Wrongful Death Lawyer
In order to prove wrongful death, workers' compensation attorneys only need to prove that the death occurred in the course of the person's employment. A work injury, exposure to harmful chemicals, or any other way that work could have caused their death could entitle the dependents to workers' compensation. Attorney Gilbert Fisher can help you through this complex process to receive all due benefits.View transcript
People often ask about wrongful death cases. And in fact, when we're talking about a workers' compensation case, we do not have to prove that the death was wrongful, just that it happened in the context of employment. That might be because someone was in an injury that caused their death. It might be because they were exposed to some hazardous condition that caused their death through their employment. But in the context of workers' compensation, we don't have to prove whose fault it was. We just have to show that the death occurred in the course of their employment. Over the course of the last 20 years as a workers' compensation attorney, I've often handled cases that included cases where someone has died as a result of a work injury. When someone dies as a result of a work injury, or the result of an exposure to something at work, or if work is involved in causing their death, the dependents of that person might be entitled to death benefits under California Workers' Compensation law. If you know of someone, a loved one or a family member who has passed away, and you have any idea at all that their work contributed to their death, you would want to talk to a workers' compensation attorney as soon as possible to determine whether or not the dependents of that person are entitled to benefits. In my opinion, lawyers do two or three things that are absolutely crucial in a workers' compensation case. For one thing, we file the necessary paperwork to protect your rights under any applicable statutes of limitations. In other words, we make sure that time doesn't stop you or bar you from getting the benefits you might deserve. The next thing we do is help you get proper medical care. Getting the proper medical care in workers' compensation can be difficult, and attorneys can help you find the right doctors and cut through the red tape involved in getting that medical care. And lastly, attorneys can simply just consult with you and explain to you what your rights are and what to expect next, and how to prepare for the next phase of your case. We have a range of qualified staff that help our clients resolve their issues, whether that be getting their mileage paid from the insurance company, or setting up a medical exam, or any of the other types of issues that come up routinely in a workers' compensation case. Of course, when they go to court, it'll be with me, but at other times we have other people who will help them depending on the problem that they have. When someone dies as the result of a work injury, obviously, that person's not around to file their own claim. And in fact, there's not a claim on behalf of the person who passed away. The claim is for their dependents. So someone who has a father, a mother, someone who they were dependent upon who has died. And if you think that there's some relation to their work, you would want to seek the advice of a work comp attorney.