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IL injury lawyerOne of the most traumatic things a family can go through is the loss of a family member through a workplace accident. Not only are you grieving for your loved one, you might be worried about your family’s financial future. Many American families sustain their standard of living by having two incomes. With the loss of one income, your family could be facing financial hardship. The Illinois Workers’ Compensation Act allows the spouses and children of the worker to collect death benefits of a deceased loved one who was killed on the job.

Who Can Receive Death Benefits?

When a worker is killed on the job, their surviving spouse and children who are under the age of 18 are entitled to death benefits. These are called primary beneficiaries. If there are no primary beneficiaries that exist, then the benefits can be paid to totally dependent parents of the deceased worker. If totally dependent parents do not exist, benefits can be paid to anyone who was at least 50 percent dependent on the worker before his or her death.

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 Illinois injury lawyerLosing a loved one is hard, and it’s even harder when their death is the result of negligence. In this case, family members may choose to file a wrongful death lawsuit, seeking damages, usually in the monetary form. According to the Centers for Disease Control and Prevention, death from unintentional injuries is the fourth leading cause of death in the United States, meaning wrongful death is unfortunately uncommon.

What Is Wrongful Death?

Wrongful death is any death that is caused by another person’s recklessness or negligence. According to the state of Illinois, wrongful death is defined as death due to another person’s, company’s or corporation’s intentional, negligent or misconduct. Some common examples of wrongful death include:

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Posted on in Wrongful Death

Illinois injury lawyerIt is hard to imagine anything more distressful and heartbreaking than the sudden death of a loved one due to an accident or some kind of negligence. Pursuing a wrongful death suit often helps family members find some type of closure while requiring parties at fault to correct flaws in systems, procedures, manufacturing or other processes.

It Should Never Have Happened

When deaths occur due to accidents or some type of negligence, what everyone needs to realize is that these occurrences are not confined simply to the home or place of work. While wrongful deaths occur in these locations, recent news illustrates that tragedy can strike when one least expects it.

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Illinois injury lawyerNo one ever goes to work and expects to die while on the job. Even those in high-risk occupations have a high expectation they will return home at the end of the day. Sometimes, however, seemingly safe occupations have tragic incidents, such as the drowning death of a man who was tending to swans on a pond in suburban Chicago.

Wife of Bird Tender Seeks Compensation

In 2012 a man drowned in a suburban pond when two swans he was checking on as part of his job attacked him. The attack caused the man’s kayak to overturn and he drowned when repeated attacks by the birds prevent him from swimming to shore. This is part of a wrongful death lawsuit filed late last year by the man’s wife. Among some of the details from the filing include the following:

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Illinois wrongful death attorneyWhile it may be true that sometimes accidents just happen, it is also true that many accidents are avoidable. When wrongful death occurs due to the negligence of others, there are legal avenues one can pursue to ensure those responsible are held accountable.

Examples of Wrongful Death and Liable Parties

Frequent incidents of deaths to road workers occurring on Illinois highways forced the state to enact stricter laws punishing motorists who strike and injure or kill construction or highway workers. However, regardless of the criminal outcome, the driver can still face a wrongful death suit in civil court.

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