Ratings & Reviews
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 ...
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 family, children, and career were maliciously attacked and deceitfully threatened. Mr. Largey is respected by our judges, other attorneys, and the community at large, and as a result he is routinely hired by lawyers who need to be represented fully. He never backs down, he is never pushed, and he is compassionate. He absolutely understood the gravity of the family dynamic that he had to protect in my case. Whenever a lie was told, he would immediately and aggressively confront it head-on, exposing the same. His skillful use of courtroom practice and his knowledge of the evidence code brought the truth to light. The result was a resounding legal victory that protected my children, as well as the complete vindication of my character and my career. Though Chris is not even a family law lawyer, I knew he was the right attorney for this challenge. He stood there for me, and I will never regret hiring him for as long as I live.
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...
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 insurance companies. He was not only concerned about my case but also about my physical condition. Chris referred me to health care workers that were a great asset to my healing process. Chris handled everything for me which allowed me to concentrate on healing. I would highly recommend the Largey Law Firm to anyone who needs someone to get justice for them.
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 ...
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 is one of the best I have ever had the pleasure of working with!
Informative friendly and helpful professional. Passionate and caring for the right of the person represented.
Can I File a Wrongful Death Claim if I Accepted a Workers' Compensation Settlement?
- posted: Jan. 30, 2018
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.