How Is Workers Comp For Wrongful Death Determined?

The laws regarding workers comp wrongful death cases have been installed as a necessary part of workers compensation law, as they provide financial relief to the victim’s family to assist in the payment of funeral costs and compensate surviving family members in events of worker death.

Determining Wrongful Death

If an employee dies while working for their employer due to employer negligence or accidental circumstances, the employee’s surviving family may be dealing with a wrongful death workers compensation case. Most wrongful death cases begin with an investigation into whether or not the death actually arose out of the employee's duties. This is determined by gaining insight to aspects of the accident itself, but it is important to note that negligence isn't a factor in wrongful death cases since if the accident happened at or because of work, the employer is automatically or strictly liable

What Wrongful Death Worker Compensation Should Cover

The purpose of wrongful death compensation law is centered around assisting the victim’s surviving family to recover from their loss as easily as possible. Though there typically is no assignable monetary value a family can place on the loss of their loved one, in most cases it is necessary for the family of the victim to attain the maximum amount they can be awarded, depending in most cases directly on the laws regarding workers compensation law in the state which they reside. The elements a family should consider when seeking compensation for their loss are as follows:

Funeral Expenses and/or any Medical Costs Involved
Benefits for Widow/Widowers
Benefits for Surviving Dependents
Benefits for Widow/Widowers with No Eligible Child
Benefits for Widow/Widowers with Eligible Children
Benefits for Children with no Eligible Widow/Widower

Getting Help

Each state carries its own laws and procedural guidelines when determining the amount of compensation granted to the victim’s surviving family members. It is in the best interest of any possible beneficiaries to contact a professional workers compensation lawyer to establish the case is indeed a wrongful death case, and to ensure the maximum amount of compensation is attained. In some cases, especially those in which a workers compensation law professional’s services are not attained, and depending on the amount of responsibility placed on the employer, surviving spouses and dependent children are granted only a fraction of the victim’s earned income.

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