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Workers' compensation and a loved one's sudden workplace death

The day in which a loved one is tragically killed in a work accident often starts out like any other. Oftentimes, nothing about the start of the day seems unordinary. This can really hit home with West Palm Beach families who have lost loved ones when they died in a work accident.

There are a few things that one should understand about workers' compensation, liability and how it can affect your family after a loved one's unexpected work death. Workers' compensation is a mandatory insurance policy that employers are required to be enrolled in. It helps to protect employers and employees when a work accident happens. If a family accepts workers' compensation after a loved one's work injury or work death, it can affect their ability to seek additional compensation.

This means that those that accept workers' compensation benefits cannot file suit against the employer or related third party believed to have been negligent for a workers death. This sometimes isn't ideal for those who believe there was a level of negligence that affected their loved one's death. For those who want to file a wrongful death suit, the right to workers' comp would have to be waived in order to proceed. Workers comp' generally coveres approximately 2/3 of a worker's wage and is not taxed.

A family may come to the decision that workers' comp benefits are satisfactory after their loved one's work death. In other cases, they may choose to pursue a wrongful death lawsuit, in which one must prove negligence on behalf of the employer in order to receive these death benefits.

Source: injury.findlaw.com, "Workers' Comp Benefits Explained," Accessed May 8, 2017

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