Death in the Workplace
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Phoenix On the Job Wrongful Death Attorney
Can A Wrongful Death Claim be Pursued in Addition to a Workers' Compensation Claim in Arizona?
When somebody has been killed while they are on the job in Arizona, they are entitled to workers' compensation benefits. This is true regardless of the wrongful death analysis. However, what many people fail to recognize is that a wrongful death claim is completely separate from a workers' compensation claim. An Arizona workers' compensation claim is automatic. It does not matter who was at fault. It does not matter who caused the injury. If somebody is killed while they are on the job, they are entitled to the benefits provided under the workers' compensation system.
However, workman's compensation does not provide every available benefit that is provided in the personal injury and wrongful death system. Therefore, where it is possible, a family who has lost a loved one at work that has made a workers' compensation claim should also talk to an experienced injury and wrongful death lawyer in Arizona to find out if they can also bring a personal injury claim. Many things that are provided in a personal injury claim are not provided for simply by making a workers' compensation claim. For instance, workers' compensation claims cap the amount of money that is paid as a result of lost income. There is no such artificial cap in the personal injury system. Every dollar that has been lost is reimbursable if there is a personal injury/wrongful death claim. Moreover, there is money compensation available to families as a result of their anxiety, frustration and their loss of their interaction of their loved one that is not available under the workers' compensation system.
One of the key factors in determining whether or not there is a personal injury and wrongful death claim outside of the workers' compensation claim is whether or not there was a negligent "third party" that caused the death of the loved one. For instance, many times on a construction site there are multiple employees there who work for different companies. If the person is killed as a result of their own negligence the negligence of somebody else who also worked for the same company, usually they will be limited to only making a workers' compensation claim. However, somebody killed on the job site – any job site, including construction – that died as the result of the negligence of somebody who worked for a different company than their own (or even the result of the partial negligence of somebody from another company, even if some of the negligence was for somebody who worked with their company) they may be able to make a personal injury and wrongful death claim in addition to the workers' compensation benefits. This can be a very important yet often overlooked resource to a family who has lost a loved one.
