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Seeking Justice After a Wrongful Death in a Work Zone

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Although death is an inevitable part of life, the untimely passing of a loved one due to someone else’s negligence can make a tragic situation even worse. While transportation and construction jobs have a higher risk of workplace accidents, on-the-job deaths can occur in any occupation and under a variety of conditions. If you lost a loved one after a wrongful death in a work zone, our firm is here to help.

Worker’s Compensation Insurance Coverage

Workers’ compensation is intended to offer financial assistance to those who are injured or killed on the job. This insurance coverage is designed to cover medical bills, lost wages, and other costs related to workplace injuries. Businesses that fail to provide worker’s compensation coverage could be held legally and financially liable for injuries that occur on the job.

Although worker’s compensation coverage can be immensely helpful in reimbursing those harmed or killed in the workplace, there are certain limitations in place regarding what is covered. In most cases, individuals must meet these four criteria in order to qualify for worker’s compensation coverage:

  • The party must be an employee of the company
  • The employer must carry worker’s compensation insurance
  • The injury, illness, or death must be work-related
  • The party must meet the state’s required deadlines for filing

A knowledgeable attorney could help an injured worker or their family assess their eligibility for worker’s compensation payments after a severe or fatal injury on the job.

Can Independent Contractors Seek Financial Relief?

It is important to note that independent contractors, freelancers, consultants, and other non-employees are exempt from worker’s compensation coverage. These individuals are not considered company employees, meaning that the employer is not required to include them in worker’s compensation benefits.

Fortunately, those exempt from worker’s compensation coverage are not without options in the case of a workplace injury. Through a personal injury or wrongful death lawsuit, an injured party or their surviving family members could pursue compensation from the employer directly. If a third party, such as a general contractor, subcontractor, or negligent equipment manufacturer, is responsible for the workplace death, the surviving family members could also be able to file a wrongful death action against the third party rather than the employer.

In order to seek compensation through an injury suit, you will need to prove that the employer or another party acted negligently, causing injuries or death. An attorney could assist with this, gathering evidence from the accident and consulting with expert witnesses to establish liability.

Discuss Your Workplace Wrongful Death Case with a Dedicated Attorney

If you or someone you care about has been injured or killed on the job in Indianapolis, do not wait to take legal action. At Yosha Cook & Tisch, we are dedicated to getting you and your family the compensation you deserve. A skilled attorney could review your case, determine who is at fault, and work with you to seek financial relief. To schedule a free initial consultation with an experienced member of our legal team, call us today.

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