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Can You File a Wrongful Death Claim for a Workplace Accident?

Can You File a Wrongful Death Claim for a Workplace Accident?

December 11, 2025 | Collins Law Firm

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The Collins Law Firm is proud to stand with Illinois families who have lost loved ones in tragic workplace accidents. Losing a family member on the job is devastating — emotionally, financially, and psychologically. While workers’ compensation laws provide some benefits, they often fall short of true justice when negligence or unsafe practices are involved.

In many cases, families may have the right to file a wrongful death lawsuit in addition to, or instead of, a workers’ compensation claim. The Collins Law Firm helps families understand these rights and fight for the full accountability they deserve.

Understanding Wrongful Death in Illinois

A wrongful death occurs when a person’s life is taken due to another’s careless, reckless, or intentional act. Illinois’ Wrongful Death Act (740 ILCS 180/) allows the victim’s surviving family members to seek compensation from the responsible parties.

Workplace deaths may result from:

  • Unsafe equipment or machinery
  • Negligent supervision or training
  • Falls from heights or scaffolding
  • Electrocution or explosions
  • Exposure to toxic chemicals
  • Vehicle or industrial accidents
  • Construction site negligence

Every worker has the right to a safe environment. When employers, contractors, or manufacturers violate that right, The Collins Law Firm stands ready to demand justice.

The Relationship Between Workers’ Compensation and Wrongful Death

Most Illinois workers are covered under the Illinois Workers’ Compensation Act, which provides benefits for job-related injuries or death. However, these benefits are limited — covering only partial wage replacement and funeral costs — and do not account for pain, suffering, or loss of companionship.

That’s why understanding when you can also pursue a wrongful death claim is essential.

You may be eligible to file a wrongful death lawsuit if:

  • A third party (not the employer) caused or contributed to the death.
  • The employer’s conduct was willful or grossly negligent.
  • Defective machinery, tools, or materials caused the fatal accident.
  • A subcontractor, driver, or property owner played a role in the incident.

In such cases, The Collins Law Firm can help families pursue both workers’ compensation benefits and a civil wrongful death claim simultaneously — maximizing financial recovery while holding every responsible party accountable.

Examples of Third-Party Liability in Workplace Deaths

Many workplace fatalities involve negligence by parties outside the victim’s direct employer. Examples include:

  • A construction worker killed by faulty scaffolding manufactured by another company.
  • A truck driver hit by a negligent motorist while making deliveries.
  • An electrician fatally shocked due to a property owner’s code violations.
  • A factory worker crushed by a defective industrial press.
  • A maintenance worker who dies in a gas explosion caused by a negligent contractor.

In each of these cases, the family may file a wrongful death lawsuit against the negligent party, even if workers’ compensation benefits are also received.

Who Can File a Wrongful Death Claim in Illinois

Under Illinois law, a wrongful death claim must be filed by the personal representative of the deceased’s estate — often a spouse, adult child, or parent. The lawsuit is brought on behalf of surviving family members who suffered losses due to the death.

Eligible family members may include:

  • Spouses
  • Children (including adopted children)
  • Parents of a deceased minor or unmarried adult

Any damages recovered are distributed among surviving family members in proportion to their losses, as determined by the court.

Damages Available in a Workplace Wrongful Death Lawsuit

While no amount of money can replace a loved one, wrongful death compensation helps families find stability and accountability. Recoverable damages include:

  • Medical expenses incurred before death
  • Funeral and burial costs
  • Loss of income and benefits the victim would have provided
  • Loss of companionship, guidance, and support
  • Grief and emotional suffering of surviving family members
  • Punitive damages, in cases of extreme negligence or misconduct

The Collins Law Firm ensures these damages reflect not only the family’s financial hardship, but also the immeasurable human loss caused by corporate or individual negligence.

Proving Negligence in a Workplace Fatality

To win a wrongful death case, our attorneys must show that another party’s negligence directly caused the fatal accident. This may include:

  • Violating OSHA or Illinois safety regulations
  • Failing to maintain or inspect equipment
  • Ignoring known hazards or safety complaints
  • Inadequate employee training or supervision
  • Using defective tools, vehicles, or machinery

The Collins Law Firm works with investigators, engineers, and safety experts to uncover the truth — even when employers or insurers try to conceal evidence of negligence.

Time Limits for Filing a Wrongful Death Claim in Illinois

In Illinois, the statute of limitations for wrongful death claims is generally two years from the date of death. However, this period can vary depending on the circumstances — especially if government entities or defective products are involved.

Prompt legal action is critical to preserve evidence, interview witnesses, and prevent insurance companies from shifting blame. The Collins Law Firm moves quickly to secure your case and protect your family’s rights.

The Collins Law Firm’s Experience in Workplace and Wrongful Death Cases

Our attorneys bring extensive experience handling complex workplace fatalities involving:

We understand the technical, regulatory, and emotional dimensions of these cases. Our team fights to uncover every layer of negligence and hold all responsible parties — employers, subcontractors, and manufacturers — fully accountable.

Why Families Turn to The Collins Law Firm

The Collins Law Firm has built its reputation by fighting for individuals and families harmed by powerful institutions — including corporations, insurers, and government agencies. In wrongful death cases, we combine compassion with legal precision, ensuring that families receive the justice and financial stability they deserve.

Our attorneys handle every detail of the case — from investigating the accident to negotiating with insurers or taking the case to trial. We don’t back down until accountability is achieved.

Call The Collins Law Firm Today

If your loved one was killed in a workplace accident in Illinois, you may have the right to pursue justice beyond workers’ compensation.

Call The Collins Law Firm today to schedule your free consultation. Our attorneys will review your case, identify all liable parties, and help your family seek the financial recovery and closure you deserve.

Get justice. Contact The Collins Law Firm now.

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