Losing a loved one is never easy, no matter the circumstance. No amount of money will ever take away from the pain of losing your loved one and possibly the provider of your family. Losing a loved one due to a workplace accident can be difficult and painful not knowing if the accident could have been prevented in the first place!
If your loved one was the primary or sole provider for the family, a certain type of stress comes into play—how will you provide for my family now?
In the state of Ohio, workers’ compensation insurance provides death benefits to surviving dependents.
There are, however, 2 requirements that a dependent must meet in order to apply for and receive death benefits:
- The dependent must be fully or partly dependent on the deceased worker.
- The dependent must have been in the deceased worker’s family—surviving spouse, parents of the deceased, children of the deceased, sibling of the deceased.
Death benefits will be based on the level of dependency the dependents had on the worker while living. To file a death claim and receive death benefits, it would be best to seek legal counsel to help guide you through the application process.
In other scenarios, additional compensation may be provided if a loved one’s death was caused by workplace negligence and fall under the term Wrongful Death.
Several examples of this include:
- Death caused by an auto accident while on the job: pursuing the negligent driver of the motor vehicle accident
- Death caused by a party other than the worker’s employer: an attorney can file a personal injury claim against a third party (vendors, subcontractors, equipment manufacturers for product liability)
- Death caused by severe negligence of the employer: this includes negligence such as the employer manufacturing a defective product, knowing of a missing piece on equipment that can cause serious harm/death (i.e. guard on a power press machine), or if the employer fails to secure workers’ compensation coverage at the time of the injury.
It is important to contact an attorney immediately following the death of a loved one while on the job.
An attorney will know the ins and outs of a work injury wrongful death claim—do not attempt to take this type of case on without legal representation! Call my office immediately to consult on the matter at 1 (855) 800-0384. As your Ohio workers’ compensation lawyer, I’ll be there for you, and I’ll Make Them Pay!®