Work Related Wrongful Death Attorney Cincinnati
Ohio Workers' Compensation Attorney
Accidents in the workplace happen every day. Far too many of them end in death. According to the Bureau of Labor Statistics report in 2007, there were 5,657 workplace fatalities in the United States that year alone. Some occupations present more dangers, namely construction work, factory work, and mining. Sometimes a work accident ends in tragedy when a worker loses his or her life. In a perfect world, all workers would be careful all of the time. However, even small, occasional oversights can lead to preventable deaths. Workers that are always careful and take necessary safety precautions may fall victim to careless mistakes of others. Sometimes defective equipment can cause a worker’s death.
Was your loved one a victim of a wrongful death in a work related accident? Cincinnati workers’ compensation attorney Mark L. Newman can help you receive compensation for your loss. He knows that no sum of money will truly compensate for the death of a loved one. However, a work related wrongful death attorney might be able to help you resolve the financial strain resulting from a loved ones’ death.
Ohio’s Bureau of Workers’ Compensation (BWC) provides death benefits to family members. It also provides benefits to eligible dependents. These benefits often serve as an essential lifeline for income to surviving family members. Especially if the deceased worker was the family’s sole provider of income. If you lost your spouse in a workplace accident, you are entitled to workers’ compensation death benefits. Depending on the circumstances of your loved ones’ death, you might also be able to file a wrongful death lawsuit against a third party to recover more compensation for your loss.
Frequently Asked Questions About Wrongful Death Claims in Ohio
Who can file a work related wrongful death claim in Ohio?
The following individuals may be eligible for death benefits in Ohio:
- Dependent children under the age of 18 years old.
- The surviving spouse
- Dependent children 18-25 years old. They must be attending an accredited college or educational institution full time.
- Certain other dependent family members
For clarification of whether or not you qualify as a dependent, speak to a work related wrongful death attorney such as Mark L. Newman.
What are survivor benefits?
Survivor benefits, also known as death benefits fit into two categories:
- A death resulted instantaneously from a work related injury
- The worker’s death was not instantaneous. But it stemmed from a work-related injury or occupational disease.
Even in the event a deceased injured worker settled a workers’ compensation claim before their death, the dependent may still file a Death Claim (survivor benefit).
How do you apply for death benefits in Ohio?
There are many ways you as a dependent can file for death benefits. A workers’ compensation attorney can help you through this process. You can file a death claim by taking any of the following steps:
- Complete and submit the (FROI) First Report of Injury, Occupational Disease, or Death, form to the BWC
- Call BWC at 1-800-644-6292
- Send a letter to your local BWC Customer Service Officer
- This is if a death resulted from an existing workers’ compensation claim.
- Complete the (IC-3019) Industrial Commission of Ohio Application for Additional Award for Fatal Injury form.
Dependents or widows requesting funeral expenses will need to complete the following forms:
When do I need to file a claim for work related wrongful death?
If you are alleging that a death resulted from an injury, you must file a death claim with the Ohio BWC within one year of the injured worker’s death. In the event the death resulted from an occupational disease, you have two years from the injured workers’ death to file a death claim.
How much are work related wrongful death benefits?
The amount of death benefits a dependent receives is determined by the level of support each dependent received from the deceased worker. Dependents of the deceased worker may file a death claim benefit. The BWC pays death benefits to surviving dependents every two weeks. The dependents will receive 66 ⅔% of the deceased workers wages. This is subject to a minimum and maximum weekly amount. The death benefits will continue until the dependent is no longer eligible.
The Ohio BWC also reimburses funeral and medical expenses in an allowed death claim. The maximum benefit for funeral expenses is $7,500 for deaths that occured after September 15, 2020.
Families might also have the right to file a lawsuit if a worker's death was the result of the negligence, recklessness, or intent of a third party.
Wrongful death cases for construction accidents or other workplace fatalities can sometimes provide lump-sum compensation. This will cover end-of life costs, lost wages, and other financial losses.
Do I need an attorney for a work related wrongful death claim?
It can be incredibly difficult to think about financial and legal problems in the wake of losing a loved one. This is why an experienced, compassionate attorney can be valuable. A work related wrongful death attorney in Cincinnati like Mark L. Newman will help you file a death claim and guide you through the process so you and your family focus on grieving. You should not have to face financial problems in addition to the emotional and personal grief after losing a loved one.
Wrongful Death from Work Attorney
The workers’ compensation attorney Mark L. Newman has handled every type of claim imaginable. He is passionate about defending workers’ rights and standing up for the families of deceased workers. Mark is equipped to answer any of your questions about the claims process and help you make important decisions.