Losing a loved one in an accident due to the negligence of another is tragic and can leave a family with heavy financial and emotional burdens. While it can be difficult to think about the future when you have just lost someone you love, it is important to know that the medical and funeral expenses can add up, and your family can be severely impacted by the loss of your loved one’s income. It is important to work with a Chicago wrongful death attorney in order to get the compensation you and your family needs.
What to do if your loved one was killed while on the job
The course of action you should take following the on-the-job death of your loved one depends on the nature of the accident. You can receive compensation under Illinois workers’ compensation or you can file a third-party personal injury claim against the party responsible for your loved one’s death.
If a worker is killed while on the job, his or her family can be eligible for workers’ compensation benefits. Even though Illinois workers’ compensation allows for compensation payable to the family of the worker killed, the compensation received may not be enough. For example, workers’ compensation places a cap on lost income. The amount a family can receive for their deceased loved one’s lost income is typically only a percentage of the weekly income. If can be insufficient if the family depended on the deceased as the breadwinner.
If your loved ones death were caused by the negligence of another person, you may want to explore a personal injury claim outside of workers’ compensation. For example, if a co-worker was acting carelessly with heavy machinery at a construction site and caused the death of your loved one, you may be able to file a wrongful death claim against that worker. Or if your loved one’s employer did not maintain safe working premises, then you may have a wrongful death case against the employer. Additionally, if a piece of equipment malfunctioned and resulted in the death of your loved one, you may be able to bring a wrongful death lawsuit against the manufacturer of the defective product. While these types of claims will typically require a greater burden of proof than a workers’ compensation claim, there is no limit to what you may be able to receive in a third-party wrongful death claim.
Call an Experienced Wrongful Death and Work Injury Attorney
The skilled wrongful death attorneys from The Horowitz Law Group can work with you to determine whether you can receive damages through workers’ compensation or a third-party wrongful death lawsuit. We can help you file your suit against the party or parties responsible for your loved one’s death. Contact The Horowitz Law Group at (312) 641-9200 for a free consultation.