Jabin Lakes was killed in May 2010 after apparently being overcome by fumes and falling in a manhole he was inspecting, reports The Oxford Press. Lakes, 31 years old, was a hard worker and dedicated to his family. He had been on the job barely one year at the time of his death. His is the first death of a city employee on the job since 1939, according to city records.
City manager Judy Gilleland said Lakes and his co-workers were following proper procedure at the time of the accident, attempting to inspect the line visually without going into the hole. She stated that if Lakes' death is determined as a work-related incident, workers' compensation would provide coverage to his family. "It depends on what exactly was happening during the incident," she explained.
Workers' Compensation Funds and Survivors
In addition to any court claims a surviving spouse or child may have following the work-related death of an employee, the spouse or child may be eligible for workers' compensation benefits. According to the Ohio Bureau of Workers' Compensation, survivors may apply for benefits via a report, application, on the telephone, or in some cases by letter, and in most cases, must file within two years of the date of death to be eligible.
Survivors may be eligible for continuing death benefits at a percentage of the deceased's wages at the time of his or her death. Death benefits are paid bi-weekly and may continue for the spouse until the spouse remarries or dies. Generally, death benefits will continue for a surviving child until age 18 or 25 if a full-time student.
Spouses or children of workers killed on the job should speak with an attorney to protect their financial interests. While no money damages can offset the loss of loved ones, securing the compensation that families are due can help provide financial stability as the survivors heal and move forward. Contact a workers' compensation lawyer at OhioBWCattorney.com for advice on workers' comp survivors' benefits.
