Phoenix wrongful death lawyer discusses injuries and workers comp claims
Hi, my name is John Kelly of the Kelly
I'd like to speak with you about
wrongful death claims when you're
working for your employer meaning
Workers' compensation claims, as well.
Wrongful deaths can be claimed.
against third parties, meaning other
parties that are not your employer but
If your employer injures you in Arizona
in any kind of way
You're going to have
the
ability to make a workers' compensation claim
and
Sometimes that's the only claim you can
make
against your employer, it's controlled by
Arizona statutes
This would also apply for
wrongful death claims if your employer
and their negligence ended up causing
someone to pass
Their only recovery could be through the
Arizona workers' compensation laws
It's sometimes beneficial to try to get
outside of the provisions of workers'
compensation laws and the
The reason for this is that workers'
compensation
very
focused on what kind of recoveries
be made
and they don't have funds set aside for
things like
loss of enjoyment of life; loss of
your companionship
Those claims are not necessarily true.
much larger than a separate third
parties so
If we have a problem, we always look at
We have to find someone who died on the job.
Consider what would happen if there were any
other options.
parties involved that could be negligent
that we could make a claim on, so it's a
separate personal injury claim and not
go through the Arizona workers' compensation
laws
Oftentimes, we find that there are other
negligent parties, so if they're at a
You know a business and
They say it's a trucking business or
something and
There was negligence on the part of the
employer, but there was also a third
party truck that was there, you know.
another corporation, and they had some
We can also try to make amends for negligence.
claim against the third-party truck,
We need to get an investigator to figure
out exactly what happened.
in the accident first
Determine whether or not there will be
If an employee is found to be negligent, the
employer is solely liable.
There's going to be negligence that
could be attributed to other parties if
There are other parties we need to
investigate who they are and what negligence
they may have, and see if we can make a
wrongful death claim on those policies
policies that they maintain
These cases can become very complicated.
because even if you do have the workers
assert that
That's a claim that can be successful.
and you can get compensation.
However, you need to have an attorney.
that focuses on workers' compensation, and
there's
Attorneys who only practice workers'
compensation law
So, in these kinds of cases, sometimes
There is a workers' compensation attorney as
well as a
personal injury attorney, a plaintiff's
attorney handling the case separately
but representing the same party
Obviously, when there's this kind of
nuance It is critical to kind of
understand who attorneys are
What experience do they have?
handled a claim for litigation
That contains elements of workers' compensation.
has those liens that may need to be
taken care of out of workers' compensation and
That's just what needs to be paid back.
to workers' compensation if a third party is
a settlement
So there are a lot of things that
We need to
juggle to make sure that they're all in
place, and you have a solid foundation.
moving forward
If you need an attorney to consult you,
and look at those issues very closely.
I'm happy to walk you through the stages.
of a wrongful death claim when there's a
It is covered by workers' compensation.
Please give me a call.
Kelly Law Team can be reached at 602-283-4122.
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