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The tragedy of losing a loved one to a work-related illness can break a family. However, there’s another layer of sadness added to it when the illness is from long-term exposure to asbestos, silica, or other hazardous materials for families, it means mounting medical expenses, lost income, and the painful knowledge that their loved one’s illness was preventable.
However, few families know that they have the option to file an occupational wrongful death claim to hold responsible parties accountable and secure compensation for losses. This quick guide explains the most important things every family should know when proceeding with such a claim.
Understand Who Can Actually File
Many families believe that any close relative can file a lawsuit, but the law is more restrictive. In most cases, only the personal representative, like the executor or administrator of the deceased persons’ estate may proceed with a wrongful death claim. Therefore, while spouses, adult children, and parents may be entitled to the proceeds of a settlement or judgment, they can’t always file a lawsuit on their own.
Getting proper legal assistance makes a great deal of difference in occupational health cases, as many of those claims involve multiple layers of liability. The problem is that if a worker dies from lung cancer linked to asbestos or silica exposure, the injury may have originated many years or even decades earlier. A lung cancer lawyer understands this point and can help families determine the best way forward.
What Evidence Matters Most
Understanding the type of evidence needed to make your case is essential. In these types of claims, documentation matters a lot, which is why it’s essential for families to find and preserve proper records to establish workplace exposure. Evidence includes the following:
- Work history, including dates and locations of employment
- Detailed notes regarding hazardous materials at work
- Medical records, which prove the illness and its treatment
- Expert opinions that relate the exposure to the resulting death
- Statements from coworkers about working conditions
- Any company records or safety violations that show the employer or manufacturer knew of the hazards.
Remember, the most common mistake people make is delaying the collection of evidence for too long. Workplace conditions change, company records are discarded, coworkers retire or relocate, and memory fades. Therefore, the sooner the family contacts an attorney, the sooner the process of preserving evidence can begin.
Recognize What Compensation Covers
Another thing that many families get wrong is how compensation in occupational wrongful death cases is calculated. These claims often pay out far in excess of what most families would expect, particularly where the decedent was a significant, if not the primary, breadwinner. The payout covers several kinds of damages, each with its own calculation. Economic damages are important and include all the financial losses you can quantify, like:
- Medical bills
- Lost wages and income
- Loss of future earning capacity
- Lost benefits, such as health insurance coverage, pension contributions,
It’s worth mentioning that in occupational wrongful death cases, there’s another claim involved, known as the “survival action” claim. This is distinct from the wrongful death claim and provides compensation for the pain and suffering a person endured from diagnosis until death. Again, these moving pieces are better managed with the assistance of a lawyer, so don’t overlook the importance of hiring the right expert.
Endnote
If your family has lost a loved one to an occupational illness, such as lung cancer due to asbestos or silica exposure, now is the time to seek expert legal assistance. The sooner you know your rights, preserve the evidence, and investigate all the compensation options the sooner your family can pursue the justice and financial recovery you deserve.