Can I File A Wrongful Death Or A Workers Compensation Claim For Workplace Toxic Exposure?

by Kristen White Blogger

Accidents can happen anywhere at any time. While some cannot be avoided, others such as when an employee loses their life due to their employer’s negligence are so disheartening. It’s not uncommon for Alaskan employees to be exposed to toxic chemicals in their workplace. Unfortunately, toxic chemical exposure may not only need to long term illness but the loss of life. Most employers are aware of the toxic substance in the workplace but fail to protect their employees. In the case of toxic exposure that leads to death, one may get compensated either through a wrongful death claim or workers' compensation.

 How Toxic Exposure Leads To Death

 Toxic materials pose a threat to human life if they enter the body. Chemical toxins are the common ones that are found in workplaces. Others are in radiation or biological nature. Toxic exposure in the workplace is always overlooked. Besides, symptoms take time to appear. These poisonous substances pose a wide range of health hazards to employees. While not all hazards are associated with toxic exposure, any related hazards are worse enough to lead to death. If your loved has lost their life due to toxic exposure, you need an experienced lawyer guide you on whether to file workers' compensation benefits or file a wrongful death claim.

Do I File A Wrongful Death Claim Or Workers Compensation?

One of the burning questions in the minds of the surviving family members is where to seek compensation. Is one supposed to file a wrongful death claim or seek death benefits through workers' compensation? Top attorneys in Wasilla Ak know that it’s not easy to lose a loved due to negligence. It becomes so hard to deal with such a situation. But the best part is that one may get monetary compensation to ease their financial burden. The fact is that in most cases, the surviving members are denied the chance to sue the employer to the deceased as they are covered under workers' compensation insurance. However, one can file a wrongful death claim if the death was linked to someone’s negligence. As such, the plaintiff only needs to:

ü Prove the death was due to someone’s negligence

ü The deceased had a family that depended on him/her.

ü Due to the death, the family members suffered a loss.

  If seeking death benefits through workers' compensation, you don’t need to prove that your employer was negligent. But the amount to be received will typically be less compared to what would be obtained in a wrongful death claim. If you have any questions regarding wrongful death in toxic exposure, speak to top attorneys in Wasilla Ak.

Wrongful Death Claims Are Complex

Anyone harmed in a toxic exposure should consider speaking with a personal injury attorney in Wasilla. It’s not easy to deal with the law when one is bereaved. In any civil lawsuit, the plaintiff is always attempting to recover the maximum compensation for injuries suffered. Thus, it becomes of great importance to determine all the expenses incurred in a personal injury claim. While it’s easy to decide on damages such as lost income or medical expenses, it becomes hard to quantify the deceased's amount of suffering. Wrongful death claims arising out of toxic exposure are complex. If your loved one suffered injuries due to toxic exposure, you might seek help from a personal injury attorney in Wasilla. The circumstances surrounding each case are different. The worst part is that much of the knowledge of the toxic exposure remains with the deceased. The best way to ensure success of your claim is to seek legal advice from lawyers who have dealt with toxic exposure cases before.

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About Kristen White Committed   Blogger

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Joined APSense since, August 19th, 2016, From Chicago, United States.

Created on Oct 14th 2020 02:57. Viewed 184 times.


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