Injuries in the workplace can lead to fatalities. When this occurs, the decedent’s dependents can recover damages. However, the process of receiving compensation can be complicated and time-consuming. To navigate death and dependent Fresno workers’ compensation claims, you may need to hire a skilled attorney.
Dealing with the loss of a loved one is hard. Facing financial difficulties because of this loss makes the situation even harder. That is why it is important to fight for compensation and avoid unfair payouts.
When a person dies on the job in Fresno, several types of dependents can file a workers’ compensation claim:
Most of the time, the worker’s family can get about two-thirds of the worker’s weekly paycheck subject to maximum total amounts depending on number of dependants and date of injury. Dependents can also receive assistance with funeral and burial expenses.
Dealing with death and dependent workers’ compensation claims in Fresno requires a comprehensive legal approach. Without a competent attorney, it may be hard to recover full damages. The reasons why dependents should consider legal assistance are:
Filling out the forms for the California Division of Workers’ Compensation may seem simple, but even one small mistake could mean losing the chance to get benefits.
A lawyer who has worked on death benefit cases before knows how to complete the forms correctly and which documents to submit. They can also make sure the dependents are adhering to the strict filing deadlines.
Sometimes, the employer might try to fight the workers’ compensation claim. It often occurs because the workers’ compensation insurance becomes more expensive when the claim is approved.
For example, the employer can try to argue that the decedent was an independent contractor, who is not eligible for benefits. They may also try to present evidence that the injury did not occur in the workplace.
An attorney can counter these arguments with proper evidence and help the deceased person’s family receive full compensation.
If the death of the employee was caused by the negligent actions of a third party, the family can file a wrongful death lawsuit instead of a workers’ compensation claim. To do that properly, they require competent legal assistance.
If your loved one died while performing their duties, you can seek compensation. With the multiple nuances surrounding such claims, you can increase your chances of success by working with a competent attorney.
At Silberman & Lam, LLP, we can help you navigate the complexities of death and dependent Fresno workers’ compensation claims and fight for the money you deserve. Call us to schedule a consultation today.
