Coincidence or Negligence: Assigning Blame in Incidents of Wrongful Death

In the wake of sudden tragedy, we often find our thoughts to be flooded with questions of why? How could this have happened? How could it have been prevented? You start picking apart the little details, trying to find the exact moment when things went wrong, where they reached a point of no return. Eventually, all the little issues might start to stack up and point back to one answer–one thing that could have allowed for the crisis to be averted. You realize that the incident really could have been prevented if only the proper precautions were taken.

If this is all sounds familiar, you might be the victim of a wrongful death or injury, and this very situation is a lot more common than you might expect. In fact, accidents are the fourth leading cause of death in the United States, behind heart disease, cancer, and covid-19. There are approximately 300,000 cases of accidental deaths and 400,000 personal injury cases reported annually in the U.S. If you or a loved one are a part of this number, it’s important to know what you’re entitled to.

Car Accidents

If you’ve ever been afraid of flying, then surely you’ve heard the saying that you’re more likely to die on the way to the airport than on your flight–and it’s the truth! Road-related accidents are so common, in fact, that you have at least a 30% chance of ending up in a fender-bender each time you get behind the wheel. Of the almost six million car crashes that occur in the United States each year, approximately 40,000 result in a fatality–with roughly 1200 road-related deaths each year in Chicago alone.

The top causes of car accidents in the United States include; driving while under the influence, driving while distracted, and otherwise reckless driving. What do these causes all have in common? They are all rooted in negligence. Each time a person gets behind the wheel, they are taking on the responsibility of keeping others safe by following all traffic laws. If a driver does not fulfill their duty of safety and their negligence causes another person’s death, then they could find themselves subject to a wrongful death lawsuit and be forced to give financial compensation to the victim’s family for any medical bills, lost wages, and additional pain and suffering.

Medical Malpractice

Many people get nervous anytime they have to go to the hospital, and this fear is certainly justified given the fact that medical errors are found to be the cause of nearly 100,000 deaths each year, making up almost 10% of annual deaths in the United States.

One of the top errors reported in medical malpractice lawsuits is misdiagnosis, where a doctor simply reads a patient’s chart incorrectly and fails to alert them of a serious health condition. The doctor could be held negligible for the patient’s death in this case because were it not for their failure to correctly diagnose the patient, then the patient might have survived. Another common cause of medical malpractice-related fatalities is surgical errors, where a doctor makes even the tiniest mistake–maybe improper sterilization, maybe a knick in a vital organ–that changes the trajectory of the whole procedure and causes the death of the patient.

If someone you love suffers from a wrongful death at the hands of their healthcare provider, you should consider filing a wrongful death lawsuit against their practice. Doing so could earn you and your family financial compensation for any pain and suffering that you experienced, and could also help to prevent any other families from facing the same tragedy.

Worker’s Compensation

No one expects their regular 9-5 work day to end in tragedy, but the possibility is entirely real. If you lose a loved one in a workplace incident, you are entitled to benefits through the workers compensation program. However, these benefits only cover a fraction of the victim’s lost wages, without even beginning to provide compensation for the pain and suffering that you face as a result of losing your loved one. If you suspect that your loved one’s employer failed to comply with safety regulations put in place by the Occupational Safety and Health Administration (OSHA), you should file a wrongful death lawsuit so that you can receive the full compensation you are entitled to. Filing a wrongful death lawsuit could also help to reinforce the importance of safety in the workplace and could prevent another family from having to go through the same heartache of losing a loved one to employer negligence.

All the Paperwork You Need When Filing For Workers Compensation

Experiencing an accident at work can be a devastating experience. However, claiming worker’s compensation can minimize the stress of recovery. Even so, claiming worker’s compensation is a battle in and of itself.

Visit this website to learn more about what a worker’s compensation lawyer can offer. They will highlight your rights and help you find the best medical benefits and disability plan. If a company denies your claim, your lawyer can also help you discover why. A skilled attorney can make the worker’s compensation process as smooth as possible.

What Are the Filing Timelines To Be Approved for Worker’s Compensation?

To be approved, obey the filing timelines. You have 90 days to file an injury report with your employer. You should file a report sooner rather than later. Right as the injury occurs is the best time to file the report, especially when there are witnesses involved that can give an account of what they saw to your Human Resources Manager.

Depending on your state, you may have up to a couple of years to file with your local worker’s compensation commission. As soon as you have your injury report reported to your employer and receive the necessary paperwork, submit it to the local worker’s compensation commission to expedite your claim quicker.

The Paperwork You Need To File a Worker’s Compensation Claim

Here is a description of all the paperwork you will need along the way.

Medical Authorizations

Medical authorizations come from your health insurance stating that the treatment you need is necessary for your health. It may also be called a pre-authorization or a prior authorization.

However, receiving medical authorization does not mean your health insurance will cover the treatment. Call your insurance company or medical provider to check if the treatment is covered.

Wage Records from Your Employer

Bring at least one month’s worth of paystubs to calculate the average amount you make from your job every week. The paystubs should have the company’s name somewhere on it along with your hourly or salaried rate for proper calculation.

All Your Current and Past Medical Records

Worker’s compensation claim representatives want to see your medical records to get a snapshot of your medical history before the workplace accident occurred. They want to evaluate if the accident will exacerbate any existing conditions that you already have so that you can be paid out accordingly when your claim is approved.

Statements from You, Your Employer, and Witnesses

You should immediately go to your Human Resources Manager and file your statement when your accident occurs. They will add statements from your work manager and witnesses who saw the accident happen.

The statements should be formally typed up in a document containing company letterhead and signed by a designated company representative. Hence, it will be a legally binding representation of what truly happened during the incident and will be legitimate enough to add to your worker’s compensation paperwork.

How Will My Workplace Be Found Negligent in Paying Out My Worker’s Compensation?

A worker’s compensation representative will conduct a thorough investigation if you have a slip-and-fall or another workplace-related incident. They will review video cameras from the day of the incident to corroborate evidence of your claim.

Be mindful that filing a worker’s compensation claim means a private investigator may be watching you. Your employer’s insurance company may fund a private investigator to follow you and reassure you that you are not lying about your injuries. Doing so is a protocol measure to know that you are telling the truth and acts as a defense on your employer’s behalf.

Conclusion

When filing your worker’s compensation claim, take everything one step at a time. It will all fall into place as you stay on top of the process and remain patient. Seek comfort and support from your close family and friends through the process, and know that you are not alone.

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