In case one of your family members died at their workplace or during work-related activities, there are two ways to proceed legally— to follow a workers’ compensation claim or choose to go for a wrongful death claim. There are a number of factors you need to consider before deciding to go with one of these choices. Below is a discussion regarding the pros and cons of both these options that will help you make the decision.
The dependent persons such as spouses, parents, children or others are entitled to receive benefits regarding the death of their family member in a job-related illness or injury. The value of the compensation case depends upon the number of partial and total dependants and the cause of the death. California’s statute of limitations dictates that the compensation claims should be made within 12 months of death.
Pros And Cons Of Filing A Workers’ Compensation Claim
If you file a workers’ compensation claim, you will receive the benefits you are entitled to on a weekly basis. The biggest advantage is that you will not have to prove the fault on the side of the employer. This is a no-fault system.
There are several disadvantages to this system. For instance, by filing the claim, you waive your right to sue the employer of your family member for further damages. This system does not include non-economic losses. The pain and suffering, reduced quality of life, and loss of consortium and partnership come under this category. There is a cap of $320,000 under the ‘maximum money recoverable’ as a part of the death benefits of workers’ compensation.
Pros And Cons Of Filing A Wrongful Death Lawsuit
Under California law, family members and dependents are qualified to file a wrongful death lawsuit. However, this is advisable only with the support of experienced wrongful death lawyers.
There are both advantages and disadvantages of filing a wrongful death lawsuit against the employer. One of the biggest advantages is that the dependants and family members will be eligible for larger compensation amounts. This is also because this lawsuit covers non-economic losses. Furthermore, there are no upper limits as to the amount of money they can claim as a part of the wrongful death lawsuit.
In the event of the death of a family member at the workplace or through job-related illness, the family members or dependents are eligible to proceed legally through the workers’ compensation or wrongful death lawsuit. Consider the pros and cons of both the options before deciding to move legally against those responsible.