Filing a Claim for a Fatal Work Accident in Ohio

If you have lost a loved one to a fatal work accident in Ohio, sadly, you are not alone. Fatal work accidents are far too common—especially in construction and other high-risk occupations—and they often leave spouses, children, parents and other family members struggling to understand how they will move on.

While filing a claim will never replace what you have lost, it can be an important step in the coping process. It can also be important for your family’s long-term financial stability.

When you lose a loved one in a fatal work accident, there are potentially two types of claims you can file. The first is a claim for death benefits through workers’ compensation. The second is a claim for wrongful death. Here is a brief introduction to what you need to know about both types of claims:

Seeking Death Benefits Through Workers’ Compensation

Workers’ compensation covers most types of injuries and illnesses suffered on the job. While it covers employees’ medical costs and a portion of their lost wages when they are unable to work, it also covers eligible family members’ losses when a loved one dies too soon. Workers’ compensation death benefits fall into three categories:

• Medical Benefits – If your loved one received medical treatment prior to his or her death, the costs of this treatment should be fully covered.
• Funeral Benefits – Under Ohio law, workers’ compensation death benefits include up to $5,500 for funeral and burial or cremation expenses.
• Income Replacement Benefits – Eligible family members can also claim income replacement benefits equal to two-thirds of their loved one’s wage or salary, subject to both maximum and minimum amounts.

All of these benefits are generally tax-free, although before filing your taxes, you may want to consult with a tax professional to ensure that you pay what you owe and claim all of the tax benefits that are available to you.

Like many other states, Ohio has a “no-fault” workers’ compensation system. This has two important implications. First, with only very limited exceptions, it means that eligible family members (who may include the victim’s spouse and children) can file a claim regardless of the cause of their loved one’s death.

Second, it means that employers are immune, with only very limited exceptions, from wrongful death lawsuits as long as they comply with the laws. In other words, if you have a claim for workers’ compensation death benefits, you most likely cannot sue your loved one’s employer for additional compensation.

Filing a Wrongful Death Claim for a Fatal Work Accident

But, not everyone who works is an employee, and employers aren’t the only companies that can be legally responsible for fatal work accidents. As a result, eligible family members will often have wrongful death claims following fatal work accidents as well.

When Families in Ohio Can File Wrongful Death Claims for Fatal Work Accidents

Families in Ohio can file wrongful death claims for fatal work accidents in three main scenarios:

1. A Company Other than Your Loved One’s Employer is Responsible

While employees and their family members cannot sue their employers, they can sue other companies. As a result, if a company other than your loved one’s employer is responsible for his or her death, you may be eligible to file a wrongful death lawsuit.

2. Your Loved One was an Independent Contractor

If your loved one was an independent contractor instead of an employee, then Ohio’s workers’ compensation laws don’t apply. If your loved one received a 1099 instead of a W-2, this most likely means that he or she was an independent contractor. If you aren’t sure of your loved one’s employment status, our lawyers can help.

3. Your Loved One’s Employer Isn’t Complying with the Law

To be immune from wrongful death lawsuits, employers in Ohio must comply with the state’s workers’ compensation laws. If your loved one’s employer is not in compliance with the law, it should not be protected from liability if it is responsible for your loved one’s death.

Proving that Someone Else’s Negligence is to Blame for Your Loved One’s Death

Although family members do not need to prove negligence in order to receive workers’ compensation benefits under Ohio’s “no fault” system, proof of negligence is required to file a claim for wrongful death. So, what is negligence?

Generally speaking, negligence involves a breach of a duty of care. All companies owe duties to workers, and workers, drivers and other individuals owe various duties as well. With this in mind, some of the most common forms of negligence include:

• Hiring unskilled or unqualified workers who make fatal mistakes on the job
• Failing to follow necessary safety protocols
• Misusing tools, ladders and other equipment
• Misusing forklifts and other machinery  
• Speeding, driving while distracted and driving under the influence

Whether your loved one was tragically killed on a job site, while driving between job sites or in a different scenario while working, it will be well worth discussing all of your options with an experienced attorney.

Why It’s Important to Know if You Have a Wrongful Death Claim

Why is it important to know if you have a wrongful death claim—especially if you are eligible for death benefits through workers’ compensation?

The costs of losing a loved one too soon can be substantial. While workers’ compensation provides some coverage for fatal work accidents, it does not cover all of the financial and non-financial costs of a loved one’s untimely death. If your family has a wrongful death claim, an experienced attorney can help you seek compensation for all of these costs—including your loved one’s pain and suffering and your own personal loss of care, companionship, consortium and enjoyment of life.

Schedule a Free, No-Obligation Consultation at Malek & Malek Law Firm

Do you need to know more about filing a claim for a fatal work accident in Ohio? If so, we strongly encourage you to get in touch. To schedule a free, no-obligation consultation at Malek & Malek Law Firm, call 888-444-7440 or tell us how we can reach you online today.