Fatal Workplace Accidents And Job-Related Deaths
Workers’ compensation pays certain benefits to surviving family members if a death is determined to be work-induced. Employers can be at a distinct disadvantage in contesting these claims, particularly if no one witnessed the death.
Walsh and Hacker has successfully challenged workers’ compensation death benefits claims. Our experienced lawyers know how to resist bogus claims. We have also assisted clients in negotiating lump sum settlements to mitigate costs and close the case.
Defending Against Death Benefit Claims
Fighting a death claim is the legitimate right of employers and their workers’ comp insurance carriers. We know how to raise viable defenses to question whether the death was in fact work-related.
We have litigated, arbitrated and negotiated death benefit cases relating to an employee who died at work:
- Fatal workplace accidents — Was the employee on duty? Did the employee’s own actions lead to death?
- Heart attacks — Did the rigors of the job induce cardiac arrest, or did the worker have heart disease and other pre-existing conditions unrelated to the occupation? Did the worker have previous heart attacks? Morbid obesity? Smoking habit?
- Occupational disease — Did a lung ailment connected to workplace exposures contribute to the death or was the cause of death completely unrelated?
- Unwitnessed death — An unwitnessed death is presumed to be compensable unless proven otherwise. Do the medical records and coroner’s exam indicate other causes?
Speak With An Experienced Attorney Today
We stand by our record in Workers’ Compensation Law Judge (WCLJ) hearings and Workers’ Compensation Board contested proceedings. To analyze your options to fight or mitigate a death benefits case, contact our office today.