My Husband Was Killed At Work
If my husband was killed at work, my legal options matter. Husband killed at work can lead to important legal options. These claims include workers compensation, wrongful death, and other claims for compensation.
Generally, my husband was killed at work is regulated by workers compensation legal claims. The main benefits include workers compensation, death benefits, survivor benefits, and possible wrongful death financial compensation claims.
Wrongful Death
If your husband was killed at work, this will usually fall under workers compensation type of case. However, in some situations, there may also be a claim for wrongful death against the employer or another party such as the property owner where the business was located.
Murder
Sometimes, when a husband was killed at work, it can be due to murder. This can be either by people of the company or by other members of the public. For example, it can be by a drunk driver car accident. These cases can include many different levels of murder such as manslaughter, involuntary manslaughter, and many more classifications.
Workers Compensation
Under workers compensation law, the wife of a deceased husband who was killed at work is entitled to certain legal rights and legal death benefits. These benefits usually have to do with the level of income that the husband was earning while still alive.
Main Types of Benefits
The main type of compensation benefits after a husband passes away or is killed at the workplace include death benefits and survivor benefits. In certain situations, there may also be additional legal claims under wrongful death and negligence.
Work Injury And Delayed Death
Sometimes, when a loved one or husband gets injured or gets an illness from work, the person does not pass away right away. However, if the reason why the person ultimately passed away was escalated by the work injury, there may still be a strong workers compensation case.
Installment Payments
One main way in which workers compensation benefits are paid to the family members of the deceased husband are through installment payments. Installment payments are payments made to the victim’s wife or family over time instead of all at once in a lump sum payment.
One Lump Sum Payout
Occasionally, instead of receiving installment payments, you may receive the compensation in a one lump sum payment all at once instead. This is usually determined on a case by case basis due to what would be reasonable for that situation.
Burial Expenses & Funeral Expenses
Reasonable burial expenses and funeral expenses might also be paid through the workers compensation death benefits. You generally have a duty to mitigate your expenses to be low and their are maximum amounts that they are willing to pay generally.
Level Of Income
The level of income your husband was earning before your husband was killed at work can have a major impact on the compensation you receive potentially from the claim. It is also important to look at how financially dependent you were on your husband’s income.
Financially Dependent
Usually, an important element that is considered when calculating workers compensation death benefits is how financially dependent you were on your’s husband’s income. Whereas some wives are full time moms and do not earn an income, another wife may be career oriented and have a high income and be less financially dependent on the husband’s income. The more financially dependent you were on your husband’s income, the stronger your claim for workers compensation will likely be.
Domestic Partners Have Rights
If you were not married yet, you can still have legal rights and potentially be entitled to compensation. You can usually have a stronger claim for domestic partner compensation if you were living together and were financially dependent on your deceased domestic partner’s financial income. Many domestic partners may even be pregnant or have a baby or child with the deceased employee.
Former Divorced Husband
Similar to domestic partners, if you were divorced from your former husband, you can still potentially have a valid claim. It will help your case if you were still close and were financially dependent on your former husband’s income.
Minor Children
Minor children of your deceased husband will generally be considered dependents and may receive compensation in the form of death benefits until the child reaches the adult age of 18 years old. However, in many situations adult children can also receive death benefits.
Adult Children
Not all children of the deceased husband are still minors. Grown up adult children can also be entitled to compensation when losing their father at work in limited situations.
Disabled Children
A disabled child of the husband who was killed at work, can sometimes obtain death benefits throughout the entire life if the disabled child is unable to earn a living on their own. This can be a mental disability or physical disability.
Get Free Ebook
We have a free ebook we can send you regarding this topic. We know how hard it can be too lose a loved one and how much you miss them. There are so many questions you may have. We provide a lot of helpful information for you in our completely free ebook.
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We offer a fully free consultation without any obligation. We charge no fee unless we help our client win compensation. We are experienced with wrongful death and workers compensation death benefit cases. Call now for more information. Call (800) 400-5050