Wrongful Death Claim or Workers’ Compensation Death Benefits: What is the Difference in Mississippi?
While no one should ever have to suffer the loss of a loved one, Mississippi residents, fortunately, may have some recourse under Mississippi workers’ compensation laws and Mississippi wrongful death laws when a loved one tragically passes away. Under both Mississippi laws, certain close family members or dependents of those who pass away may be entitled to money compensation for the loss of a loved one. But what is the difference between a wrongful death claim and a workers’ compensation death benefits case in Mississippi? Here are several key differences between these two distinct theories of recovery for those who have lost a loved one:
- Differences in Eligibility and Coverage: First and foremost, workers’ compensation death benefits claims are typically available under Mississippi workers’ compensation laws to certain dependent family members of a loved one who passes away due to a workplace injury. On the other hand, wrongful death claims are typically brought by certain surviving family members of a loved one who has passed away due to the fault of another party.
- Differences in fault and liability: Under Mississippi worker’s compensation laws, the dependent family members who bring a workers’ compensation death benefits claim for the loss of a loved one need not prove that the employer was at fault to be entitled to compensation. However, wrongful death claims are brought under Mississippi wrongful death laws, and in order to recover, surviving family members have the burden of proof to show that another party was responsible for their loved one’s death.
- Differences in Recovery: Mississippi workers’ compensation death benefits aim to provide financial support to certain dependents of the deceased worker. This financial support may include things like funeral expenses and a portion of the deceased workers’ lost wages. However, Mississippi wrongful death claims aim to make certain close surviving family members “whole” again. Accordingly, if the surviving family members are successful with their wrongful death case, they may be entitled to compensation for the deceased person’s lost wages and medical expenses, funeral expenses, and for their pain and suffering.
- Differences in where the claim is adjudicated: While Mississippi workers’ compensation death benefits claims are brought before the Mississippi Workers’ Compensation Commission, Mississippi wrongful death claims are filed in court.
Legal Help When You Have Lost a Loved One in Mississippi
Whether you have lost a loved one due to a tragic workplace accident, or due to the negligent, reckless, or intentional acts of another, the experienced lawyers at the law firm Lunsford Baskin & Priebe are here to help. The experienced Mississippi workers’ compensation lawyers and Mississippi personal injury lawyers at Lunsford Baskin & Priebe offer a free and confidential consultation to listen to your story and to see if they can help get you justice for the loss of your loved one. Contact the experienced Mississippi personal injury and workers’ compensation lawyers at Lunsford Baskin & Priebe today and learn about your rights and options for free.