When you have lost a loved one to a wrongful death at work, it can be hard to know where to begin. In addition to grieving the loss of your family member, you may be wondering what your rights and options are. You are wondering who may be held accountable for what has happened and how to receive the financial compensation that your family needs.

Compensation for Death at Work in South Carolina

Compensation for a death at work may come in two forms in South Carolina – wrongful death and workers’ compensation. Both may be available in the event of a workplace accident death. The two types of claims are different, and it’s important to understand the differences.

Our law firm can assist you if you have lost a loved one due to a workplace fatality. Contact us today to talk to a team member.

Workers’ compensation for a death at work

If a death occurs on the job, family members can claim workers’ compensation benefits. They do not have to prove that the employer was at fault.

• Employers with four or more employees must provide workers’ compensation benefits. Most employers have workers’ compensation insurance.
• The surviving spouse, children under 18, children ages 19-23 who are full-time students and older dependent children may all claim benefits. If there are multiple survivors, the spouse receives half and the rest is split among others.
• Payments are 2/3 of the worker’s average wages for 500 weeks. Funeral and burial expenses may also be paid up to $12,000.
• Survivors must file a claim for benefits within the allotted time frames.

You may have a lawyer assist you with the workers’ compensation process.

Wrongful death – workplace death lawsuit

Unfortunately, workers’ compensation benefits are limited. They do not compensate survivors fully for the loss that has occurred including emotional anguish and lost long-term financial support. However, a wrongful death claim may be available.

A wrongful death claim:

• May be brought against someone other than the employer.
• Is based on fault like negligence, recklessness or intentional misconduct.
• Does not have limitations on damages that apply to workers’ compensation claims.
• May claim lost financial support, pain and suffering, loss of care and companionship and other expenses.

Even if workers’ compensation benefits apply, survivors do not lose their rights to wrongful death benefits if there is a third party that is liable for the death. There may be an offset of total compensation received to prohibit double recovery, but it still may be beneficial to pursue both types of claims.

How a lawyer can help you

If you have lost a loved one because of a wrongful death at work, it’s best to involve a lawyer as soon as possible. We can assist you in making the correct reports, investigating and preserving evidence. It is our goal to look at all the options and determine the ways that you may receive compensation. We want to ease the burden of the claims process and explore all avenues for you to receive justice for your loved one and the financial relief that can assist your family.

Talk to a lawyer today

If you have lost a loved one in a workplace accident, we invite you to talk to a lawyer at The Law Office of Steven M. Krause, PA today. We understand your grief. Get answers to your questions and see how we can help. Contact us today.

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Steven M. Krause

Steven Krause is a personal injury, auto accident, and workers’ compensation lawyer who practices in Anderson, SC. He graduated form the Thomas M. Cooley School of Law and has been practicing law for 40 years now. Steven Krause believes in fighting for the injured. Learn more about his experience here.