Quinnyon Wimberly, 36, who was assisting to erect a Hard Rock Hotel in the downtown section of the city, died Oct. 12, 2019 in the crumpled ruins of the edifice. Unable to retrieve his body at the time due to the building’s unsafe condition, Wimberly’s remains have been trapped in the mangled mess since the deadly accident. But his brother claims that as early as July 20 Wimberly’s corpse will finally be retrieved, reported ABC News.
Accident lawyers are familiar with an insurance company’s desire to close out workers’ compensation claims quickly, so it is important to call legal counsel to protect a family’s personal interests shortly after an accident involving a workplace-related death. They have valuable resources to support a case by:
- Sending investigators to the accident scene
- Reviewing police reports, witness testimony and medical reports
- Hiring appropriate financial personnel to make valuations of loss
- Determining fault of the accident
- Supporting victim’s rights against aggressive insurance companies
- Drafting and filing complicated insurance and legal documents
The Louisiana Workforce Commission has a specific process to be undertaken when a person becomes injured on the job, contracts an illness that is job-related, or dies on the job, necessitating a workers’ compensation claim for monetary damages.
- Death Benefits. When an employee dies from a work accident within two years after the last treatment for the injury, Louisiana pays death benefits to the deceased worker’s surviving legal dependents. Generally, these benefits are paid in weekly payments amounting to a percentage of the deceased employee’s pre-injury wages. If the employee did not leave any legal dependents, the surviving biological and adopted children will together receive one lump-sum payment of $75,000.
- Burial expenses. Louisiana also pays up to $8,500 in reasonable expenses to bury the deceased employee.
Wrongful death action.
Legal representatives and certain family members can file a wrongful death lawsuit within one year from the date of the death caused by the negligent, reckless, or deliberate act of another. Damages in these lawsuits include:
- Medical bills and burial expenses
- Compensation for lost wages
- Compensation for the pain and suffering
- Punitive damages that are intended to punish the person who caused the death.
Hire an attorney.
Louisiana accident victims do not have to deal directly with insurance companies toward resolving damage losses. Experienced accident lawyers can carry that burden and save time, reduce stress, and point accident victims on the right path toward a comprehensive financial award.