Filing a wrongful death claim for a workplace accident in Delaware allows families to seek compensation for the loss of a loved one. This helps you hold the negligent parties accountable and ensures you receive the financial support you need during a difficult time.
When someone close to you dies due to a work-related injury or accident, you need to understand the legal process.
Steps to take after a workplace accident death
In Delaware, immediate family members, including spouses, children and parents, have the right to file a wrongful death claim. Delaware law sets a statute of limitations of two years for filing these claims, so it is important to act within that time. You should collect relevant evidence, such as accident reports and witness accounts, to demonstrate the other party’s negligence.
How Delaware handles wrongful death claims
In Delaware, wrongful death claims for workplace accidents aim to determine if the death was due to employer negligence or the actions of a third party. Delaware courts will review whether unsafe working conditions, defective equipment or safety failures played a role. Compensation in wrongful death claims may include damages for funeral expenses and lost future income. Delaware law also permits families to recover compensation for the mental anguish and loss of companionship experienced due to the death.
The relationship between wrongful death claims and workers’ compensation in Delaware
The Delaware workers’ compensation system provides certain benefits for workplace deaths. These benefits can cover funeral expenses and offer a portion of the deceased’s wages to dependent family members. However, workers’ compensation benefits often do not fully address the long-term financial impact of losing a loved one. While workers’ compensation generally shields employers from further liability, families in Delaware may still pursue a wrongful death claim if negligence or third-party liability is a factor. This could provide additional compensation beyond what workers’ compensation offers.
Navigating a wrongful death claim in Delaware after a workplace accident requires an understanding of both the workers’ compensation system and the legal avenues available for pursuing further compensation. The law enables you to seek justice and secure compensation to help cover the financial and emotional losses from such a tragedy.