Is it Better For Loved Ones To Seek a Wrongful Death Claim or Workers’ Comp Benefits After a Death on The Job?

Every day, accidents occur in the workplace. Certain professions are by nature riskier than others; mining, logging, and construction are a few examples. Tragically, an accident can sometimes result in the death of a dedicated employee. Fortunately, when an employee passes away while working, Connecticut’s workers’ compensation system pays death benefits to surviving spouses or domestic partners, surviving children, and other qualified dependents. For surviving family members, these benefits are frequently a vital source of money—especially if the dead employee was the only source of income for the household.

A workers comp attorney who has earned board certification can assist you in determining the benefits you are eligible for and in obtaining the best settlement. Of course, no amount of money can make your loved one return, but it can help you maintain your standard of living. After a devastating loss, the last thing anyone needs is to struggle to make ends meet.

Let’s examine the key distinctions between a wrongful death case and workers’ compensation death payments.

Concerning Benefits of Workers’ Compensation Death

The workers’ compensation program in Connecticut is a no-fault scheme. This implies that surviving family members won’t need to provide evidence that the employer’s carelessness resulted in their loved one’s death. It is frequently simple to get death benefits by submitting a claim. However, receiving benefits under the no-fault system also entails surviving family members enunciating their legal claim against the deceased person’s employer, and workers’ compensation death payments do not cover intangible losses like diminished quality of life or lost companionship.

The Method  of Determining Deat Benefits

The amount of death benefits that an employee receives is determined by their pre-death income. Generally, qualifying dependents get weekly death benefits equivalent to two-thirds (66.7%) of the deceased person’s salary; statutory minimum and maximum compensation rates apply, and a cost-of-living allowance is usually allowed. In addition, any medical costs paid before the worker’s death and appropriate funeral expenditures must be covered by workers’ compensation insurance.

Who Can Apply For The Benefits of Death?

Death benefits may be available to surviving family members who were financially reliant on the dead employee at the time of the accident or injury, either fully or partially. certifying family members. Certain family members are inherently regarded as full dependents. Children under the age of eighteen and those unable to work because of physical or mental disabilities fall under this category.

Under the Connecticut workers’ compensation system, surviving family members have one (1) year from the date of death to claim benefits. Until the surviving spouse remarries, death payments are provided to them. Generally, dependents cannot get death benefits until they become 18 years old.

Why It is Important to Have a Professional Attorney on  Your Side?

The knowledgeable and certified Connecticut worker’s compensation lawyer can assist you in getting the most out of workers’ compensation and assist you in determining whether a wrongful death lawsuit would be appropriate if you lost a loved one in a workplace accident or injury. Experts can point you in the correct path if you have questions about how to locate a wrongful death attorney, what constitutes a wrongful death action, or how much wrongful death legal fees will cost.

Final Words 

Employers are in charge of giving staff members the right workspace, amenities, and training. If they neglect these obligations and a worker suffers a fatal injury, they are furthermore accountable for making sure the victim’s dependents get enough workers’ compensation.