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    After an on-the-job injury, workers file a workers’ compensation claim to pay for medical treatment and compensation for missed paychecks until they heal enough to return to work.

    But what happens when an accident is fatal?

    Can workers’ families receive South Carolina workers comp death benefits for the loss of their loved ones after a job injury causes their death?

    If so, how?

    While no one wants to think about losing a family member to a work accident, it’s a question that every family should know the answer to, especially if one parent is the sole source of income for the family.

    The answer is even more relevant for South Carolina residents. As of the latest available data, in 2022, South Carolina reported a total of 132 fatal occupational injuries, reflecting an increase from 107 in 2021. The fatality rate across the U.S. in 2022 stood at 3.7 deaths per 100,000 full-time equivalent (FTE) workers, a slight rise from previous years.

    South Carolina’s data points to transportation incidents on the job as the leading cause, accounting for 39% of workplace deaths, followed by contact with objects/equipment (17%) and exposure to harmful substances or environments (16%).

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    Should I File for Workers’ Compensation Benefits or File a Wrongful Death Claim After My Loved One Dies on the Job?

    If you lost your spouse to a workplace accident, at a minimum, you may be entitled to workers’ compensation death benefits. Depending on who or what caused the accident, you may also be entitled to file a wrongful death lawsuit.

    If your loved one was eligible for workers’ compensation (almost all workers in South Carolina are), you do not have the legal right to sue their employer. You’re usually only compensated by the employer for your loved one’s death through their workers’ compensation insurance.

    If your loved one was killed while working due to the actions of a third party, you may be able to sue the third party for your loved one’s wrongful death.

    Examples include:

    • If your loved one was killed in a motor vehicle accident, you may be able to pursue compensation from the other driver.
    • If your loved one was killed due to defective work equipment or tools, you could pursue compensation from the manufacturer.
    • If your loved one was killed due to the negligence of a contractor, you might be able to pursue compensation from the contractor.
    • If your loved one was killed due to hazardous property conditions, you may be able to pursue compensation from the property owner (provided the property owner is not your loved one’s employer).

    If you have questions about whether your loved one’s death is the fault of a third party, contact the experienced workers’ compensation attorneys at Joye Law Firm to discuss your claim.

    What’s the Difference Between Workers’ Compensation Death Benefits and a Wrongful Death Claim?

    All employers in South Carolina with four or more employees (including part-time workers and family members) are legally required to maintain workers’ compensation insurance. Workers’ compensation insurance provides benefits for on-the-job injuries, illnesses, and deaths regardless of who was at fault.

    When a worker is killed doing job-related activities, workers’ compensation death benefits include:

    • Funeral expenses
    • Medical expenses related to any treatment they received for their injury before their death
    • 2/3rds of the deceased’s weekly wages for up to 500 weeks

    They do not, however, include benefits for non-economic damage such as pain and suffering or punitive damages.

    A wrongful death claim in South Carolina requires the deceased’s family members to prove their death was the result of someone else’s negligence. The executor of the deceased’s estate must file the lawsuit on the family’s behalf—they can’t file it themselves.

    Damages in a wrongful death claim may include:

    • Funeral expenses
    • Medical expenses related to any treatment they received for their injury before their death
    • Lost income and benefits
    • Loss of deceased’s care, companionship, and protection
    • Loss of the deceased’s experience, knowledge, and judgment
    • Pain, suffering, and mental anguish caused by the loss of the deceased
    • Punitive damages, in cases where the defendant acted recklessly, such as by driving under the influence of alcohol or drugs

    What are the Most Common Fatal Work Injuries?

    The top five most common causes of workplace death in South Carolina in 2022 were as follows:

    1. Transportation accidents
    2. Contact with objects and equipment
    3. Exposure to harmful substances or environments
    4. Injuries caused by other people or animals
    5. Falls, slips, and trips

    According to the Bureau of Labor Statistics, transportation-related injuries account for 39% of all work-related fatal accidents in South Carolina

    What are the most dangerous industries in which to work?

    These are the top 10 most dangerous job titles in the U.S. in 2022, based on fatal work injury rates per 100,000 full-time workers:Airplane engineer

    • Logger – 100.7 fatalities per 100,000
    • Roofer – 57.5 fatalities per 100,000
    • Fishing and Hunting Worker – 50.9 fatalities per 100,000
    • Helper in Construction Trades – 38.5 fatalities per 100,000
    • Aircraft Pilot and Flight Engineer – 35.9 fatalities per 100,000
    • Driver/Sales Worker and Truck Driver – 30.4 fatalities per 100,000
    • Iron and Steel Worker (Structural) – 21.3 fatalities per 100,000
    • Refuse and Recyclable Material Collector – 28 fatalities per 100,000
    • Farmer, Rancher, and Agricultural Manager – 14.9 fatalities per 100,000
    • Grounds Maintenance Worker – 18.9 fatalities per 100,000

    These roles are primarily in labor-intensive fields with high exposure to physical risks, including working from heights, operating heavy machinery, and handling hazardous materials.

