Posted by: Kisling, Nestico & Redick, LLC
Work-related injuries take the lives of thousands of workers in the United States each year. According to the U.S. Bureau of Labor Statistics, there were 5,190 fatal work injuries in 2016, a seven percent increase from the 4,836 work fatalities reported in 2015.
When a workplace injury arises, surviving family members lose their loved one as well as the income they may have depended on. It can be stressful to deal with the financial consequences of a family member’s death in addition to any legal proceedings you need to take part in. If you’re in this situation, the best thing you can do for yourself is to contact a lawyer for help.
Fortunately, Ohio workers’ compensation laws provide compensation for surviving family members when workplace fatalities occur. If you’ve lost a loved one in a workplace accident and want to learn more about how these laws may assist your family during this difficult time, reach out to an experienced Ohio work injury lawyer at Kisling, Nestico & Redick.
Contact us today at 1-800-HURT-NOW to schedule a free, initial case consultation.
Causes of Ohio Workplace Fatalities
Although workplace fatalities may occur in any industry, they are widely seen in construction. The major causes of fatal on-the-job accidents include falls, getting struck by an object, being caught in between objects, and electrocution.
By adhering to the Occupational Safety and Health Administration’s (OSHA) regulations, employers can reduce their risk of workplace fatalities. Unfortunately, many employers disregard the OSHA and violate it by failing to:
- Properly protect employees from falls
- Use the correct electrical wiring methods
- Implement a written hazard communication program
- Perform required evaluations for employees who use respirators
- Use forklifts properly
- Provide adequate training
- Enforce safety rules
If your loved one incurred harm and eventually died because their employer failed to provide an adequately safe work environment, contact a work injury lawyer at our firm to learn more about your legal options moving forward.
Ohio Death Benefits
If you’ve lost a loved one due to a workplace accident and were dependent on their income, you may be able to collect death benefits. Under Ohio workers’ compensation laws, you may recover these benefits if you are:
- A spouse who survived the decedent and lived with the employee when they passed away
- A spouse who survived the decedent, but was separated from the employee when they passed away because of their aggression
- A child under 18 years of age
- A child under 25 enrolled in school full time at an accredited institution
- An adult child with physical or mental disabilities
Death benefits in Ohio are 662/3 percent of the worker’s weekly wages. In 2018, the minimum amount for this is $466 per week, while the maximum is $932. A spouse will receive death benefits until they remarry or pass away, while children will receive payments until they are 18 or 25 (if they are enrolled in an accredited educational program). Children who are mentally or physically incapacitated may receive benefits for as long as the incapacity persists. Additionally, workers’ compensation laws allow for up to $5,500 of burial expenses to be covered.
If your loved one was killed on the job and qualify for death benefits, you must file a claim with the Ohio Bureau of Workers’ Compensation within a year of their death. A work injury lawyer can guide you through this process and ensure your rights remain protected.
Contact a Work Injury Lawyer Today
If your loved one lost their life in a workplace injury, it’s wise to contact a highly-skilled work injury lawyer at Kisling, Nestico & Redick. We’ll investigate your case and inform you of your legal options while you and your family concentrate on grieving your loss. Call us at 1-800-HURT-NOW today, or reach out through our online form to schedule a free case consultation.