Any legals? DH Fatal accident?

What an awful tragedy for you @BringMeSunshine48. I'm pleased you managed to carve a good life for yourself after such an awful time. You should be proud of yourself and stop doubting how you handled legal issues during such a challenging time.

I've just read a story earlier today where the British parents of a British man who died in a tourist helicopter crash in the US have received £75m in compensation, personally I think that's pretty obscene and too far the other way, I can't possibly see how losing a grown, married son requires the parents to be compensated to the tune of £75m.

Obviously you were in no fit state to fight for a fair and reasonable level of compensation, its a shame there was nobody around you at the time willing to help and guide you with that.

Oh I see, I apologise, I thought you meant it was high, I should have reread! In my (little) experience it seems very low.

Yes, that's what I was saying.

I've known them to be in the 6 to 7 figures for a 100% 'no employee fault' fatality settlement. Maybe a bit less if the employee was determined to be 'at fault' for a certain percentage. But 10K for a fatality is ridiculous unless somehow the carrier or the employer 'finagled' OP's DH to be at fault in some way.

I was involved more with injured workers than fatalities. And I've seen some dirty shit pulled in the past by employers and WC carriers trying to finagle a high percentage of employee fault. Even when it was damned obvious to a non-expert like me that they were trying to pull a fast one.

Obvs, I'm not saying OP's DH was at fault in any way.

I wonder if the payout was an automatic one from a statutory scheme, and that you’d have remained entitled to make a claim.

I think you should have got more. The company would have had insurance.

My first DH also died in an air accident, though it wasn't part of his work. Four friends out for a day's fun flying in a small single-engine plane ran into a storm cell and the pilot's inexperience in flying in snow led him to overbank the plane and the wings gave way. My DH was not the pilot. However, I received a payout from his company of four times his salary, which makes me wonder why your payout was so low when presumably he was on company business. I also got a widow's pension, which continued after I remarried.

I am so so sorry, I work in aviation and so does my partner. Not sure about legal side but I hope you got plenty of help with the emotional side of things . When you work in aviation you prep for these events but never ever expect them. Sending love to you

Rejected - reflected!

Really sorry you had to go through that op.

Ignore people implying you've got $$ in your eyes. Your loss and everything you had to deal with in the fall out is not rejected in your 10k and is unjust. Wondering if you can rebalance that is a reasonable question.

That story isn't just in the daily mail, I saw it on the front page of the BBC first thing this morning. OP herself has said that's why it's on her mind, which is very understandable.

@WowIlikereallyhateyou I thought the same to.

@AcrossthePond55

My husband works in a sort of related industry and there have been a handful of deaths over the decades he has been there and I’ve known multiple payouts of much higher than £10k.

sorry for your loss @BringMeSunshine48

How appalling for you, I am very sorry for your loss

Interesting.

Human error can arise because of design faults in the plane, and because of inadequate training. (I watch a lot of Air Crash Investigation.)

Not true. Insurance is compulsory. Insurers are in control of claims from the moment the accident occurs. They have deep pockets.

@BringMeSunshine48

In 2004 my DH was killed in an aviation accident whilst working. He was co pilot. The accident was the fault of the Pilot in control. He also died.

If this was an 'on the job' accident, meaning that it occurred during duty hours in the performance of his duties, then it should have been covered under his employers' Worker's Compensation Insurance policy IF he was working for an American company. State laws vary and you would need to speak to a specialist work comp attorney who is licensed in the state where the accident occurred. I worked 'in a general way' with work comp settlements but not in a 'legal way'. I believe there is a deadline for filing WC claims, but it may vary by state. Where I live it's 12 months. Whether or not you could file to reopen alleging undue duress or misrepresentation I don't know, but an attorney would. There are some settlements that are 'final' and some that allow for reopening, but usually only for 'future medical' for the injured worker. Just google 'Worker's Comp attorneys in <State>'. But be aware that for every decent WC attorney there are probably 3 shysters out there, so check reviews carefully.

IMHO getting $10k for a work-related fatality is unheard of, unless there was some mitigating factor or a really dishonest employer or carrier. Death on the job WC settlements are usually MUCH higher as they involve calculating the loss of the deceased worker's future lifetime earnings to the family. If this was a worker's comp payout you should have gotten some paperwork detailing how the amount was calculated but being as it was going on 20 years ago, you probably don't have it anymore. If you do, it should have come from an insurance company and will have the employer's name shown as 'the insured' or it may show 'self insured'. It should specify that it is a work comp payment/settlement.

As far as a non-work accident, again you'd need to speak to an attorney licensed in the state where the accident occurred. Deadlines vary by state law.

What has triggered this need to know?