No family who lives in or around San Diego, California, ever expects that a loved one who goes off to work will not ever return home again due to a fatal workplace accident. Even for someone in a dangerous line of work, like emergency services or construction, the expectation is that they will be given what they need to stay safe and healthy while on the job.
Tragically, workplace accidents do happen to innocent California workers, and this blog has even reported on some of those fatal accidents that happened in the suburbs of San Diego. While no amount of help can bring a dead worker back to life, California does fortunately have a workers’ compensation system that provides some death benefits to a family.
Our law office can help with claiming these benefits, but there is only so much even we can do. For example, these benefits will not replace all of a loved one’s lost income, but will provide a stream of support of about 66 percent of the deceased worker’s wages. Moreover, workers’ compensation will pay final medical bills and funeral expenses, but it will not pay for items like pain and suffering or emotional anguish, even if a family has legitimate claim for emotional loss.
Because of this, although a worker’s family may not be able to sue the worker’s former employer due to workers’ compensation laws, they may want to consider a wrongful death suit against any third party who contributed to the tragic loss. Our law office also helps families file these wrongful death causes of action, which give the family the potential of achieving a truly full recovery.