My husband was murdered along with 4 of his co-workers by a disgruntled employee. The company was aware to previous violence from this employee (3 years ago) and that the employees were scared he would come back and do something like this when he recently terminated in April. June 5th he entered the facility, shot the victims and then himself. The Worker's Comp Insurance company started sending me a check biweekly to total a full benefit of $150,000 paid over the next several years. I never signed anything and would much rather have a lump sum and feel like $150,000 is not enough for my husband's life!
First, I'm very sorry for your loss. To answer your question, you would have to sue the employer outside of the workers' compensation framework. There is a very high hurdle to get over in order to accomplish this. However, you've given enough facts to give me some hope that this would be possible. You'll need to immediately contact a highly experienced and reputable lawyer to take on such a task.
Regards,
David
No sum would be sufficient for your loss. You should consult a Board Certified WC attorney or one with significant WC experience before you sign anything! The possibility of facing a suit for negligence alone may warrant the Employer and WC carrier settling with you for a higher amount. There are also some educational benefits you may be entitled to under the statute and some funeral expenses, etc. So really you need to contact an attorney. Most WC attorneys will at least consult with you free of charge so it will not cost you anything to talk to someone.
I agree and am also sorry for the loss. However, outside of Workers' Compensation, this would be a difficult case to go above and beyond. I would talk to a Civil attorney to make sure you have a compensable cause of action knowing that the Workers' Compensation case was paid in the amount of $150,000.
i am sorry to hear of your loss.
Start by contacting a Personal Injury attorney to fully evaluate the matter on behalf of your late husbad's estate.
There are many questions that must be asked and answered in order for you to be advised properly.
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