Ohio Work-Related Wrongful Death Claims: A Guide for Families

Compassionate Guidance After a Devastating Loss

Losing a loved one in a workplace accident is a devastating experience. In addition to the emotional grief, families are often left facing unexpected financial burdens. While no amount of money can truly compensate for your loss, the Ohio workers’ compensation system provides a framework to help resolve the financial challenges that arise after a death in the family.

At the Philip J. Fulton Law Office, we understand the profound impact of a fatal workplace accident. Our goal is to help surviving family members navigate the legal process with compassion and ensure you receive the full financial support you are entitled to.

Understanding Your Rights: Two Potential Paths to Compensation

When a person dies on the job, their immediate family may be entitled to two different kinds of compensation, depending on the circumstances of the accident.

1. Workers’ Compensation Death Benefits

First and foremost, the Ohio workers’ compensation system provides death benefits to eligible next of kin, such as a spouse and dependent children. These benefits are available regardless of who was at fault for the accident. The primary purpose of these weekly benefits is to compensate the family for the lost wages and financial support their loved one would have provided.

It is critical to act quickly when filing for these benefits, as strict timelines apply. Our attorneys can act fast to file your claim and ensure you receive the weekly death benefits you are entitled to.

2. Third-Party Wrongful Death Lawsuits

While workers’ compensation laws prevent you from suing your loved one’s employer, a separate legal claim may be possible if the death was caused by the negligence of a **third party**. A “third party” is someone other than the employer or a co-worker.

Examples of negligent third parties in a workplace accident could include:

The manufacturer of defective equipment that failed.
A subcontractor on a construction site who created an unsafe condition.
A negligent driver who caused a fatal vehicle accident while your loved one was on the job.

A wrongful death lawsuit can provide a lump-sum compensation award for end-of-life costs, future lost wages, and other financial and emotional damages. In cases of particularly egregious wrongdoing, a jury may also award punitive damages. Our legal team will thoroughly investigate your case to determine if a wrongful death claim is an option to ensure no opportunity for compensation is overlooked.

Construction Accidents: A Leading Cause of Wrongful Death

More than one in every five workplace fatalities in the United States happens on a construction site. Dangerous heavy machinery, power tools, hazardous substances, and the risk of falls surround construction workers every day. Even workers who are consistently careful can fall victim to defective equipment or the mistakes of others. When such a tragedy occurs, a construction accident and wrongful death attorney can help surviving family members pick up the pieces and secure their financial future.

A Special Circumstance: Claims for Unpaid Benefits

What happens if your loved one was already receiving workers’ compensation benefits for a previous injury when they passed away (for reasons related or unrelated to the claim)? Those unpaid benefits do not simply disappear. The surviving family has the right to collect any compensation that was still owed to their loved one. Our attorneys can carefully analyze the case to ensure you receive everything your loved one was entitled to.

Start with a Free Consultation

It is difficult to think about legal and financial matters after losing a loved one, but this is precisely when an experienced attorney can be most valuable. A compassionate wrongful death attorney from the Philip J. Fulton Law Office can help ensure that you and your family do not have to face financial hardship in addition to the personal challenges of your loss.

We handle these claims on a contingency fee basis, which means you owe us no attorney fees unless we successfully recover benefits for you.

To schedule a free, no-obligation consultation, call our Columbus office at 614-224-3838 today or contact us online.