Work Related Wrongful Death Claims
Help After a Tragic Work Accident in Chicago, Illinois
We seek employment not for just a paycheck but for affirmation of who we are and what we want to do in our lives. It gives us a sense of direction and purpose.
Yet, sometimes the workplace is dangerous especially if you work in construction, trucking, fishing, roofing, or farming. You can get seriously injured or even killed. Death benefits from job death claims might be the only way to get help for the surviving family members that have lost a loved one.
If you are struggling after the death of a loved one or family member from work accidents (including car accidents, COVID 19, or other employer caused circumstances), remember that a lawyer can help.
Contact Our Attorneys for Legal Advice and Help after a Workplace Injury
If you or a loved one is injured or killed at a job site, talk to us about what claims, benefits, and compensation may be available under the law if you file a wrongful death lawsuit.
Rosenfeld Injury Lawyers LLC (rights reserved) has worked with many employees, family members, and third parties to get relief, workers compensation, and help that an employer or insurance company owes them after an injury or death.
Talk to a lawyer about Illinois lawsuits, claims, cases and how they may provide loss benefits for free today.
What You Can Obtain in Workers Wrongful Death Claims
The value of a wrongful death claim for workplace negligence or in any other circumstances depends upon what happened. You can use what occurred in other cases only as a guide or general reference point.
Illinois death benefits and workers legal rights for a wrongful death case may extend to economic damages, non economic damages, and possibly even punitive damages.
Let us look at each of them now.
- ECONOMIC RELIEF:Calculate all of the expenses that the workers jobsite wrongful death caused you such as hospital bills, burial costs, and missed income (including in the future).
- NON-ECONOMIC RECOVERY:Estimate the non- financial or intangible impact that the death of the person may have had for you. This can mean many things to you including lost companionship, lost consortium, lost sense of life normalcy, or other things. The important thing to consider is reflecting on the negative changes after losing the deceased and then trying to demonstrate them in court or settlement talks.
- PUNITIVE DAMAGE:If the defendant's actions were intentional and extremely wanton or reckless, you may also work with your attorneys to seek punitive damages. These are rare and courts only use them if it would provide legal deterrence to the person. Yet, they also provide ample opportunity for compensation so you should see if they are available.
Call us for a free consultation on workers claims may mean to you and how we can create an attorney client relationship for a case after a car accident, forklift accident, or office related accident.
Your Rights Under Illinois Law After a Workplace Incident
If you are considering wrongful death claims or similar benefits after your husband, father, or another person close to you died at work, then you must first review the laws in Illinois that provide for legal benefits and compensation.
Illinois allows victims to seek relief through personal injury lawsuits and workers' compensation claims. Since your accident probably happened at the job site, you first must exhaust the workers compensation process.
In Illinois state workers compensation claims, you do not have to show fault. You must merely show that the person, properly employed, was hurt while on the job. Once this is established, you are permitted prescribed benefits including death benefits if the victim actually suffered death.
However, state based workers compensation cases for deaths do not allow you punitive damages and other types of compensation. Additionally, they do not allow you to sue third parties or persons that harmed you at work but do not work there.
Also, these claims do not let you file lawsuits for intentional torts. For all of these circumstances, you may need to file a wrongful death case and probably one for negligence too. In that scenario, you need to show that
- Someone died;
- The defendant caused the death; and
- You suffered injury and damages because of the death.
How Most Fatalities Happen on the Job
At work, some situations are more dangerous than others. Many employees are injured or killed in some circumstances at a far higher rate than workers in different areas.
In fact, the Occupational Safety and Health Administration (OSHA) had put forth a "Fatal Four." These are the four most common reasons why employees die on the job.
They include the following: 1) falls 2) electrocutions 3) stuck-in between collisions 4) struck by an object.
A dozen or so people die every single day in the United States because of workplace accidents so it is important to be careful and cautions.
Workplace Wrongful Death Facts
- Tens of thousands of people are injured at work annually.
