When Arizona Wrongful Death Claims Can Be Filed in Fatal Workplace Accidents

According to the Census of Fatal Occupational Injuries, work-related deaths are on the rise. In 2018, there were a total of 5,250 fatal work injuries reported for those that had an employer and those that were self-employed. The number of deaths was up by 429 incidents from the reported work-related loss of lives in 2014. 

After a work-related death, families that are left behind have the ability to be provided with Arizona’s workers’ compensation benefits to help out with the financial loss they have to endure with the loss of their loved one. In some situations, the other way that families can seek financial relief and compensation for the pain they had to endure after they lost a loved one is to pursue a wrongful death claim. If you lost a loved one in an Arizona workplace accident, you may be able to additionally go the route of a wrongful death claim. Discussing your situation with a Phoenix wrongful death attorney is a good way to determine if you have a case for a wrongful death claim.

When Can You File An Arizona Wrongful Death Claim After A Workplace Death?

For the most part, fatal workplace injuries are going to only be covered by workers’ compensation benefits. In limited situations, a grieving Arizona family may be able to file both a workers’ compensation claim as well as a wrongful death claim. When a third party, unrelated to the employer was responsible for the death, it is feasible to explore the possibility of an Arizona wrongful death claim. The other way that a family may pursue an Arizona wrongful death claim is if the working conditions were extremely dangerous and posed a clear hazard for anyone to work in yet the employer put their employees in harm’s way knowingly.

The difference between workers’ compensation benefits and an Arizona wrongful death claim is the type of damages one can recover from each. In a worker’s compensation claim, the state of Arizona dictates the total amount of benefits that the family will be able to receive as well as for how long they will receive the benefits. In a wrongful death claim, the family can pursue other damages such as compensation for medical bills, lost wages, final expenses, suffering, emotional distress, and loss of companionship.

The other difference between the two claims is how they are litigated. The family won’t need to work through a complex legal process for workers’ compensation, as the amount of proof necessary to prove the incident occurred at work is very little. A wrongful death claim requires much more evidence supporting the notion that there was negligence on the part of the defendant which caused the fatal accident. There is much more time and work that must go into mounting a successful Arizona wrongful death claim. If you have a case for filing an Arizona wrongful death claim, it is critical that you win your case and obtain the most compensation. Working with an Arizona wrongful death attorney will increase your chances for a favorable outcome.

Finding A Compassionate Arizona Wrongful Death Attorney

The Spanish speaking, bilingual Arizona wrongful death attorneys at ELG can review your case to confirm it’s feasibility for a wrongful death claim. Call the attorneys at ELG today and set up a free consultation at either of our Phoenix or Mesa wrongful death law offices at 623-562-3838.