In the city of San Luis Obispo, a wrongful death on the job may not be covered by workers’ compensation. In cases where it is covered, workers’ compensation may not be enough to compensate a family fully. This is when it makes sense to file a wrongful death lawsuit.
In many cases, an employee cannot file a lawsuit against an employer for an injury sustained at work because that injury is covered by workers’ compensation insurance. When a person dies as a result of those injuries, or due to a fellow employee’s misconduct or negligence, survivors may choose to file a wrongful death lawsuit and be legally permitted to do so.
In order for a case to be successful, plaintiffs must prove that their loved one died, the death was due to someone’s negligence, and the survivors have suffered some type of financial injury because of that death.
For example, a person may be severely injured at work and sent to the hospital. Workers’ compensation would cover the medical costs of that injury. If the person dies as a result of those injuries, the immediate family could file a lawsuit, seeking damages for loss of support, loss of companionship and more.
If a loved one has been killed due to a workplace accident, surviving family members should contact an attorney experienced in both workers’ compensation and wrongful death law. An attorney can assist a family in determining whether a wrongful death lawsuit is appropriate for their situation.