The International Labor Organization (ILO) estimates almost three million workers die each year due to work-related accidents and diseases. Some industries present a higher risk of death than others. According to a national census by the Bureau of Labor Statistics (BLS), in 2022 workers in transportation and material moving occupations represented the occupational group with the most fatalities. This was followed by construction and extraction workers.
When a loved one loses their life as a result of a workplace accident their surviving family members will likely consider the legal remedies available to them to seek compensation and justice for their loss. Depending on the circumstances, some may consider pursuing civil action against the employer in the form of a wrongful death claim. In this article, we will explore the legal remedies available to surviving family members following a workplace death.
Workers’ Compensation Death Benefits
The workers’ compensation scheme is a no-fault system designed to provide financial benefits to employees who are injured during the course of their employment. This scheme also pays out death benefits to the surviving spouse or eligible family members of an employee who dies as a result of an on-the-job injury or illness. Death benefits typically cover a portion of the deceased worker’s wages, funeral and burial expenses, medical expenses and other support payments.
As a general rule, workers’ compensation is considered to be the ‘exclusive remedy’ for job-related injuries and deaths. This means employees waive their right to sue their employers, giving them immunity from lawsuits. As a result, a surviving family member will be precluded from filing a wrongful death lawsuit against the employer.
While the victim’s family will still be compensated under the workers’ compensation scheme, the amount they receive may be limited in cases where the employer was negligent. In contrast to other types of civil action for negligence, there is no award for non-economic matters such as emotional distress or loss of consortium and no punitive damages will be awarded either.
However, a few exceptions to the exclusive remedy rule do exist, offering surviving family members the possibility to pursue additional legal recourse.
Exceptions to the Rule
There are a few notable exceptions to the exclusive remedy rule where legal action may be possible beyond the limits of workers’ compensation:
- Intentional conduct: This is where an employer’s actions deliberately caused harm or death to an employee or were carried out with a willful disregard for their safety and well-being. As the employer acted consciously with the intention to harm the employee, their actions go beyond negligence. For example, an employer who deliberately exposes employees to fatal hazards knowing the risks they present to them may face a wrongful death lawsuit.
- Third-party claims: A third party, other than the employer may be responsible for the employee’s death. This might include another employee, manufacturer, supplier, or subcontractor. For example, unsafe or defective machinery produced by a manufacturer could have caused a workplace accident that ended to the employee’s death. In this case, the surviving family members may have grounds for bringing a wrongful death claim against them.
- No workers’ compensation coverage: Most employers are legally required to carry workers’ compensation insurance. In cases where they fail to do this the protection typically provided by workers’ compensation would not apply. A wrongful death lawsuit may be filed against the uninsured employer by the deceased dependant’s.
If any of these scenarios apply in relation to an employee’s death, their surviving family members may be eligible to pursue a wrongful death claim against their employer.
Wrongful Death Lawsuits
In cases where exceptions to the workers’ compensation exclusive remedy rule apply, the deceased’s family members may have grounds for bringing a wrongful death claim against their employer. The laws relating to who can file a wrongful death claim vary from state to state. However, in most cases either the executor of the deceased’s estate or a representative of their family, such as a surviving spouse, child, or parent, may file a wrongful death claim.
Under this civil action, the potential for compensation is greater compared to a workers’ compensation claim as plaintiffs are able to receive compensation for intangible losses and may even be awarded punitive damages where the court deems the employer actions to have been particularly wilful or egregious. Damages awarded in wrongful death lawsuit typically include:
- Medical expenses: These include the cost of medical treatment received by the employee prior to their death. For example, hospital bills, surgery, prescription medications and physical therapy costs incurred as a result of the work-related injury or illness that led to their death.
- Funeral and burial expenses
- Lost wages: This includes the lost future wages and earning capacity of the deceased. The sum awarded will be based on factors such as the deceased’s occupation, age, education, experience, and potential career trajectory. It may also take into account the future financial needs of the deceased’s dependents.
In cases of wrongful death the court is likely to also award the plaintiff non-economic damages. These are designed to compensate them for subjective, intangible losses including:
Workers’ Comp or Wrongful Death?
When deciding which legal avenue to pursue following the death of a loved one, it is helpful to consider the following:
- Compensation: The amount of compensation awarded in a wrongful death claim is potentially much higher compared to a workers’ compensation claim. This is especially so, given that punitive damages may also be awarded to deter similar conduct from others in the future.
- Burden of proof: The workers’ compensation system is a no-fault system, meaning claimants do not have to prove the employer was negligent in causing the employee’s death in order to claim benefits. In contrast, a plaintiff in a wrongful death claim will have to demonstrate that a third-party’s or employer’s intentional misconduct or wrongful actions led to the death.
- Time frame: Unlike a workers’ compensation claim, a wrongful death claim can take several months or years to reach a settlement or a verdict due to the requirement to gather evidence, prove liability and navigate legal procedures.
By consulting with an experienced attorney, family members can determine the best course of action to pursue in the case of a work-related death.
Featured Photo by Josue Isai Ramos Figueroa on Unsplash