- Over five thousand employees pass away each year.
- About 4 in 100,000 workers suffer a workplace death every year.
- Work related deaths cost families thousands of dollars in expenses and much more in lost support.
Cases for Workers Compensation and Death Benefits After a Wrongful Death Accident
Below are some sample work-related fatality lawsuits filed in Cook County, Illinois. We appreciate that the circumstances involved in each case are unique to the circumstance. Consequently, we invite you to contact our law firm for a free consultation with an experienced attorney who can address any questions or concerns you have about your case.
$600,000 Wrongful Death Claim Settlement; Chicago, Illinois; 2020:
This wrongful death lawsuit was brought by the surviving family members for lost wages, death benefits, and other damages as well as compensation after an Illinois fatal work related incident.
A man in his middle forties was a day laborer working near an old building when part of the facade fell down and crushed him. His wife and children brought these lawsuits with lawyers from a reputable law firm against the construction and labor company employers of the deceased victim.
They alleged that the workplace was inherently responsible for the accident and subsequent death. The wrongful death claim had both negligence and unlawful killing elements contained within the cause of action. In the end, the insurance company settled with the plaintiffs for a reported $600,000.
$1,500,000 Settlement; Chicago Wrongful Death Lawsuit; 2019:
This action was brought for death benefits and death claims by a loved one for a work related wrongful death.
A construction worker engaged on a new job site fell to his death after being electrocuted. The family member who brought these wrongful death claims with lawyers alleged that workplace accidents like this only happen to an employee due to negligent and wrongful actions by employers that should make sure this does not happen even though they may often.
The wrongful death attorney that drafted the case couched it in terms of personal injury and wrongful death. The employer disputed these allegations or that the loss and damages from the job accidents were caused by this event.
However, the defendants eventually started negotiating with the loved one over the wrongful death and personal injury claims and her lawyer. The attorneys eventually arrived at an agreement at $1.5 million for the pain and suffering of the deceased and other damages that the workplace loss fatality caused.
$ 5,000,000 Death Benefits for Workplace Employee Accident; Cook County, Illinois; 2017:
This tragic event started with a fire in a vacant building in the suburbs of Chicago. A firefighter in his late forties ran into the premises to ensure that no people were in danger. As he surveyed the building, the roof collapsed and crushed him to death.
This wrongful death claim was filed on behalf of his surviving family members including wife and daughter. Their lawyers argued that the owners of the building were negligent and responsible for his death.
The defendants vehemently denied these charges and countered that their actions did not contribute to the decedent's passing. Yet, in the end, this did not prevent both sides from finding common ground to settle the matter.
The plaintiffs negotiated an end to the dispute for a reported $5 million with the defendants' insurance companies. This was meant to compensate them for their economic and non economic damages.
$2,000,000 Claim for Workplace Wrongful Death Accident; Chicago; 2018:
This dispute occurred after a worker fell to his death at a workplace jobsite in the Chicago suburbs. He was only twenty years old at the time of the tragic event. At the time of the fatal accident, he was putting in a skylight in a new building.
The wrongful death lawsuit was brought on behalf of the surviving family members for damages and other compensation (workers compensation). They employed a personal injury and wrongful death attorney to file a wrongful death lawsuit.
The lawyers haggled over the circumstances of the employees and employers which the deceased worked in and suffered death and injury in. Then, they agreed to settle the matter and end the controversy for a reported $2 million.
Speak With a Wrongful Death Lawyer
We understand that the loss of a loved one at work or anywhere for that matter can be a shocking and devastating event.
Rosenfeld Injury Lawyers LLC has managed many wrongful death claims of employees that were the victim of employer negligence. Above all else, our commitment and dedication to your family and the deceased loved one will set us apart in our service to you.
Contact us for a free consultation and one of our lawyers will give you a free rundown of all the ways we can help after a tragic death. We look forward to assisting your family pursue justice for your loss.