Fatal Workplace Injuries and Workers Compensation

The loss of a loved one due to a workplace accident is a devastating event, both emotionally and financially. Surviving family members often face significant challenges, but workers’ compensation laws are designed to offer some relief through various benefits. This article will explore the different types of compensation available after a fatal workplace injury, how benefits are calculated, and the steps you need to take to file a claim.

Understanding Fatal Workplace Injuries

Fatal workplace injuries can occur suddenly or result from long-term exposure to hazardous conditions. Common causes include:

• Accidental Injuries: Such as falls, equipment malfunctions, or vehicular accidents on the job.
• Occupational Diseases: Conditions like mesothelioma, respiratory issues, or cancers caused by prolonged exposure to harmful substances.

In both cases, workers’ compensation laws aim to provide financial support to the worker’s surviving family.

 

What Is Workers’ Compensation and How Does It Apply to Fatalities?

Workers’ compensation is a system designed to provide financial support to employees injured or killed while performing their job duties. When a workplace fatality occurs, the family of the deceased worker is often eligible for various benefits, which are designed to help ease financial pressures. 

Compensable Injuries
Workplace injuries or occupational diseases that lead to death are typically covered under workers’ compensation. This includes both sudden accidents and long-term health issues caused by the workplace environment.

The goal is to replace the income lost due to the worker’s death, helping the family cope financially in their absence.

 

Types of Workers’ Compensation Benefits Available After a Fatality

When a fatality occurs, various types of compensation may be available to the surviving family members. Here’s an overview of the key benefits:

1. Indemnity Benefits

Indemnity benefits provide financial compensation to surviving family members, typically to replace the lost income of the deceased worker. These payments are designed to alleviate some of the financial strain families face after a fatal workplace injury.

2. Death Benefits

Death benefits are a specific form of compensation that surviving spouses, children, or other dependents are entitled to receive. These benefits come in the form of:

Weekly Compensation
A percentage of the worker’s average weekly wage is paid to surviving dependents. This amount varies by state, but the intent is to partially replace the income the family relied on.

Lump Sum Payment
In some cases, workers’ compensation laws allow for a one-time lump sum payment, particularly if the surviving spouse remarries or the family prefers this option over ongoing weekly payments.

3. Funeral Expense Coverage

Workers’ compensation often includes coverage for funeral expenses following a workplace fatality. The amount typically covers:

• Funeral and burial expenses up to a capped limit, which varies depending on state laws.
• Any other direct costs associated with the funeral.

States like New York have increased funeral coverage for fatalities occurring after June 8, 2016, ensuring families aren’t burdened with these final expenses.

 

How Is Compensation Calculated?

Compensation for surviving family members is based on several factors. Here’s how it’s typically calculated:

1. Average Weekly Wage Calculation

Workers’ compensation benefits are based on the worker’s average weekly wage. This is typically calculated over a 52-week period before the fatal injury occurred.

Example
If the worker’s average weekly wage was $1,000, and the state’s workers’ compensation law allows for 66% of that amount to be paid, the surviving family would receive $660 per week in compensation.

2. Compensation Cap for Dependents

Most states place a cap on the total amount a family can receive, either in weekly payments or as a lump sum. This ensures the workers’ compensation system remains financially viable while providing reasonable support to families.

3. Compensation for Sole Wage Earner Fatalities

In cases where the worker was the sole wage earner for the family, the compensation structure may allow for higher payouts or extended benefits. This helps ensure the family can maintain a reasonable standard of living despite the loss of their primary source of income.

 

Funeral Expense Coverage and Other Benefits

One significant aspect of workers’ compensation in the event of a fatality is funeral expense coverage. In most states, families can receive funds to help cover the costs of burial and funeral services. Here’s a breakdown:

What Funeral Expenses Are Covered?
Funeral expenses, including burial costs, are typically covered up to a specific amount. These limits can vary significantly by state but are designed to ease the financial burden during an already difficult time.

Lump Sum for Remarriage
In some states, a lump sum payment may be provided if the surviving spouse remarries, replacing ongoing weekly benefits that would otherwise be paid out over time.

 

Steps to Filing a Workers’ Compensation Claim After a Fatal Workplace Accident

Filing a workers’ compensation claim after a fatality involves several key steps. Here’s a guide to help you through the process:

1. Gather Required Documentation

You will need to collect essential documents to file your claim. These typically include:

• A death certificate
• Proof of relationship (such as a marriage or birth certificate)
• Medical records or a report detailing the cause of death
• Any workplace reports of the incident, if applicable

2. Hire a Workplace Injury Attorney

Workers’ compensation laws can be complex, and having an experienced attorney on your side can be invaluable. A workplace injury attorney will help ensure that all necessary documentation is gathered, and that your claim is filed correctly and on time.

3. Understanding the Timeline and Approval Process

After submitting your claim, there is often a waiting period while the insurance company or state workers’ compensation board reviews the details. This process may take several weeks, during which they may request additional documentation or clarification.

Tip: Stay in close communication with your attorney and the workers’ compensation board to ensure there are no delays.

 

Frequently Asked Questions About Workers’ Compensation for Fatal Workplace Injuries

Q: What compensation is available after a fatal workplace accident?
Surviving family members may be eligible for indemnity benefits, death benefits, weekly compensation, and funeral expense coverage.

Q: How are death benefits calculated?
Death benefits are typically a percentage of the worker’s average weekly wage, with the exact amount varying by state.

Q: Does workers’ comp cover funeral expenses?
Yes, most workers’ compensation programs cover funeral expenses up to a specified limit, which varies by state.

Q: What happens if the primary earner dies in a work accident?
The family may be eligible for ongoing weekly compensation benefits or a lump sum payment, depending on the state’s workers’ compensation laws and the family’s preference.

 

Quick Explainer: Lump Sum vs. Weekly Payments

Lump Sum Payment:

• When it’s paid: Usually after a fatality if the surviving spouse remarries or if the family opts for it.
• Pros: Provides a one-time financial boost that can help cover immediate expenses.
• Cons: Once the lump sum is paid, there are no further benefits.

Weekly Payments:

• When it’s paid: Regularly, as a percentage of the worker’s average weekly wage.
• Pros: Provides a steady stream of income for the family.
• Cons: Payments may be capped or subject to time limits.

 

Contact Marvin A. Cooper, P.C. Today

Understanding workers’ compensation benefits after a fatal workplace injury is crucial for surviving family members. By knowing what benefits are available, how they are calculated, and the steps involved in filing a claim, families can focus on healing while ensuring they receive the financial support they deserve. Whether it’s through indemnity benefits, funeral expense coverage, or lump sum payments, workers’ compensation aims to provide security during a time of loss.

For further assistance, contact a workplace injury attorney who specializes in workers’ compensation claims to guide you through the process and ensure you receive the benefits you’re entitled to.