There is nothing that can prepare a family for the loss of a loved one. However, many families that lose someone to a fatal work injury are eligible for benefits and compensation through Workers’ Compensation. Finding out what benefits you are eligible for can help cover the costs of funeral arrangements and other costs that accrue after someone has passed away. Please contact our Pennsylvania workers’ comp attorneys handling fatal work accidents and wrongful death claims.
If the worker was an employee fatally injured in a work-related accident or received permanent or partial total disability before dying of an unrelated cause, their spouse or dependent may receive compensation. Our team of Philadelphia Workers’ Compensation lawyers understand the laws as they apply to these situations and can help your family recover the damages you deserve while you focus on what is important.
What Can Be Claimed?
Not all employers offer the families of those who die on the job the financial settlements they deserve. When that occurs, the family is urged to seek a wrongful death claim to receive what they are owed. Compensation to a family can include:
- Income lost and wage loss benefits
- Mental anguish
- Pain and suffering before death
- Companionship lost
- Punitive damages
Workers’ Compensation Death Benefits
Workers’ Compensation coverage includes death benefits, also known as survivor benefits, for the family left behind, including a spouse or other dependents, such as a minor child. Benefits the surviving members are entitled to include weekly benefits at 66 and two-thirds percent of the deceased family member’s wages from one year before the accident, and a maximum of $5,000 toward funeral expenses. These benefits can be extended for dependents who have a disability, are in the military, or are enrolled in college at the time of the death.
In some cases, consequential death claims may apply. This typically occurs when an employee is receiving benefits for a disability caused by an injury on the job and the worker later dies, either related or not related to this original disability. An example would be a worker going on disability leave for a head injury, being put on pain killers, then dying of complications caused by the medication. Although the death was not directly caused by the head injury, the worker would not have died if the injury had not occurred. Cases where the death is fully unrelated to the disability leave may have a case despite the lack of relation. In those cases, it is advisable to seek legal counsel as soon as possible for the best possible outcome.
Workplace accidents are unfortunately all too common. Whether the worker died on the job or as a complication later on, our team of Philadelphia Workers’ Compensation lawyers provide assistance with the following types of accidents and more:
- Accidents involving machinery
- Accidents that occur on construction sites
- Scaffolding accidents
- Explosions, fires, electrocutions, and burns
- Motor vehicle accidents while on the job
Wrongful death suits may be filed against the employer, or may hold the manufacturer liable for the incident, depending on the details of the case. When the case is against a manufacturer, property owner, negligent driver, or other third party that was somehow involved, cases get complicated quickly. Typically, when these incidents occur while on duty, employers are unlikely to dispute the claim.
When a claim is disputed, most often with a third party, negligence must be proven. In cases where poorly constructed or defective scaffolding leads to death or injury, evidence usually proves the case for the family. However, when a property owner is challenged, witnesses may be needed to show that the property owner had a breach of duty in keeping the grounds safe for workers. No matter what the case, our team of knowledgeable attorneys can help put your claim together by gathering the right evidence and calling the best witnesses to gain compensation.
Philadelphia Workers’ Compensation Lawyers at E.S. Borjeson & Associates Represent Families of Those Killed in Fatal Work Accidents
When a family suffers the loss of a family member, compensation is often the last thing on their minds. Our team of Philadelphia Workers’ Compensation lawyers at E.S. Borjeson & Associates will allow your family to focus on grieving loss and picking up the pieces at home while we seek compensation and benefits on your behalf. Contact us online or call 215-772-3020 today to find out how we can help.
We proudly serve all of Southeastern Pennsylvania including Aston, Avondale, Avon Grove, Bethel, Kennett Square, Chester, Darby, Darby Township, Glenolden, Yeadon, Collingdale, Radnor, Chester Heights, Swarthmore, Thornbury Township, Marple Township, Cheltenham, Haverford, East Goshen,East Bradford, East Fallowfield, Nether Providence Township, Newtown Square, Middletown Township, Ridley Township, Ridley Park, West Chester, Coatesville, Concord Township, Brookhaven, Paoli, Downingtown, Oxford, Upper Darby, Media, Lima, Springfield, Broomall, Plymouth Meeting, King of Prussia, Doylestown, Blue Bell, Pottstown, Philadelphia, Norristown, Ambler, Malvern, Langhorne, Willow Grove, York and New Hope, Pennsylvania.