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Wrongful Death and Fatal Injuries

Losing a loved one because of a work-related injury is devastating. Not only are you grieving your loss, but you may also be facing an uncertain future due to funeral costs and lost paychecks.

At Fields Law Firm, we understand that this can be a difficult time for families who are trying to put the pieces back together after a tragic accident. If someone you love died on the job site due to a fatal injury, call our Minnesota wrongful death lawyers to determine what potential claims may be available and how we can help you and your family during this difficult time.

We are here to answer your questions and help you understand all of your legal options. Just dial 1-888-343-5375 or complete our free form.

Helping Your Family Heal

The loss of a loved one is an emotional time for any family. But when his or her death was caused by someone else’s negligence, it can feel even more devastating. At Fields Law, it’s our job to build a strong claim on your behalf, so you can focus on healing.

Wrongful Death of a Father

A hard working 30-year-old migrant worker was suddenly killed while riding as a passenger on route to a job site. He’d come from Mexico on a work visa and had dreams of someday owning and operating his own business in Minnesota. He loved America and wanted, someday, to immigrate to the states and bring his entire to family to Minnesota.

At the time of his death, he had an eight-year-old daughter to whom he sent his weekly earnings. With his passing, his family, who was already impoverished, was left to figure out how to replace this much needed income this caring father had been sending.

The family reached out to the Fields Law Firm. Our Wrongful Death Attorneys took up the case and helped the family navigate and understand the legal system that, to this family from Mexico, was very perplexing. Our attorneys worked with the insurance adjuster, filed the necessary records and made appearances at hearings in District Court, and then negotiated a settlement that provided sufficient money to meet the needs of young girl who had suddenly and inexplicably lost her dad.

While this wonderful dad was irreplaceable, the family was overjoyed that they now had the financial resources to take care of his child. The entire Fields Law team was extremely proud to have helped this family through this difficult time.

Just like this family, losing a loved one doesn’t just put emotional stress on your family, it can also put a strain on your finances. At Fields Law, we will help you understand all of your options. You may be able to receive benefits through a variety of programs, such as:

  • Social Security Disability
    If you lost a spouse who qualified for Social Security Disability, you may be able to receive some or all of his or her benefits.
  • Workers’ Compensation
    You loved one’s workers’ compensation benefits can help provide for your family after a fatal construction injury.
  • Third-Party Liability Coverage
    If someone besides your family member’s employer contributed to his or her death, you may be able to hold them responsible for pain and suffering and other damages not covered by workers’ compensation benefits.

Occupations Linked to Fatal Injuries and Accidents

Some jobs are more dangerous than others, and workers may be at risk of serious injuries or even death if their coworkers, managers, or foremen are negligent. Some of these jobs include:

  • Construction Workers
    Construction workers are at constant risk of being injured or killed by heavy machinery, falling objects, structural collapses, and unsafe building sites. Construction accidents caused by safety hazards, such as equipment malfunction, negligent workers on the job site, or structural collapses can lead to serious, and even fatal, injuries. If you’ve lost a loved one in a construction accident, Fields Law Firm is here to help you get the benefits you need to support your family.
  • Truck Drivers
    The transportation industry can be dangerous, as truck drivers are often on the road for days at a time even in bad weather conditions. Winter storms and heavy traffic can cause serious, and sometimes fatal, accidents.
  • Loggers
    People who work in forestry are cutting, clearing, and hauling trees and often face the risk of being injured by heavy equipment and crushed by falling limbs, branches, and trees. In addition, these workers are also at risk of severe cuts and lacerations from chain saws and other cutting equipment.

If someone you love sustained a fatal injury on the job site, the employer is primarily liable for dependency benefits and burial expenses. However, if the fatal injury was caused by the fault of a third-party, other than the employer, you may also bring a wrongful death claim for your loss.

Death and Dependency Benefits under the Workers’ Compensation Act

In general, if you are the spouse or a dependent of the decedent, you may be entitled to receive benefits based on the decedent’s weekly wage on the date of the employee’s injury. These dependency benefits will be apportioned between the surviving dependents and spouse, if any, according to the law. The actual amount received by the spouse and dependents will depend on the number of surviving dependents and the law that applies to your specific case.

Depending on the fatally injured worker’s situation at the time of death, the workers compensation insurer may be required to pay burial expenses, dependency benefits, and unpaid workers’ compensation benefits that have accrued at the time of the worker’s death. Burial expenses, up to $15,000, may be available to cover some of the costs of the decedent’s burial.

If the employee had unpaid workers’ compensation benefits prior to his/her death, a certain portion of those benefits may survive the employee’s death. Which benefits survive the employee’s death is controlled by the governing law in place at the time of the employee’s death.

Wrongful Death

In some situations, a wrongful death claim can be brought against the person, entity, or manufacturer whose fault caused the death of your loved one. For example, if a road construction worker dies because a driver failed to slow down in the construction zone and caused a fatal accident, a wrongful death action can be brought against the negligent driver.

