Worker Death Claims

When a fatal accident occurs, surviving family members may be entitled to compensation, depending on the circumstances. The primary reason for filing a work-related death claim is to receive death benefits to compensate for the loss of the deceased employee’s financial support. Typically, claims can be made by:

• Spouses
• Children
• Close relatives who lived with the individual or depended on their financial support

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The immediate family members of a deceased worker typically file a claim with the assistance of an attorney. Dependents younger than 18 years old are almost always included in such claims. In some cases, children ages 18 to 25 who are enrolled in school or completing a vocational program may be included. Regardless of available income, spouses are typically considered dependents. With regard to other family members, particular circumstances may be taken into account to determine who can be included in a claim.

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Slips and falls, contact with an object or piece of equipment, getting caught in or in-between machinery, exposure to hazardous materials that may result in conditions such as chemical phenomena that could contribute to fatal health problems, and fires and explosions are among the common causes of work-related fatalities. It’s often injuries of this nature that result in worker death claims being filed. But death benefits aren’t limited to random workplace accidents.

Death benefits may be awarded because certain work-related conditions contributed to an illness that eventually led to death. For instance, long-term exposure to asbestos may have contributed to respiratory illnesses and cancer. Even if the death occurs years later, it may be possible to trace the source of exposure back to certain work environments.

Medical conditions unrelated to work may also be a valid reason to file a worker death claim. For example, a workplace accident that may not have otherwise been fatal may have aggravated an existing heart condition an employer was aware of. It may be possible to make an argument that an employer should have ensured the worker had access to appropriate assistance.

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Death benefits are paid in regular installments. The amount of disbursements is based on a percentage of what a worker was earning before their death. In certain situations, a lawyer may be able to negotiate a single lump sum payment. As for how long payments last, spouses are often able to receive payments until their own death or remarriage. Dependent children often receive disbursements until they turn 18, or graduate from college or complete vocational training. In some cases, a dependent child with a chronic condition like muscular dystrophy may be able to continue receiving benefits for their care.

Not all workplace accidents are entirely preventable or the fault of any particular party. However, there are times when negligence may have needlessly put an employee in harm’s way or led to certain oversights with safety precautions. Regardless of what contributed to your loved one’s death, a workers’ compensation attorney can assess your situation and discuss the possibility of filing a claim.