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Fatal Work Accident

Attorneys in Omaha, NE
Fatal Work Accident

Nobody wants to think about the possibility of experiencing a fatal work accident, but they can and do happen more often than we think. Many times these accidents are due to neglect on the part of the employer, with unsafe conditions that have gone unnoticed or ignored.

An organization called OSHA (Occupational Safety and Health Administration) was created nearly four decades ago with the intention of fostering and enforcing safer work environments for employees, so that these types of tragedies don’t happen.

And because of OSHA, the workplace has become much safer over the years. Fatal work accidents have dropped by more than 70%. However, there are still an estimated 15 fatal work accidents per day.

Recovering compensation for a fatal work accident

If your family member has been the victim of a fatal work accident, you may be experiencing the pressure to handle the situation including paying for extensive medical bills and burial costs.

The good news is you have options to recover the compensation you deserve to relieve some of the pressure and stress. You have the option to hire a private attorney and file a wrongful death suit, or you can file a worker’s compensation claim.

Both options can bring you closure and compensation, however, what you need to know is that worker’s compensation doesn’t always pay what you are entitled to recover, and that can be a huge burden if you need to pay for extensive medical and other bills.

Filing a wrongful death suit

If someone in your family has fallen victim to a fatal work accident, you may be able to bring a wrongful death suit forward. A qualified attorney can look at your case and see if filing a wrongful death suit is your best option. Compensation awarded from a wrongful death suit will likely be higher than worker’s comp, and will alleviate more of the financial burden you may be experiencing.

Some of the most frequent fatal work accidents occur in the following three industries:

  • Construction
  • Coal mining
  • Oil and natural gas

Getting compensation beyond worker’s comp

If the fatal work accident was caused by a defective product or negligence on the part of the employer, you may be entitled to receive more compensation than what worker’s comp usually provides, especially if the employer is in violation of OSHA regulations.

Contacting an experienced lawyer after a fatal work accident can help you navigate the process more easily, and relieve the financial struggle you and your family may have been experiencing in the aftermath. A skilled attorney can make the process easier and help you recover the compensation you deserve so that you can once again life a life as close to normal as possible.

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From day 1 Frank was able to give me several different options and helped me to choose which course would be best for me in my family law case. Everything was done quickly and without problem. I walked away from court and what seemed like a never ending battle completely satisfied with the outcome. I would recommend Frank and his firm to anyone looking for an attorney who really knows their stuff and cares about their clients.

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Your Questions About The Law

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The short answer is yes, you should care because it’s going to affect the statute of limitations on your claim. It’s important to define what a political subdivision is that way, you know where your claim lies.

A subdivision is city, county, villages, schools, certain administrative agencies. All those are treated under the act differently. Now, if you do sustain an injury or an accident with one of those individuals that I’ve named, then you have one year from the date of your injury to file a written notice, written claim to that subdivision. If you don’t, then your claim is forever barred. Read More

That depends on you, specifically in regards to the length of time it takes for your injuries to improve, how long it takes to get to a point where we can reasonably determine what your future looks like, what additional medical care you require, the cost of such medical care and what permanent restrictions or impairments you have. Read More

The answer to that is almost universally no. The reason for that is the insurance companies like to get in early and offer you a lowball offer in the hopes that they can get you to sign a release of liability waiver. Once that happens, you’re out of luck.

The reason that they send these lowball offers is because you haven’t had a chance yet to properly evaluate your claim. You might still be treating, you might need future medical. There’s also the possibility that you’ve been permanently damaged and you need a doctor to assess that. Read More

Maximum medical improvement or MMI is the point in your injury where you’re about as good as you’re going to get which means you’re not likely to get much better and you’re not likely to get much worse.

It doesn’t mean that you’re all the way better and so for that reason, maximum medical improvement is the point at which your permanent disability benefits are determined. Read More

In order to answer that question, we have to know the specific facts of your case. A lot of factors go into the value of a workers’ compensation case.

First of all, money benefits that are paid to you are based on your wages before the accident. That amount is used then to determine both your temporary disability benefits and your permanent disability benefits. Read More

Yes, it can. In order to modify a child custody order, you have to show what’s called a material change in circumstances.

Now, simply stated what that means is something has to happen. An unanticipated change that if the judge or the parties knew about it when they made the original order, they would have decided differently. Read More

Well, it depends on two things.

First of all, who are you suing and second of all, what are you suing them for? If it’s just general negligence and you’re suing a private person or corporation, it’s four years from the date of accrual of the claim or the date of the accident. Read More

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Attorneys in Omaha, NE