The death of a loved one due to a work-related incident is always traumatic, but it can be even more distressing if your family member is an undocumented worker from another country. Suddenly, you are faced with a myriad of questions, including whether your loved one's death may have been preventable and, if so, whether you should pursue legal action given the deceased's immigration status. If you do have suspicions about the circumstances surrounding your loved one's death, it is important that you do your due diligence as illegal aliens are typically entitled to compensation if a case is determined to be a wrongful death.
The Grim Statistics
The number of fatal work-related injuries fell from 4,628 in 2012 to 4,405 in 2013, according to the Bureau of Labor Statistics. While that is certainly good news, another statistic is grimmer. According to the same report, almost 800 Hispanic or Latino workers were killed in 2013, which is the highest number since 2008. In comparison, the number of fatal work-related injuries for all other racial or ethnic groups was lower than before.
This probably shouldn't be surprising since, according to the National Center for Biotechnology Information, illegal aliens tend to work in riskier jobs, such as those that can be found in construction. According to this study, undocumented workers may be taking these dangerous positions because they have few alternatives. In addition, some of these undocumented workers may have limited English, which means that they may not understand safety procedures. This, in turn, could lead to accidents.
Talk to Witnesses
If you have doubts about how your loved one died, it's important that you find the names of any witnesses to the accident and speak to them. More than likely, your loved one's employer will not want to admit any guilt in relation to the death as it could open them up to a potential lawsuit. So it is very important that you don't rely solely on the information that the employer provides to you about the incident. If you talk to witnesses, ask them:
- Whether your loved one was wearing any required safety equipment, such as a hard hat or safety goggles.
- Had people voiced concerns about the situation that caused your loved one's death? For example, were there safety violations on the site of the accident that management had been made aware of and had ignored?
- If workers had been adequately trained for their positions.
Speak to a Wrongful Death Attorney
If you conclude that your loved one's death was caused by circumstances that could have been prevented by the employer, you need to speak with a wrongful death attorney. An experienced wrongful death attorney, like George T. Bochanis Law Offices, will have the expertise to help you develop the best case possible for your individual situation. It's also important to hire an attorney early so that they can:
- Help you prove economic dependency so that you can be compensated for the lost income your loved one provided you and your family members.
- Deal with an autopsy, if one is requested or if you want to request one. In some cases, the employer may request an autopsy to determine whether or not your loved one may have had any drugs or alcohol in their system.
- Determine what type of settlement you want -- for example, a lump or a structured settlement.
If you decide to pursue legal action for the death of a loved one, make sure to keep track of all of the related expenses, including burial costs and any medical bills that may have preceded the death. While you may not be in a state of mind immediately after the death to think about pursuing legal action, it could mean the difference between your family struggling to survive and having your needs met in the future.
