Workplace Accidents That Result in Death
Did You Lose a Loved One In a Workplace Accident?
In 2016, more than 160 workers were killed in accidents on the job in Ohio. Many of the accidents were the result of negligence by third parties, including manufacturers of faulty industrial equipment, negligent property owners and subcontractors working on the same job site. Under the law, surviving spouses and family members may sue the negligent third parties directly but may also be eligible for workers' compensation benefits through the state-run Ohio Bureau of Workers' Compensation (BWC) system.
What Do You Have to Prove to Qualify for a Death Benefit Claim?
If your loved one was killed in a fatal accident, or as the result of fatal injuries suffered because of contact with a toxic substance at work, you can file a claim if:
If the Worker Was On Workers' Comp Benefits at Time of Death
Ohio offers no provisions for continuing workers' compensation benefits if the injured worker dies from the injuries after a period of time. There may be, however, a lump sum compensation available for survivors, based on a percentage of the workers' weekly earnings and including some payment for burial expenses.
Our attorneys offer decades of experience and a reputation for excellence. Call us toll-free at 888-748-1868 or contact our network by e-mail to arrange a free consultation about your death benefit claim.
In 2016, more than 160 workers were killed in accidents on the job in Ohio. Many of the accidents were the result of negligence by third parties, including manufacturers of faulty industrial equipment, negligent property owners and subcontractors working on the same job site. Under the law, surviving spouses and family members may sue the negligent third parties directly but may also be eligible for workers' compensation benefits through the state-run Ohio Bureau of Workers' Compensation (BWC) system.
What Do You Have to Prove to Qualify for a Death Benefit Claim?
If your loved one was killed in a fatal accident, or as the result of fatal injuries suffered because of contact with a toxic substance at work, you can file a claim if:
- You can demonstrate that a specific accident and injuries directly resulted in the death
- You can show that you were dependent upon the deceased workers' income
If the Worker Was On Workers' Comp Benefits at Time of Death
Ohio offers no provisions for continuing workers' compensation benefits if the injured worker dies from the injuries after a period of time. There may be, however, a lump sum compensation available for survivors, based on a percentage of the workers' weekly earnings and including some payment for burial expenses.
Our attorneys offer decades of experience and a reputation for excellence. Call us toll-free at 888-748-1868 or contact our network by e-mail to arrange a free consultation about your death benefit claim.
Dependents seeking death benefits after losing a parent or spouse in a fatal workplace accident face two primary qualification issues.
The first issue relates to the workplace death itself. To qualify for death claim benefits, dependents must prove that the death occurred under an allowed condition, such as a result of a workplace accident, or from complications resulting from treatment of the workplace injuries. When an injured worker dies a year or two after the accident, it may be possible to point to complications from medication or undiagnosed damage to vital organs.
The other issue relates to proving your dependence upon the deceased worker's income. You must be able to establish dependency by birth, marriage or, in some instances, an extended family relationship. There have been cases in which an elderly parent has been able to prove financial dependency and has been awarded partial death benefits.
Funeral Benefits
After establishing that you are a bona fide dependent, you will be awarded $5,500 toward funeral expenses.
Maximum Rate
Dependent benefits are not determined by the earnings of the decedent. Dependents of the decedent qualify for a total of the maximum rate of pay for the year of death.
The surviving spouse of the worker will receive full death benefits until he or she dies or remarries. Surviving children will receive a percentage of the maximum rate, until age 18 or 25 if attending college.
The first issue relates to the workplace death itself. To qualify for death claim benefits, dependents must prove that the death occurred under an allowed condition, such as a result of a workplace accident, or from complications resulting from treatment of the workplace injuries. When an injured worker dies a year or two after the accident, it may be possible to point to complications from medication or undiagnosed damage to vital organs.
The other issue relates to proving your dependence upon the deceased worker's income. You must be able to establish dependency by birth, marriage or, in some instances, an extended family relationship. There have been cases in which an elderly parent has been able to prove financial dependency and has been awarded partial death benefits.
Funeral Benefits
After establishing that you are a bona fide dependent, you will be awarded $5,500 toward funeral expenses.
Maximum Rate
Dependent benefits are not determined by the earnings of the decedent. Dependents of the decedent qualify for a total of the maximum rate of pay for the year of death.
The surviving spouse of the worker will receive full death benefits until he or she dies or remarries. Surviving children will receive a percentage of the maximum rate, until age 18 or 25 if attending college.
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