Losing a loved one in a fatal workplace accident is traumatic. Every year, millions of workers face hazards on the job, including being exposed to toxic substances, struck by vehicles, and falling from heights. When these accidents turn fatal, family members often don’t know what their options are for seeking compensation for their loss.
While no amount of money can bring your loved one back, you must understand your rights after losing a family member in a workplace accident. Family members can seek compensation for their loved one’s funeral and burial expenses, the loss of their loved one’s income, and other financial losses related to the fatal accident.
Seeking Compensation for a Loved One’s Fatal Workplace Accident in Pennsylvania
After a fatal workplace accident, family members have two main options for seeking compensation for the loss of their loved ones: Workers’ compensation claims and third-party wrongful death lawsuits.
Workers’ compensation is available to most employees in Pennsylvania and helps to cover injuries from accidents that arise in the course and scope of their employment. Third-party lawsuits apply when a party, who was not the injured person’s employer, was negligent in causing or contributing to the accident.
Workers’ Compensation Death Benefits in Pennsylvania
Under Pennsylvania’s Workers’ Compensation Act, family members of workers killed on the job can recover compensation for their loved one’s medical expenses, funeral and burial costs, and lost wages. Since workers’ compensation is a no-fault system, family members cannot seek compensation for intangible losses, such as their loved one’s pain and suffering or their own emotional distress.
Additionally, only certain family members are eligible to collect death benefits, including:
- The spouse of the deceased
- The children of the deceased, if they are under 18, a full-time student and under 23, or mentally or physically incapacitated
- The parents of the deceased, who were financially dependent on the deceased
- The siblings of the deceased, if they were financially dependent on the deceased and are under 18 or a full-time student and under 23
Third-Party Wrongful Death Lawsuits
If your loved one’s death was entirely or even partially caused by a third party unrelated to their employer, you can seek compensation through a wrongful death lawsuit. These lawsuits allow family members to seek compensation for funeral and burial costs, medical expenses, lost wages, and intangible, personal losses, such as emotional distress and loss of consortium. Those who can recover compensation through a wrongful death lawsuit in Pennsylvania include the spouse, children, and parents of the deceased.
Even if you have a valid claim for death benefits through workers’ compensation, you may have a third-party wrongful death lawsuit, as well. For example, if your loved one’s death was caused by defective machinery, you may have a workers’ compensation claim and a wrongful death lawsuit against the machinery’s manufacturer.
Your loved one’s estate may also have a valid survival action claim, which can recover further compensation for the deceased’s estate, which can then be distributed based on intestate succession. Survival actions arise from personal injury lawsuits the deceased would have had if they had not died as a result of their injuries.
Contact Our Pittsburgh Workplace Accident Lawyers
If your loved one passed away due to a workplace injury in Western Pennsylvania, you can seek compensation for your loss through a workers’ compensation claim for death benefits or a third-party wrongful death lawsuit.
Contact DelVecchio & Miller, LLC, for a free consultation with one of our fatal workplace accident lawyers. We’ll explain your options for seeking compensation and help you take the next steps toward financial recovery.