Legal Question in Workers Comp in California
The father of my kids had a work related injury in 2002 in which he had to receive surgery because of L5 fractured in 2006 he passed away and still had the case active. His lawyer since then said case is closed because he passed away. Is it true can I fight the case because my kids are his children even though we weren't married???......
3 Answers from Attorneys
Work related injuries are considered personal injuries [injuries to the body of the person]. The right to maintailn a cause of action for those types of personal injuries disappears when the person dies. His estate can not collect either, unless it can be shown that the industrial injury caused in some fashion the death.
Unless the injury is somehow related to his death, there is no recovery.
Perhaps his death was related to his work injury. If you're not sure, please call me to discuss. 1.877.505.4658
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