Workers Compensation provides only a modest amount of the total financial loss a family experiences after losing a loved one in a fatal Rhode Island workplace accident. In some cases, survivors have the legal right to seek more generous and extensive financial recovery over and above worker’s comp benefits for a deadly accident if a third party, non employer, tortfeasor is at at least partially at fault and negligent. However, filing a claim for recompense in a RI deadly workers compensation case can be difficult and usually requires hiring a reputable Rhode Island wrongful death attorney. Sometimes survicors do not know whether a death is work related. A projo obituary will be of no assistance.
OSHA fatal construction accident stats
According to statistics maintained by OSHA (Occupational Safety & Health Administration), more than 4600 construction employees in the U.S. lose their lives every year in accidents while working on the job. These fatalities are catastrophic and leave surviving families devastated and overwhelmed while grieving. Often times, the loss of the major breadwinner creates a significant impact on the financial stability of the household. Some families cannot afford the cost of a projo obituary never mind a funeral.
Because of that, surviving family members have the legal right to obtain compensation from a work-associated wrongful death or deadly work related mishaps by using two legal approaches that include:
- Filing a claim for workers’ compensation benefits as a result of the deadly work related mishap
- Filing for a wrongful death lawsuit against a third party responsible and at fault for the fatality.(Pursuant to the RI wrongful death Statute, only the executor of the deceased estate
On the Job Fatality Compensation
Pursuant to RI Law, a spouse, family member, child or parent cannot obtain wrongful death damages, recourse or compensation AGAINST their employer when a worker is killed during the course of their employment. “§ 28-29-21 Wrongful death law inapplicable. – In all cases where an employer and employee have elected to become subject to the provisions of chapters 29 – 38 of this title, the provisions of chapter 7 of title 10 shall not apply while those chapters are in effect.”
Nonetheless,the families of the worker who died in the scope of his employment are not required to prove negligence or fault to obtain benefits. “§ 28-33-12 Death benefits payable to dependents. – (a)(1) If death results from the injury, the employer shall pay the dependents of the employee wholly dependent upon his or her earnings for support at the time of his or her injury or death, whichever is the greater in number, a weekly payment equal to the rate that would have been payable for total incapacity to the deceased employee under the provisions of § 28-33-17, except as provided in this section in case the dependent is the surviving spouse or child under the age of eighteen (18) of that employee. (2) If the dependent is a surviving spouse, or surviving spouse upon whom there is dependent one or more children of the deceased employee including an adopted child or stepchild under the age of eighteen (18) years or over that age but physically or mentally incapacitated from earning, the employer shall pay the surviving spouse the weekly rate for total incapacity the deceased employee would have been entitled to receive under the provisions of § 28-33-17 plus forty dollars ($40.00) per week for each dependent child.”
Proving that an employee died at work is not enough to obtain benefits as a result of the fatality, the RI Workers compensation lawyer must also establish that the death arised “out of and in the course of his or her employment, connected and referable to the employment…” http://webserver.rilin.state.ri.us/Statutes/title28/28-33/28-33-1.HTM
Obtaining workers compensation benefits for a wrongful death in RI should be simple, but oftentimes insurers and employers neglect to follow worker protection laws. Survivors are entitled to receive these benefits for nearly many on-the-job fatality if the employee died while performing their work duties. In some states, dependents receive ongoing income payments along with reimbursement for funeral expenses and burial costs.
Providence workers compensation court
The rules and regulations governing workers’ compensation in Providence Workers Compensation Court are designed to prevent surviving family members from filing suit against the decedent’s employer, supervisors, associates and coworkers. However, a skilled Rhode Island personal injury attorney or RI workers compensation lawyer with a comprehensive understanding of wrongful death tort law can ensure that the surviving family members receive the compensation they deserve and need.
A reputable Providence wrongful death law firm can seek maximum benefits and available recompense by thoroughly investigating the claim, reviewing circumstances and filing a case against every individual or entity at fault for the work-associated death. In many incidences, a lawsuit can be filed against a third party whose negligent action or inaction contributed to the victim’s death. Potential third party defendants could include:
- Property developers, project managers, architects or engineers
- Faulty tool makers and defective machinery manufacturers
- The driver who caused the work-related accident that killed the victim
- Property owners and/or others in charge of a property who failed to repair a hazardous condition
- Manufacturers of hazardous chemicals or dangerous materials like asbestos that killed the worker through exposure
Filing a Third Party Lawsuit in Providence Superior Court
In some cases, wrongful death attorneys in Rhode Island working on behalf of the executor of the estate and surviving family members will file a lawsuit for compensation against third party negligent tortfeasors. However, the RI fatal accident lawyer must prove that the third part entity negligently, intentionally or maliciously caused the accident through their action or inaction. Third party lawsuits can be filed against any non-employer party at fault for the accident seeking broader financial compensation that includes:
- The mental pain and emotional anguish suffered by the decedent’s surviving family members
- Funds for medical expenses incurred before the death of the loved one
- Funeral and burial costs
- Recompense for loss of companionship and consortium
- The loss of future income of the decedent because of their untimely death
Hiring a top Rhode Island workers comp Lawyer
Complex workers compensation laws otherwise known as workers comp statutes and state tort law for third party wrongful death lawsuits are often extremely complicated. Surviving family members filing action for benefits and recompense for the death of a construction worker are often well advised to seek the experience of an experienced wrongful death lawyer or Rhode Island construction accident attorney skilled in handling complex construction accident cases.
A reputable Rhode Island personal injury attorney or RI workers Compensation attorneys will gather every necessary report, review medical records, investigate the scene of the accident and prepare the case for the hearing, settlement negotiation or trial. These types of cases are typically handled on contingency. This means that the survivors will have access to immediate legal representation without the need of paying upfront fees. Alternatively, all legal services are paid through the out of court settlement or from a jury award successfully won at trial. More information