Can I File a California Wrongful Death Claim If My Loved One Was Killed at Work?


At Hanning & Sacchetto, our wrongful death attorneys in Whittier represent clients throughout California who have tragically lost their loved ones to negligence on our roadways or at work, so they can pursue the financial recovery they need to move forward and fully grieve with their families.

When someone loses a loved one at work, there may be some confusion about who is liable for their death, and whether eligible family members can pursue a wrongful death claim or death benefits provided by the employer’s workers’ compensation insurance coverage.

Here is what our clients need to know when facing such a challenging event.

What is the Difference Between Wrongful Death Claims and Workers’ Comp Death Benefits in California?

Workers’ compensation provides financial benefits to employees who are injured at work, or to dependents whose loved one was killed at work.

It also protects the employer from being sued by the family for job-related deaths.

Even if the employer was negligent or contributed to a dangerous workplace environment, our workers’ compensation laws protect the business from a liability lawsuit.

However, if a workplace death was caused by third-party negligence, which could include equipment manufacturers, general contractors, or subcontractors, the surviving family members may be eligible to file a wrongful death claim against the liable party — not the employer.

What Evidence Do I Need To Pursue a Wrongful Death Claim After a Workplace Fatality?

To file a wrongful death claim in California, surviving family members must first prove that another party’s negligence — someone other than the employer — caused their loved one’s death.

Next, the family will need to prove they suffered damages from their loved one’s death, which could include the loss of income, benefits, and consortium.

At Hanning & Sacchetto, our Whittier wrongful death attorneys can help outline your case to help you understand who was liable for your loved one’s death, and the right legal approach to pursuing a third party or workers’ compensation death benefits for your financial recovery.

To learn more about who is eligible to file a wrongful death claim in California, contact our skilled personal injury attorneys in Whittier today to schedule a free consultation.

Have You Lost a Loved One in a Workplace Accident in California? We Can Help.

If you have lost a loved one in a workplace accident in California, contact our experienced Los Angeles County wrongful death attorneys at Hanning & Sacchetto, LLP today by calling (562) 698-6446 to learn how we can pursue the financial recovery you may be entitled to for your loss.

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