    Eligibility Requirements for Death Benefits

    In South Carolina, a worker’s dependents must meet specific eligibility criteria based on their relationship to the deceased and their level of dependency to qualify for workers’ compensation death benefits.

    Who qualifies as a dependent?

    Dependents generally include the worker’s spouse, children, and sometimes other family members financially reliant on the deceased.

    Here’s a breakdown of qualifying dependents:

    • Spouse: The worker’s surviving spouse is eligible for benefits unless they remarry. If remarriage occurs, the spouse may receive a final lump-sum payment but will not continue receiving weekly benefits.
    • Children: Children under 18 are typically considered eligible. However, if a child is physically or mentally disabled, they may qualify for extended benefits past age 18. Full-time students may also receive benefits until they turn 23.
    • Other family members: Certain family members, such as parents or siblings, may qualify if they depend financially on the deceased. This is less common and often requires proof of dependency.

    Residency and age requirements

    Dependent children are eligible, providing they meet age and educational criteria. Residency does not typically affect eligibility if the dependents prove their relationship and dependency.

    These eligibility rules help families plan for their future after a loss. The workers’ compensation attorneys at Joye Law Firm are dedicated to helping families navigate the aftermath of a devastating fatal work accident. We’ll explore every avenue to ensure you receive all the available benefits.

    Common Challenges in Securing Workers’ Compensation Death Benefits

    Securing workers’ compensation death benefits in South Carolina often involves challenges that delay or reduce the benefits family members receive.

    Here are some common obstacles families face:

    1. Disputes over the cause of death
      Employers or insurance companies may dispute that the worker’s death directly resulted from a workplace incident, especially if the injury occurred off-site or involved pre-existing conditions.
      These disputes require clear documentation linking the fatality directly to the job.
    2. Proof of dependency
      Only wholly or partially dependent family members qualify for death benefits.
      Establishing dependency may involve providing financial records, proof of residency, and other documentation, particularly for dependents outside the immediate family, such as parents or siblings.
    3. Delays in documentation and filing
      Delays occur when families need time to gather required documents, like medical records and proof of wages.
      Filing within South Carolina’s two-year deadline is essential; otherwise, families risk losing eligibility.
    4. Disputes over benefit amounts
      Insurance providers may challenge the calculation of the deceased worker’s weekly wage, which affects the benefits.
      This situation requires accurate pay records to verify the worker’s earnings and secure the correct compensation amount.
    5. Complexities in third-party claims
      In cases where third-party negligence contributed to the worker’s death, pursuing additional compensation through a third-party claim introduces complexity.
      Families must prove the third party’s fault and manage separate legal actions while handling the workers’ compensation claim.

    Legal guidance helps families address these challenges efficiently, ensuring they receive the benefits owed without unnecessary delays.

    Navigating a workers’ compensation death benefits claim is complex, especially for families already coping with the emotional and financial impact of losing a loved one.

    Joye Law Firm is here to fight for families facing these challenges, providing dedicated legal guidance to ensure they receive the benefits they deserve without unnecessary delays. We’ll stand by your side every step of the way to protect your rights and secure your future.

    Benefits of legal assistance

    Joye Law Firm attorneys discussing a case

    An experienced workers’ compensation attorney supports families by:

    • Handling documentation and filing: Our legal team will manage all paperwork, ensuring the claim meets South Carolina’s specific requirements.
      This includes gathering the necessary medical, financial, and employment documents to substantiate the claim.
    • Communicating with insurers: Insurance companies may dispute aspects of a claim, such as the cause of death or level of dependency.
      Our attorneys act as go-betweens, handling communication with insurers to prevent misunderstandings and negotiate effectively on behalf of the family.
    • Appealing denied claims: When a death benefits claim is initially denied, attorneys represent the family in appeals before the South Carolina Workers’ Compensation Commission.
      This process may involve presenting evidence, cross-examining witnesses, and arguing the case before a commissioner.
    • Pursuing additional compensation through third-party claims: If the worker’s death involved a third party’s negligence (such as a vehicle accident caused by another driver or faulty equipment), families might have the option to file a wrongful death lawsuit.

    Attorneys determine if a third-party claim is possible and, if so, guide the family through this additional legal avenue for compensation.

    Timely Filing for Death Benefits

    In South Carolina, families typically have two years from the worker’s date of death to file a claim for death benefits. Legal support ensures claims are filed within this timeframe, allowing families to avoid potential delays and quickly access the financial relief they need.

    At Joye Law Firm, our experienced attorneys provide the essential guidance families need to secure fair compensation. We will help you understand your rights and navigate every step in the claims process, ensuring the best possible outcome for your case.​

    Have You Lost a Loved One in a Work Accident? We Want to Help.

    Nothing is more devastating than losing someone dear to you in a sudden accident. It feels like your world is ending.

    When your loved one was also your primary source of income, it becomes a struggle to recover not only emotionally but also financially. Some families never manage it.

    We don’t want that to happen to you.

    You deserve compensation for your loss; we’ll work hard to secure it.

    Contact our South Carolina workplace injury attorneys today to learn how we handle the logistics so you can focus on the grieving process.

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