If a manufacturer of heavy construction equipment defectively manufactured a machine that caused the death of a worker, a product liability claim may be brought against the manufacturer.

If an elevator maintenance subcontractor working on the job site negligently failed to turn off the power to an elevator which crushed a painter working in the elevator shaft, a third-party liability claim may be brought against the negligent subcontractor.

The law that applies in wrongful death cases requires that someone be court-appointed to represent the next-of-kin of the decedent in order to commence a wrongful death claim to pursue compensation.

Talk to Us

Dealing with legal issues while you are mourning the loss of your loved one is hard. You can count on the Minnesota Workers’ Compensation Lawyers at Fields Law Firm to be here for you every step of the way and give you the advice and guidance you need to get through this difficult time.

SETTLEMENTS AND RECOVERIES IN ALL CASES DEPEND ON SPECIFIC FACTUAL AND LEGAL CIRCUMSTANCES WHICH ARE UNIQUE TO EACH CLIENT’S CASE. PAST CASE RESULTS ARE NOT A GUARANTEE OR PREDICTION OF SIMILAR RESULTS IN FUTURE CASES WHICH THE FIELDS LAW FIRM AND ITS LAWYERS MAY UNDERTAKE.

READ OUR CLIENT REVIEWS

John Kelley
John Kelley
21:38 16 Oct 18
I was having issues with an insurance company and I hired fields law firm. The people there are amazing and always quick to answer questions even a couple times on the weekend. I worked with Blake amazing person and very informative on my case. I would highly recommend this firm to any of my friends.read more
Michael Frazier
Michael Frazier
23:58 10 Oct 18
I had the pleasure to work with Michael and Annie on my LTD case. When my claim was denied by the insurance carrier, Michael didn't hesitate to take them on with an appeal. He worked diligently on the appeal and ultimately won this for me. Mind you, this wasn't a huge case but he treated me like it was and as if I was the only case he was representing. He kept me abreast of vital information, it was clear that he knew his stuff and wasn't afraid to take on the big insurance company. Michael was much more than I ever expected given that our relationship was entirely remote, handled by telephone and email only. Not only is he a strong lawyer, he treated me with compassion and respect. I am beyond pleased with him and the Fields Law team. Michael cares about his clients and he gets the job done for them because he knows how impactful an injury can be to both a person's well-being and their financial security. I highly recommend Michael and Fields Law whether you are local to their Minnesota offices or out of state like myself.read more
Melanie Eason
Melanie Eason
20:12 29 Aug 18
Fields Law Firm is great. Patrick Kramer, my lawyer, is fantastic. He and his legal assistant Samantha K. have handled my case for several years. They have kept me informed every step of the way. They are both easy to contact. I have both of their phone numbers and email addresses and they respond promptly to any messages I leave. Without their help I would not have been able to get the disability company to fulfill their promises. It is a relief to leave all the dealings with the disability insurance company in their hands.read more
Jeannie Kerr
Jeannie Kerr
23:37 15 Sep 18
My experience with Merrick Williams of Fields Law Firm has been truly above and beyond satisfactory. His knowledge and professionalism have guided me through a very difficult time. He and his assistant Angela were readily available to answer any questions and address my concerns. I highly recommend him as an attorney and will use his services again if necessary in the future.read more
ebon jordan
ebon jordan
19:51 27 Sep 18
Field Law Firm was great my lawyer Zach Schmoll was more than I could ask for. He always kept me in the loop and explain everything perfectly, got back to me whenever I called less than 24 hrs and was a extremely nice guy. This guy is young and knows what he is doing so please don’t let the age fool you. I had a wonderful experience with Field Law and will refer anyone with legal matters to them.read more
Edward Johnson
Edward Johnson
23:11 31 Oct 18
I highly recommend Fields law Firm if you need some no nonsense attorneys to represent you. I was treated courteously and efficiently each and every time by Mike and his associates. They settled my Long Term Disability case in a timely fashion. and was pleased with the results. Thanks again Mike and Fields Law Firm. You are the best!read more
Jeffrey
Jeffrey
19:19 09 Nov 18
Fields Law Firm is simply the very best when it comes to representing you & fighting for your rights! They are a "10 Star" Law Firm hands down! Michael Kemmmitt & Sarah Christensen were simply outstanding to work with. They took over my long term disability case after I was being denied my benefits & gave me the moral support & law experience that I needed to win my case. They were supportive throughout my case & they will fight tooth & nail to assure your rights are not being denied. It is so rare to find a law firm that treats you like YOU are the most important person to them. I HIGHLY recommend Fields Law Firm. They are truly advocates for justice.read more
Ben Chadwick
Ben Chadwick
23:20 12 Nov 18
Michael and Samantha were always giving me updates in a very timely manner. They were very good at getting back with me if I had questions, and they didn't have the answer at the time of our discussion. They were very thorough in their handling of my case, and we received a positvie ruling due to their efficiency and expertise. Thank you very much Michael and Samantha, I appreciate all that you did to help me with my case. I would definitely refer people to you, as well as use you in the future. Benjamin Chadwick.read more
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