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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41220
Experience:  I provide employment and discrimination law advice in my own practice.
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If your husband dies on a job and workmans comp pays the funeral

Resolved Question:

If your husband dies on a job and workman's comp pays the funeral home can you still sue the company?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 3 years ago.

Thank you for your question. Please permit me to assist you with your concerns.

My condolences to you on your loss. Obtaining worker's compensation benefits and getting funeral expenses paid for is NOT a means by which the company is considered to be off the hook. If the company offered those benefits and gave you something to sign claiming that they are going to be 'held harmless' from liability, that is different, but if the company simply provided that benefit, it does not in any way limit their liability--you can most definitely still file suit against them if you believe you have a claim. Just do not sign anything where the company suggests that you will give up rights to file, and if you never signed anything the ability to sue still exists.

Good luck.

Dimitry K., Esq. and 3 other Employment Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you so much, Do workers comp still have to pay me my husband salary and I can still get an attorney?

Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your follow-up, Rachel. I am most glad to assist, and you are most welcome.

I cannot tell you whether or not workers compensation still have to pay you your husband's salary or not--that depends on the contract and th insurance benefits provided to you under the benefit. Most have a death benefit pertaining to insurance based on a set amount of wages that has to be paid out if the death was caused by an on-the-job injury, but without reviewing the language personally I cannot give you a more specific response. As for obtaining counsel, that is your right at ALL times. I strongly urge you to speak with larger firms that may experience with these branches of the law:
1. complex civil litigation
2. multiple defendants and subrogation claims
3. wrongful death and personal injury &
4. workers compensation and employment benefits claims.

In addition if your husband was a member of a union, a firm that has a background in administrative law and unions should be tapped to assist you, as this may end up being a fairly complex cause of action.

Good luck.