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A family may receive compensation for a worker’s wrongful death

On Behalf of | Oct 5, 2020 | Wrongful Death

Families of an employee who died as a result of a work-related injury or accident may file for survivors’ benefits through workers’ compensation. According to the Ohio Revised Code, Chapter 4123, benefits are available to dependents of an employee who died from an injury or an occupational disease incurred while on-the-job. 

Generally, a dependent spouse and minor children may receive compensation through a deceased employee’s workman’s compensation benefits. Depending on the circumstances, the benefits may continue for several years. 

Survivors’ benefits obtained through workers’ comp may be temporary

A surviving spouse in Ohio could receive payments until he or she passes away or remarries. Upon remarriage, however, a spouse may not receive more than two years of benefits, typically paid in a lump sum amount. 

The deceased’s minor children may continue to receive survivor benefits until reaching the age of 18. If they are in college, the age limit may increase to 25. Adult children with a disability may receive survivors’ benefits until they recover from their condition and can find work to support themselves. 

Legal action may provide a greater degree of compensation

A fatal workplace accident may justify filing a lawsuit against a company for its failure to protect its employees. The court may find an employer negligent in its duty of care to prevent a hazardous or dangerous work environment from developing. 

When an employer breaches its duty and an accident results in a wrongful death or a permanent disability, families can pursue a legal action. A court may hold the company liable and award damages for the lost income, medical or funeral expenses, loss of consortium and for pain and suffering. 

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