An on-the-job fatality changes life forever for the victim’s survivors. Family members are entitled to workers’ compensation survivor benefits, but these replace, at most, two-thirds wages or salary. Since there is a cap on the amount– no matter how much they earned, workers’ compensation cannot fully replace the income lost by your loved one’s death.
Lynchburg Wrongful Death Lawyers
Lynchburg Wrongful Death Lawyers
Assigning Accountability
Workers’ compensation was set up so that injured employees or the survivors of those killed on the job could not sue the employer. While you cannot pursue a wrongful death claim against the employer, third parties are frequently involved. For example, if a malfunctioning piece of equipment caused your loved one’s demise, it is possible to file a lawsuit against the manufacturer, dealer, or distributor.
The Lynchburg Wrongful Death law firm of Rutter Mills offers compassionate assistance in this difficult time. We can help you receive workers’ compensation survivor benefits and hold the third parties responsible for your loved one’s fatality accountable.
Causes of Wrongful Death
Fatalities occur far more often in specific industries, such as construction and logging. The Bureau of Labor Statistics (BLS) reports that 5,250 fatal work injuries took place in the U.S. in 2018.
Nearly 40 percent of those deaths occurred in the transportation industry. The BLS notes that 966 truck drivers or delivery or salespeople lost their lives while working in 2018. This type of tragedy usually involves some form of third-party liability, for example, the driver of the other vehicle.
The second-highest cause of workplace wrongful death involves trips, slips, and falls. This can happen anywhere, including offices. Many times, a third party’s negligence is partly or wholly responsible for the hazard creating the fall. For example, a contractor working in a commercial building may not have posted signage or cordoned off a dangerous condition.
Additionally causes of workplace fatalities include:
- Violence
- Contact with heavy equipment or other objects
- Exposure to harmful substances
- Fires
- Explosions
In Virginia, compensation, or damages, in wrongful death claims may include:
- Reasonable funeral and burial expenses
- Lost wages and benefits
- Value of lost wages and benefits if the person lived
- Mental anguish
- Loss of guidance
- Loss of companionship
Under the Commonwealth’s statute of limitations, wrongful death lawsuits require filing within two years of the victim’s death, not the accident date.
Lynchburg wrongful death lawyers will negotiate with the other party’s insurance company so that surviving family members receive the compensation they deserve. Most of these lawsuits are settled. However, if the insurance company fails to agree to a reasonable settlement, we will pursue your claim in court.
Contact our team of Lynchburg Wrongful Death Lawyers
If your family member lost their life while on the job, a Lynchburg wrongful death attorney at Rutter Mills can help determine whether there are grounds for filing a wrongful death lawsuit. We will evaluate your case during our free consultation. Call or text us 24/7 to schedule an appointment or submit our online contact form.
Experience
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Years helping families heal
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Convenient offices in Hampton Roads
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Team members ready to listen
Contact a Lynchburg wrongful death lawyer today.
When everything is on the line, you need the compassion, experience, and results that is Rutter Mills.
Workers Compensation
If you’ve been injured on the job, workers’ compensation insurance may entitle you to critical assistance like medical treatment, lost wages, and more. But insurance companies will put up an aggressive fight to resist paying you the compensation you need and deserve. Rutter Mills can help get you the money you deserve.
