Who Pays if Workers Die From Workplace Accidents?

 Posted on September 17,2024 in Workers' Compensation

A tragic accident claimed the life of an amphibious excavator operator in the Cape Fear River in August. The North Carolina Department of Labor’s Occupational Safety and Health Division is investigating this accident because it happened on federally-owned property. As the investigation into this death is ongoing, the cause of the accident has not yet been established.

If a fatal workplace incident takes the life of your family member, are you eligible to receive compensation through a workers’ comp claim? Who is responsible for paying you? The compassionate lawyers at Vasquez Law Firm, PLLC can answer those questions during your free consultation, so call us today.

What Does North Carolina’s Workers’ Comp Cover?

Most employers in North Carolina are required by law to purchase workers’ compensation insurance. These policies pay specific benefits to workers who become ill or injured on the job, including:

• Medical expenses

• A portion of lost wages

• Temporary or permanent disability benefits

If an employee dies because of a work-related injury or illness, eligible survivors can receive workers’ comp death benefits. When workers or their families accept workers’ comp benefits, they usually enter a tacit agreement not to pursue personal injury or wrongful death claims against the employer. However, depending on the circumstances, you may qualify for compensation paid by third parties. Your legal team from Vasquez Law Firm, PLLC can handle all eligible claims.

How Do You Know Who Should Pay?

Accidents can happen in any workplace, from office settings and warehouse operations to retail stores and land excavation. Injuries range from repetitive motion injuries and broken bones to spinal cord damage, brain injuries, and fatalities.

Although workers do not have to prove fault to receive workers’ comp benefits, establishing why an accident happened may give grounds for additional compensation through a personal injury or wrongful death claim. Examples of third-party liability include:

• Manufacturers may be liable for defective parts or equipment.

• Although you may work for a company contracted to perform work, landowners might be liable for injuries due to work done on their property.

• If your job duties involve driving, another motorist could be at fault for a motor vehicle collision that injures you.

• If several crews working for multiple companies are on a job site simultaneously, another company may be liable.

• If a delivery company employee injures you in your office, the employee and his employer might be at fault.

It is impossible to determine whether you can file additional claims and who should pay until your attorney from Vasquez Law Firm, PLLC investigates the circumstances surrounding your workplace injury or your loved one’s death. However, we will help you pursue all available means of getting compensation.

Contact Our Dedicated Raleigh, NC Workers’ Compensation Lawyers Today

If you have questions or need assistance with your own workers’ comp claim or a family member’s, you can count on Vasquez Law Firm, PLLC to protect your best interests. Call us at 1-844-YO-PELEO for your free consultation. Our knowledgeable Smithfield, NC personal injury attorneys will discuss your circumstances and explain your legal options. Hablamos Español.