The loss of a loved one is an emotional time for any family. But when his or her death was caused by someone else’s negligence, it can feel devastating. Dealing with legal issues while you are mourning the loss of your loved one is even harder. You can count on the Minnesota Workers’ Compensation Lawyers at Fields Law Firm to be here for you every step of the way and give you the advice and guidance you need to get through this difficult time.

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Wrongful Death of a Father

A hard working 30-year-old migrant worker was suddenly killed while riding as a passenger en route to a job site. He’d come from Mexico on a work visa and had dreams of someday owning and operating his own business in Minnesota. He loved America and wanted, someday, to immigrate to the states and bring his entire family to Minnesota.

At the time of his death, he had an 8-year-old daughter to whom he sent his weekly earnings. With his passing, his family, who was already impoverished, was left to figure out how to replace this much-needed income this caring father had been sending.

The family reached out to the Fields Law Firm. Our Wrongful Death Attorneys took up the case and helped the family navigate and understand the legal system that, to this family from Mexico, was very perplexing. Our attorneys worked with the insurance adjuster, filed the necessary records and made appearances at hearings in District Court, and then negotiated a settlement that provided sufficient money to meet the needs of the young girl who had suddenly and inexplicably lost her dad.

While this wonderful dad was irreplaceable, the family was overjoyed that they now had the financial resources to take care of his child. The entire Fields Law team was extremely proud to have helped this family through this difficult time.

Just like this family, losing a loved one doesn’t just put emotional stress on your family, it can also put a strain on your finances. At Fields Law, we will help you understand all of your options. You may be able to receive benefits through a variety of programs, such as:

• Social Security Disability
  If you lost a spouse who qualified for Social Security Disability, you may be able to receive some or all of his or her benefits.
• Workers’ Compensation
  Your loved one’s Workers’ Compensation benefits can help provide for your family after a fatal construction injury.
• Third-Party Liability Coverage
  If someone besides your family member’s employer contributed to his or her death, you may be able to hold them responsible for pain and suffering and other damages not covered by Workers’ Compensation benefits.

Occupations Linked to Fatal Injuries and Accidents

Some jobs are more dangerous than others, and workers may be at risk of serious injuries or even death if their co-workers, managers, or foremen are negligent. Some of these jobs include:

• Construction Workers
  Construction workers are at constant risk of being injured or killed by heavy machinery, falling objects, structural collapses, and unsafe building sites. Construction accidents caused by safety hazards, such as equipment malfunction, negligent workers on the job site, or structural collapses can lead to serious, and even fatal, injuries. If you’ve lost a loved one in a construction accident, Fields Law Firm is here to help you get the benefits you need to support your family.
• Truck Drivers
  The transportation industry can be dangerous, as truck drivers are often on the road for days at a time even in bad weather conditions. Winter storms and heavy traffic can cause serious, and sometimes fatal, accidents.
• Loggers
  People who work in forestry are cutting, clearing, and hauling trees and often face the risk of being injured by heavy equipment and crushed by falling limbs, branches, and trees. In addition, these workers are also at risk of severe cuts and lacerations from chain saws and other cutting equipment.

If someone you love sustained a fatal injury on the job site, the employer is primarily liable for dependency benefits and burial expenses. However, if the fatal injury was caused by the fault of a third-party, other than the employer, you may also bring a wrongful death claim for your loss.

Death and Dependency Benefits Under the Workers’ Compensation Act

In general, if you are the spouse or a dependent of the decedent, you may be entitled to receive benefits based on the decedent’s weekly wage on the date of the employee’s injury. These dependency benefits will be apportioned between the surviving dependents and spouse, if any, according to the law. The actual amount received by the spouse and dependents will depend on the number of surviving dependents and the law that applies to your specific case.

Depending on the fatally injured worker’s situation at the time of death, the Workers’ Compensation insurer may be required to pay burial expenses, dependency benefits, and unpaid Workers’ Compensation benefits that have accrued at the time of the worker’s death. Burial expenses may be available to cover some of the costs of the decedent’s burial.

If the employee had unpaid Workers’ Compensation benefits prior to his/her death, a certain portion of those benefits may survive the employee’s death. Which benefits survive the employee’s death is controlled by the governing law in place at the time of the employee’s death.

Wrongful Death

In some situations, a wrongful death claim can be brought against the person, entity, or manufacturer whose fault caused the death of your loved one. For example, if a road construction worker dies because a driver failed to slow down in the construction zone and caused a fatal accident, a wrongful death action can be brought against the negligent driver.

If a manufacturer of heavy construction equipment defectively manufactured a machine that caused the death of a worker, a product liability claim may be brought against the manufacturer.

If an elevator maintenance subcontractor working on the job site negligently failed to turn off the power to an elevator which crushed a painter working in the elevator shaft, a third-party liability claim may be brought against the negligent subcontractor.

The law that applies in wrongful death cases requires that someone be court-appointed to represent the next-of-kin of the decedent in order to commence a wrongful death claim to pursue compensation.