get the compensation that is needed.

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