Contact Us

Please fill out the form below and our attorney will contact you.

!
!
!

Our Offices

  • Tavares Office

    Address

    203 N. St. Clair Abrams Avenue
    Tavares, Florida 32778-3259

  • Inverness Office

    Address

    303 Tompkins Street
    Suite 180
    Inverness, Florida 34450

    Phone

    352-344-1882

  • Clermont Office

    Address

    481 E. Highway 50
    #201
    Clermont, Florida 34711

    Phone

    352-242-1933

Ratings & Reviews

  • 5.0/5.0

    — Lori Robbins

  • 5.0/5.0

    I am a trial attorney who had been practicing law for ten years. Attorneys only hire the best when the things that matter the most in their own lives are threatened with harm. That is why I hired Christopher R. Largey of Largey Law when my ...
    Read More

    — Paul Darby

  • 5.0/5.0

    Following my car accident I was referred by a friend to Largey Law Firm. Chris Largey agreed to take my case. He and Rosie along with his staff were very reassuring that they would take care if all my legal issues dealing with the insuran...
    Read More

    — Steve Jones

  • 5.0/5.0

    As a family law attorney, I had the opportunity to work with Chris in a case involving an injunction that was part of a family law matter that I was involved in. I wholeheartedly recommend him as a criminal law attorney. In my opinion, he ...
    Read More

    — Dusty Twyman-Morey

  • 5.0/5.0

    Informative friendly and helpful professional. Passionate and caring for the right of the person represented.

    — Marc Lovric

Can I File a Wrongful Death Claim if I Accepted a Workers' Compensation Settlement?

For most types of workplace injuries, including fatal accidents, workers’ compensation is the exclusive remedy for the injured party and a surviving spouse. However, where the right to sue exists, accepting a workers’ compensation settlement will not bar a lawsuit to pursue full compensation. Here’s how it works. 

Workers’ compensation is a two-way street: the employer promises to insure workers against injuries, including injuries they cause through their own negligence, and workers agree not to sue the employer for negligence when they get hurt. So, in the normal course of a workers’ compensation claim, the injured worker or the surviving spouse of a worker killed on the job receives benefits from the employer’s insurance policy. 

However, there are narrow exceptions to the exclusive remedy rule. For example, if an employer does something to harm a worker intentionally, the worker can file a personal injury lawsuit. Also, if a third party with whom the injured worker has neither an employer-employee or co-worker relationship accidentally injures the worker, the worker can sue that third party. 

So, on the one hand, if the facts of the case indicate workers’ compensation is the exclusive remedy, a surviving spouse is barred from suing for wrongful death, even before reaching a workers’ compensation settlement. On the other hand, if the facts support a third party lawsuit or an intentional injury lawsuit, the surviving spouse can purse that action even after reaching a workers’ comp settlement. 

A wrongful death lawsuit has advantages over a workers’ comp settlement, because the plaintiff can collect damages such as pain and suffering and the loss of full earnings. Workers’ comp only pays for two-thirds of a party’s lost wages and pays nothing for pain and suffering.  However, a plaintiff cannot collect the same compensation twice. If a surviving spouse recovers the full amount of lost wages in a wrongful death lawsuit, the workers’ comp insurance company will file a claim for reimbursement of its settlement. 

If you have lost a loved one in a fatal workplace accident, the wrongful death attorneys at Largey Law may be able to help. Whether we file a wrongful death action or pursue a workers’ compensation settlement on your behalf, you can trust us to fight aggressively for justice. To schedule an appointment, call 352-253-0456 or contact our office online.