Wrongful Death Claims and Workers' Compensation

Losing a loved one in a fatal workplace accident is tragic. Burial expenses and lost income also cause financial stress. Most workers have workers’ comp death benefits to help provide for their family members. When someone else is responsible for the fatal accident, the family can file a wrongful death claim for damages.

Workers’ compensation and wrongful death are separate legal options. However, some family members can get both types of compensation. To learn about your options after a fatal workplace accident, talk to a local wrongful death lawyer.

Differences Between Workers’ Compensation and Wrongful Death Claims

In a fatal accident, the deceased worker isn’t alive to pursue their legal rights. Workers’ compensation insurance provides death benefits to the decedent’s surviving family members. In other situations, the surviving spouse and family can file a wrongful death claim for compensation.

For most fatal workplace injuries, family members can get workers’ compensation death benefits. If a third party caused the deceased employee’s accident, the family can file a wrongful death claim. Wrongful death claims and the workers’ compensation system are separate legal processes. Both have different filing and eligibility requirements.

Workers’ Comp for Fatal Workplace Accidents

Workers’ compensation insurance covers most workers. Workers’ comp is a no-fault system that gives people benefits for work-related injuries. Injured workers generally get benefits regardless of who caused the accident. However, the system limits benefits to medical expenses and wage loss benefits.

Wrongful Death Lawsuits for Work-Related Accidents

A family that gets workers’ comp death benefits generally can’t file a wrongful death claim against the employer. However, the family can file a wrongful death claim against any other parties responsible for the fatal accident. In some limited situations, the employer is liable in a wrongful death lawsuit.

Eligibility for Workers’ Compensation

Eligibility for workers’ compensation depends on state law. Workers’ comp insurance covers most workers. This includes full and part-time workers and salaried employees. Independent contractors, volunteers, and business owners generally aren’t covered. Some federal workers have coverage under separate federal workers’ comp programs.

Most work-related injuries get workers’ comp protection. Injuries outside of job duties are not covered. Fatal accidents while under the influence of drugs or alcohol are also excluded.

Surviving family members have to file a workers’ comp claim for survivor benefits. Filing requirements for workers’ comp vary by state law. Check with your state workers’ compensation board to find out how to file for benefits. A local workers’ compensation lawyer can help you through the process to get benefits after your loved one’s death.

Eligibility for Wrongful Death Claims

If a third party negligently caused your loved one’s death, you can file a wrongful death claim for damages. A wrongful death lawsuit is a way to hold the responsible party accountable. Most wrongful death claims are based on negligence. However, you can also file a wrongful death claim for intentional injuries.

Beneficiaries could get more compensation in a wrongful death lawsuit. Damages in a wrongful death claim can include:

• Lost income
• Loss of support
• Loss of companionship
• Punitive damages

Death Benefits Provided by Workers’ Compensation

After a workplace death, surviving family members can get workers’ comp death benefits. Survivor benefits provide the workers’ dependents with weekly benefits. Benefits are usually about two-thirds of the deceased worker’s weekly wages.

Most workers’ compensation laws also provide funeral expenses and burial expenses up to a maximum amount.

The Impact of Workers’ Compensation on Wrongful Death Claims

In some situations, the family could get workers’ comp death benefits and file a wrongful death lawsuit. For example, a truck driver employed by a transportation company gets into a fatal truck accident. A negligent driver caused the fatal accident while the truck driver was on the job.

The family can file for workers’ comp death benefits from the employer. They could also file a wrongful death lawsuit against the negligent driver who caused the car accident.

Wrongful Death Legal Assistance and Representation

Navigating wrongful death claims and workers’ compensation cases is complex. There are separate systems with different eligibility requirements. Family members grieving their loved one’s loss face challenges with getting the benefits they deserve. A wrongful death lawyer can help you through the process.

A wrongful death and workers’ compensation attorney can review your case. They can explain your legal options and make sure you file your claims on time. Your lawyer can represent you in court and negotiate with the insurance company for a fair settlement offer. After a fatal workplace accident, talk to a wrongful death attorney for legal advice.