Tricities.com reported that a 50-year-old man was killed in an industrial accident at the Helms Candy Co. in Bristol, Virginia. Helms has been in business for over 100 years and makes a variety of candies including stick candies such as lollipops. The cause of the accident was still being reviewed.
In this type of tragic case, the victim’s personal representative may be able to bring several types of claims. If the accident was caused by someone other than the employer, then the personal representative can bring a wrongful death claim. These claims require a showing of fault or strict liability, such as a product was not properly designed and the design failure caused the accident. Wrongful death claims benefit the family of the decedent though in somewhat different ways. Sometimes the beneficiaries will be different. Bringing wrongful death claims against third parties requires a skilled personal injury attorney who can explain the laws and investigate why the accident happened.
The family of the decedent will almost certainly bring a workers’ compensation claim on behalf of the deceased victim. The state workers’ compensation laws normally pay for any reasonable funeral bills and for a percentage of lost income, normally 2/3 of the weekly wages, up to 500 weeks. The primary beneficiaries are any spouse and children who were dependents of the deceased at the time of the accident. The 500 weeks may be paid in one lump sum, but discounted to present value in accordance with Virginia law.
Norfolk workers’ compensation lawyer Joe Miller at Joe Miller Law, Ltd., has represented thousands of personal injury and workers’ compensation victims in North Carolina and Virginia. He fights for his clients, explains the issues in the cases, properly prepares you case, and tries cases before workers’ compensation referees when necessary. He can anticipate the arguments that the employers lawyers will make, and he knows what benefits workers and their families are allowed. Call him today at (888) 694-1671 for the experienced, understanding legal representation you need.