Workplace accidents, injuries, and illnesses can be incredibly harmful and sometimes even fatal. Luckily, workplace deaths are relatively uncommon. Ohio had 78,000 nonfatal work injuries and illnesses in 2021. In comparison, Ohio only had a total of 171 work-related deaths that same year.
While work-related deaths are rare, the effects of them can be devastating. A family loses a loved one and often a primary source of income. Navigating the Ohio workers’ compensation system alone can cause individuals unnecessary stress in an already trying time. Hiring an experienced Ohio workers’ compensation attorney like Mark L. Newman can help those affected by work-related deaths.
What Happens When an Employee Dies from Work-Related Injuries?
If a worker dies, the Ohio Bureau of Worker Compensation (BWC) may award monetary benefits to certain dependents of the worker. But what kinds of benefits are available? Who is eligible to receive these benefits? How long do these benefits last? In this article, we’ll dive deep into Ohio workers’ compensation benefits available in the event of a worker’s death and how an experienced attorney like Mark L. Newman can help you and your family receive those benefits.
Certain individuals can be eligible to receive death benefits and/or accrued compensation following the death of a worker. If an employee dies as a result of an on the job accident their family may be entitled to death benefits. If a worker dies while they are receiving workers’ compensation benefits, their family and other individuals may be entitled to accrued compensation. Let’s take a look at workers’ compensation death benefits first, and then we’ll discuss accrued compensation.
What are Death Benefits?
Death benefits are funds awarded to certain surviving family members of a worker if that worker dies as a result of injuries sustained on the job. This includes instantaneous death caused by an accident in the workplace or death caused by an illness or condition the worker developed because of their job duties or work environment.
Death benefits exist to help supplement the sudden loss of income caused by a worker’s death. If a worker is a primary provider in their household and they die as a direct result of their job, death benefits can help their dependent family members get by.
Imagine your house loses one of its primary providers. You and your family are no longer able to live off of that person’s salary. Now it’s more difficult to pay bills and make ends meet. Not to mention the medical and funeral expenses. This may cause serious financial stress for you and your family. These benefits can be extremely helpful in relieving your family of monetary stress.
Types of Workplace-Related Deaths
Workers might tragically die as a result of either a workplace accident or an occupational disease. Workplace accidents are incidents in which a worker is injured, like work-related vehicle accidents, slip and falls, or fires. An occupational disease is a medical condition a worker develops due to exposure to toxins in their work environment. Some examples being lung disease from exposure to smoke or mesothelioma from exposure to asbestos.
Who is Eligible for Ohio Death Benefits?
Surviving dependents, or those who depended on the worker for support, are eligible for Ohio death benefits under Section 4123.59 of the Ohio Revised Code. Dependents include the deceased worker’s:
- Surviving spouse;
- Children who are under the age of 18;
- Children who are between the ages of 18-25 and are full-time students in an accredited learning institution; and
- Children who are physically or mentally incapacitated.
While the list of eligible people is short, there may be other people that depended on the worker financially. This can include a parent who was living with the worker at the time of their death or a former spouse of the deceased. In certain cases, these additional family members may also be able to receive death benefits.
What Death Benefits Are Dependents Entitled To?
The dependents of the employee who died due to a work-related injury or occupational disease are entitled to a weekly payment in the amount of 66 ⅔ of the employee’s average weekly wage. Death benefits are paid bi-weekly. When there is more than one person who was dependent upon the employee at the time of death, the Ohio BWC will apportion the weekly amount of compensation among the dependents.
Death benefits can also include reimbursement for funeral expenses, with a maximum reimbursement of $5,500.
How Long Do Death Benefits Last?
Death benefits last various lengths of time for different recipients.
Dependent Spouse: The spouse of the deceased worker can receive death benefits for the rest of their life or until they remarry. If the dependent spouse remarries, they will receive 2 years’ worth of death benefits and no further compensation will be paid to the spouse.
Dependent Children: Any children of the deceased worker will receive benefits until they are 18 years old. If a child of the deceased is enrolled in an accredited university full-time, they can continue to receive benefits until they are 25 years old or until they are no longer full-time students. If a child of the deceased is mentally or physically incapacitated in a way that prevents them from earning money, they can continue to receive benefits until they are no longer incapacitated.
Filing a Claim for Workers’ Compensation Death Benefits in Ohio
In order to receive death benefit payments, a dependent must apply for benefits through the BWC. Dependents can file an Application for Death Benefits and/or Funeral Expenses (C-5) or an Application for Adjustment of Claim in Case of Death Due to Occupational Disease (OD-58-22) with the Ohio BWC.
Death claim cases can be very nuanced, and those seeking workers’ comp death benefits might want to hire an attorney. Hiring a workers’ compensation lawyer can alleviate the stress of filling out forms and applications, allowing surviving family members to receive the benefits they deserve. With a long history of handling workers’ compensation claims, Cincinnati workers’ comp attorney Mark L. Newman can help individuals apply for death benefits correctly and effectively.
What is Accrued Compensation?
Accrued compensation is the unpaid balance of any workers’ compensation award due to the decedent at the time of their death. If an injured worker was receiving workers’ compensation when they died, the BWC can award the rest of the unpaid worker’s compensation to their dependents.
Let’s illustrate this with another example. Say your family member was receiving workers’ compensation for a broken leg they sustained on the job. Not too long after breaking their leg, they died of a heart attack. If your family member was unable to work due to the leg injury and receiving temporary total compensation, their dependents are entitled to apply for their unpaid balance of temporary total due at the time of their death.
Who is Eligible for Accrued Compensation?
The dependents who are eligible to file a death claim can file to receive accrued compensation. Dependents include the worker’s spouse, children under the age of 18, children ages 18-25 while they are enrolled in a university full-time, and children ages 18 and above who are mentally or physically incapacitated.
Additionally, someone who provided services to the deceased worker at the time of their death, such as a medical professional, can file for services rendered for the last illness or death of the deceased employee.
Filing a Claim for Accrued Compensation in Ohio
In order to file for accrued compensation, complete and file the Application for Accrued Compensation (C-6). Additionally, anyone looking to file a claim for accrued benefits must prove that they are eligible to receive those benefits. Dependents can claim accrued compensation with proof of dependency, such as a marriage license or birth certificate. A service provider can file a claim if they have an invoice or other document proving they provided services to the deceased.
How Long Do You Have To File a Death Benefits Claim?
A dependent must file an application for death benefits or accrued compensation claim within one year of the date of death.
Hiring a lawyer to help gather documents and file applications can help surviving family members save time and effort. This can help them receive compensation as soon as possible and can alleviate some financial stress during a difficult time.
How a Cincinnati Workers’ Compensation Attorney Like Mark L. Newman Can Help
The loss of household income caused by the death of a spouse or parent can be emotionally and financially devastating. Whether you’re looking to file for death benefits, accrued compensation, or both, experienced workers’ compensation attorney Mark L. Newman is here to help. With over 30 years of experience handling even the most complex workers’ compensation claims in Ohio, Mark can help you and your family receive the compensation you deserve. Call (513) 533-2009 or fill out our online contact form today to get in touch today.
