What Happens if Someone is Killed at Work?

| May 18, 2015 | Workers Compensation

Most states in the nation, including South Carolina, offer financial compensation if an employee is injured while at work. Compensation for injuries can range in severity and may even include death. If a worker dies while on a job site or while working, a company may be liable to that person or person’s family to compensate them for their loss. This type of payment to the family or loved one’s of the lost individual is called Workers’ Compensation.

The South Carolina Workers’ Compensation Act allows for individuals whose family member is killed while on the job to file a claim on behalf of a lost loved one in order to receive compensation for their damages. If their claim is successful, they may be able to receive for the death including a burial allowance. When a Workers’ Compensation claim is filed on behalf of a lost loved one, the compensation would be awarded to a spouse or qualifying dependence is defined in the Worker’s Compensation Act.

Additionally, it is important to be aware of the statute of limitations (or timeframe required to file a lawsuit) and file a claim within the necessary window of time or your ability to file may be lost.

Work-Related Deaths in South Carolina

Recently, a South Carolina Department of Labor report stated that in 2013, there were 72 fatal work-related accidents reported in South Carolina. In South Carolina, it is stated that construction industry is amongst the most dangerous of work forces, resulting in the highest number of deaths occurring on an annual basis.

The overall wage compensation rate is a standard set by The South Carolina Workers’ Compensation Act. The general rule in South Carolina for fatal work-related deaths states the payout rate is 66 and two-thirds percent of the injured Workers’ average weekly wage. Although that is the general rule, there are also minimum and maximum stated amounts. This can be good news for some people if that minimum is above their pay rate, or troublesome for some who received above the maximum ceiling standard amount.

A successful claimant who filed for compensation on behalf of their lost loved one is able to receive benefit payments for up to 500 weeks. A seasoned Workers’ Compensation Attorney can help educate you on what this means for the loss of a loved one and how compensation is distributed to a spouse or other qualifying dependents.

Contact an Experienced Greenville Workers’ Compensation Attorney Today

South Carolina Workers’ Compensation Attorney Venus Poe has the experience and in-depth knowledge in this highly specific and often complex area of law. You need an attorney you can trust that knows the law and can handle your claim effectively. There are nuances to filing a claim that can have an affect on it being approved or denied, so it is important to seek seasoned representation immediately.

We know this is a difficult time in your life, and we want to help ease your stress. Contact us today and allow a firm with over a decade of experience work on the behalf of you or your lost loved one. Call Venus Poe today at (864) 963-0310 to get started with your Workers’ Compensation claim or fill out this online case evaluation form.