In Ohio, workers who die as a result of workplace accidents may provide their surviving family members with the right to seek compensation through a wrongful death claim.
In Ohio, there are specific laws that govern wrongful death claims, and workplace deaths are no exception. While workers’ compensation laws provide specific benefits for workplace injuries and deaths, wrongful death claims allow family members to pursue additional compensation, particularly when someone’s negligence or misconduct caused an accident.
Workers’ compensation vs. wrongful death claims in Ohio
In Ohio, when a worker dies due to a workplace accident, the first option for surviving family members is usually workers’ compensation. Ohio’s workers’ compensation system is a no-fault system. So, workers or their families are entitled to benefits regardless of who was at fault for the accident.
These benefits may cover funeral expenses, medical bills and a portion of the deceased worker’s wages. However, workers’ compensation does not cover pain and suffering or allow families to seek additional damages from the employer or other parties involved.
This is where wrongful death claims come in. If a workplace death was caused by third-party negligence or reckless behavior by someone other than the employer, surviving family members can file a wrongful death lawsuit against the responsible party.
Unlike workers’ compensation, a wrongful death claim can seek compensation for emotional distress, loss of companionship and other damages not covered under workers’ compensation.
While workers’ compensation laws prevent most lawsuits against an employer for workplace injuries, a wrongful death claim can still be pursued if another party is deemed responsible.
For example, if a worker’s death resulted from a malfunctioning machine designed or manufactured by a third party, the deceased worker’s family may be entitled to pursue a wrongful death lawsuit against the manufacturer.
Filing a wrongful death claim after a workplace accident in Ohio requires careful consideration of the laws governing both workers’ compensation and civil lawsuits. While workers’ compensation provides essential benefits, a wrongful death claim offers the possibility of seeking further compensation for the loss of a loved one. Families affected by workplace fatalities can benefit from consulting with a legal team to navigate these complex legal avenues and determine the best course of action.