What is the Difference Between Death Benefits and a Wrongful Death Claim in California?

If you are dealing with the loss of a loved one after a workplace accident in California, it’s easy to feel overwhelmed and confused by legal terminology. You may be confronted with terms like “negligence,” “death benefits,” and “wrongful death” without fully understanding what any of these phrases actually mean. One of the most important things to recognize is the difference between death benefits and wrongful death claims. Although both of these can help you receive compensation for your loss, they are actually two very different concepts. 


The best way to approach this situation in an efficient manner is to enlist the help of a qualified wrongful death attorney in Chula Vista. Not only can these legal professionals explain the various options available for recovering compensation, but they can also help you receive this compensation in an effective manner. If you’re serious about providing for yourself and your family in these uncertain times, it’s best to hire the most qualified and experienced wrongful death attorney you can find. 


Wrongful Deaths Claims Don’t Have to be Work-Related


The first thing you need to know about wrongful death claims is that they don’t have to be work-related. You can file a wrongful death claim if your loved one passed away after virtually any accident imaginable, including car accidents and collisions involving drunk drivers. On the other hand, death benefits from workers’ compensation are always work-related. You can only receive death benefits if your loved one passed away due to an accident on the job. 


Workers’ Compensation Protects Employers from Being Sued


At first glance, workers’ compensation is a much-needed lifeline for families who have lost loved ones due to workplace accidents. Death benefits provide considerable compensation to these families, helping them pay the bills after losing a primary wage-earner. However, it’s also important to realize that workers’ compensation protects employers from being sued – even if their negligence caused the injury. 


When Can I File a Wrongful Death Claim After a Workplace Accident?


If your loved one passed away due to a workplace accident, you cannot file a lawsuit against their employer for negligence. However, you can sue a third party that was negligent. These third parties might include contractors, product manufacturers, and property owners. These parties are not protected by the legal immunity of workers’ compensation, since they are not the deceased individual’s employer. 


Can I Receive Death Benefits AND File a Wrongful Death Claim?


Yes! You can receive death benefits from workers’ compensation while still filing a lawsuit against negligent third parties. The two are not mutually exclusive. In fact, doing this is the only way to receive compensation for non-economic damages, since workers’ compensation does not provide you with this. 


Enlist the Help of a Qualified Wrongful Death Attorney Today


If you’ve been searching California for a dependable, experienced wrongful death attorney, look no further than the Law Offices of Bruce S. Meth. We are specifically experienced with wrongful death claims, and we can help you recover a fair, adequate compensation amount following your loss. Reach out today, and we can develop an action plan together. 

0 replies

Leave a Reply

Want to join the discussion?
Feel free to contribute!

Leave a Reply

Your email address will not be published. Required fields are marked *