Wrongful Death Cases Involving Workplace Accidents in Chicago

Third-party liability arises when someone other than the employer (or a co-worker) contributes to or causes a workplace fatality. In such cases, you may file a wrongful death lawsuit against that third party, in addition to collecting workers’ compensation benefits. 

Here are some common situations involving third-party liability:

1. Defective Equipment Manufacturers: If a worker dies because of a faulty machine or defective safety gear, the manufacturer, distributor, or designer of that product may be liable.
2. Contractors and Subcontractors: On construction sites, multiple parties often share space. If a subcontractor’s employee dropped unsecured materials, or a general contractor failed to set up safety perimeters, that party could face legal responsibility for a resulting death.
3. Property Owners: If your loved one was working on someone else’s property (such as a commercial building) and died due to the property owner’s negligence—like failing to fix a structural hazard—the property owner may be held accountable.
4. Drivers in Work-Related Auto Accidents: If your loved one was driving a company vehicle and a negligent driver struck them, like for example on the Kennedy Expressway or near Millennium Park, you could pursue a wrongful death claim against the at-fault driver in addition to a workers’ compensation claim.

Third-party claims are powerful because they can potentially bring greater compensation than workers’ comp alone. While workers’ compensation helps replace lost income and cover some expenses, a successful third-party lawsuit can address your family’s pain, suffering, and other emotional losses not covered by standard benefits.

Losing a loved one often results in unforeseen costs that go beyond medical bills and funeral expenses. Emotional loss, mental anguish, lost consortium, and the contribution your loved one made to daily family life can’t be measured in mere dollars—but compensation can still be life-changing. 

Below are typical damages that families may seek in a wrongful death case:

Medical Expenses

If your loved one received medical treatment before passing, you may be able to recover the costs associated with their care. 

This includes hospital stays, emergency room visits, surgeries, prescription medications, ambulance fees, and any other medical expenses incurred as a direct result of the injury that led to their passing. 

These costs can quickly add up, placing a significant financial strain on the surviving family members.

Funeral & Burial Expenses

The costs of a proper funeral and burial (or cremation) can be substantial, often reaching thousands of dollars. 

Many wrongful death claims include compensation for expenses related to memorial services, caskets, burial plots, cremation fees, transportation, and other associated costs. These expenses can be overwhelming for grieving families, making financial relief through a claim especially important.

Loss of Financial Support

If the deceased was a primary provider for their family, their sudden passing can result in a significant loss of income. Surviving dependents may be entitled to compensation for the wages and benefits the deceased would have earned over their lifetime. 

This can also include loss of healthcare coverage, pension contributions, and anticipated retirement savings that the deceased would have provided for their family.

Loss of Companionship & Emotional Support

Beyond financial damages, wrongful death claims also recognize the emotional loss suffered by surviving loved ones. 

This type of compensation accounts for the loss of companionship, parental guidance, love, and support that the deceased provided. While these damages are more difficult to quantify, they are no less important in understanding the full impact of the loss.

Pain & Suffering

If the deceased experienced significant pain and suffering before passing, the surviving family may seek compensation for that distress. This includes physical pain, emotional trauma, and the suffering endured during medical treatment or after the initial injury.

Punitive Damages

In cases where the responsible party acted with extreme negligence, recklessness, or intentional harm, the court may award punitive damages. 

These are meant to punish the wrongdoer and serve as a deterrent to prevent similar behavior in the future. While not available in every wrongful death case, punitive damages can significantly increase the overall compensation awarded.

Every family’s circumstances differ, and our law firm offers a personalized approach to ensure you receive the full scope of compensation available for your loved one’s death.

When tragedy strikes in a workplace setting, you deserve to have all the legal support, compassion, and resources necessary to protect your family’s future. At The Romaker Law Firm, our experienced attorneys have over 30 years of combined legal knowledge and a deep dedication to helping bereaved families. We pride ourselves on being both client-focused and compassionate, always ready to listen to your story and fight for you.

• Charles P. Romaker, our founder, has represented injured workers and their families for decades, recovering multi-million dollar verdicts and settlements for those who needed help the most.
• Fernando M. Bustamante has a wealth of trial experience, having once represented insurers and corporations—knowledge he now uses to advocate for individuals dealing with catastrophic injuries.
• Frank Kress has nearly two decades of experience specifically in workers’ compensation cases, dedicating his career to protecting the rights of injured employees in Illinois.

In 2018 alone, we settled 26 cases involving workers for over $100,000. Our multicultural team is proud to serve clients in both English and Spanish, ensuring there are no language barriers between you and justice. If you live near the West Loop, Lincoln Park, or even in suburbs like Evanston or Naperville, you can reach out to us for a free consultation.

Under Illinois law, most employers are required to carry workers’ compensation insurance to protect employees who suffer on-the-job injuries. When a work-related accident results in a fatality, surviving family members may be entitled to death benefits through this insurance.

However, workers’ compensation benefits are often limited and may not fully cover the true scope of your loss, such as emotional suffering or the pain and anguish experienced by your loved one before passing.

What Constitutes Employer Negligence?

Employer negligence occurs when a company fails to maintain a safe workplace. This can include:

• Ignoring safety protocols set by OSHA or other regulatory bodies.
• Not providing adequate training for employees.
• Failing to maintain equipment or repair known hazards.
• Forcing employees to work excessive hours or in unsafe conditions.

Even though workers’ compensation typically covers on-the-job injuries regardless of fault, egregious negligence may open additional avenues for legal action. 

For instance, if your loved one’s employer deliberately removed safety guards or willfully violated safety standards, you could have grounds for further claims beyond workers’ comp. It’s important to explore every angle with a dedicated legal team like ours.

Workers’ Compensation Death Benefits

In Illinois, surviving dependents (such as a spouse or children) may be eligible for:

• Survivor benefits equaling two-thirds of the worker’s average weekly wage.
• Funeral and burial expense benefits up to a certain statutory limit.

However, these benefits alone might not address the full extent of your family’s emotional and financial needs, especially if employer negligence was blatantly involved or if a third party also contributed to the death. That’s why seeking legal advice early is crucial.