South Carolina Workplace Accident Lawyer Helps Grieving Families Seek Justice in Wrongful Death Claims
When a workplace accident claims the life of a loved one, families face tremendous emotional and financial burdens. At Pracht Injury Lawyers in Anderson, South Carolina, we understand that no amount of money can replace your loss. However, pursuing a wrongful death claim can help provide financial stability and hold negligent parties accountable.
Our experienced legal team can guide you through filing workers' compensation death benefits and wrongful death claims. We'll carefully evaluate all potential sources of compensation for the fatal workplace accident, examining possible legal options to help protect your family's future.
Understanding Your Legal Rights After Occupational Fatalities
Workers' compensation provides death benefits to eligible family members, typically covering funeral expenses and a portion of the deceased worker's wages. However, these benefits may only partially address your family's long-term financial needs.
In some cases, you may be able to file a wrongful death lawsuit against parties other than the employer. Examples include equipment manufacturers, contractors, or property owners whose negligence contributed to the fatal accident, extending possible sources of compensation beyond just employer liability.
South Carolina law requires that a personal representative be appointed to handle the wrongful death claim on behalf of the deceased. Typically, this person is the surviving spouse or adult child, though the courts may appoint another qualified individual.
The Workers' Compensation Claims Process
The process begins with filing a workers' compensation claim within two years of the work-related death. The employer's insurance carrier must be notified promptly, and specific forms must be submitted to the South Carolina Workers' Compensation Commission.
Death benefits through workers' compensation provide financial support to eligible family members. The Commission typically awards compensation for up to 500 weeks, calculated at two-thirds of the deceased worker's average weekly wage, subject to annual maximum limits. These benefits also include up to $12,000 for funeral and burial expenses, plus coverage of medical expenses related to the fatal injury.
Death Benefit Beneficiaries
Eligibility for death benefits follows a specific order under South Carolina law.
- The surviving spouse and any children under 18 are the primary beneficiaries of workers’ compensation death benefits.
- Benefits also extend to children under 23 years old if they are full-time students in school or are disabled adult children who were dependent on the deceased.
- Other family members may qualify if they can demonstrate financial dependency at the time of death.
Workers’ Compensation Case Review
The Workers' Compensation Commission reviews each occupational fatality claim to verify several critical factors.
- The employment relationship at the time of death
- Whether the death arose from work duties
- Proper beneficiary designation
- Accurate calculation of the average weekly wage
Families often encounter challenges during the workers' compensation claims process. Disputes may arise over dependency status or questions about whether the death was truly work-related. Calculating proper benefit amounts can become complicated, especially when coordinating workers' compensation with other insurance claims or civil liability lawsuits.
Example Scenarios Involving Employer Liability in Fatal Workplace Accidents
Understanding how different scenarios affect employer liability can help families make informed decisions about their legal options for compensation. Here are some hypothetical examples of occupational fatalities to illustrate these differences.
Construction Site Fall
A construction worker falls from the fifth floor of a new office building in Greenville when his harness breaks and the temporary guardrail gives way. Beyond workers' compensation, the family pursues claims against:
- The general contractor who failed to enforce mandatory safety meetings and equipment checks
- The subcontractor who installed defective guardrails
- The safety equipment manufacturer who supplied a harness with documented quality control issues
An investigation reveals the site had received previous OSHA citations for fall protection violations. This history may justify pursuing punitive damages of up to $500,000, in addition to economic and noneconomic damages.
Chemical Exposure
A worker at a Columbia industrial facility suffers fatal exposure to toxic fumes when a ventilation system fails during routine maintenance. The investigation uncovers that the chemical manufacturer provided inadequate safety warnings and outdated handling protocols.
Additional claims target the HVAC contractor responsible for maintaining the ventilation system, the safety equipment supplier who provided faulty respiratory protection, and the consulting firm that designed the facility's chemical storage area without proper emergency ventilation measures.
Heavy Equipment Accident
A Charleston dock worker dies when a forklift with faulty brakes rolls over. Multiple parties could share responsibility in this wrongful death claim:
- The equipment leasing company that supplied poorly maintained machinery
- The repair service that cleared the forklift for use despite brake problems
- The site management company that failed to enforce speed limits and loading restrictions in the dock area
Electrical Accident
An electrician in Spartanburg is fatally electrocuted while helping with a malfunctioning gas station sign on his way to a job site. The workers' compensation carrier initially denied benefits, claiming he wasn't on his assigned route or clocked in.
However, when his family’s workplace accident lawyer investigated further, they uncovered phone records showing that his supervisor requested he check the sign. They appealed the workers' compensation denial and pursued a claim against the gas station owner, who had removed the required safety equipment. Scenarios like this illustrate why a thorough investigation is crucial.
Critical Deadlines for Filing a Claim for Death Benefits
South Carolina imposes strict deadlines for wrongful death claims. While you must file for workers' compensation death benefits within two years from the date of death, you have up to three years from the date of death to file wrongful death lawsuits against other liable parties.
When an occupational fatality involves government entities in South Carolina, families face stricter deadlines and additional filing requirements. The South Carolina Tort Claims Act requires written notice to the appropriate government agency within 180 days of the death. Different rules may apply depending on whether the claim involves local, state, or federal entities.
Additional Sources of Compensation Beyond Workers' Compensation
While workers' compensation provides initial benefits, families should explore multiple avenues for financial recovery after a workplace fatality. Other possible sources of compensation include:
- Third-party lawsuits. The example scenarios above illustrate several possibilities for third-party liability.
- Life insurance coverage. Employer-provided group life insurance, personal life insurance, or credit life insurance on loans or mortgages may offer benefits.
- Social Security benefits. The Social Security Administration may provide a one-time death benefit of $255 and monthly survivor benefits for surviving spouses and children.
- Union benefits. If your loved one belonged to a labor union, they may be eligible for death benefits from union insurance plans, pension survivor benefits, and funeral expense assistance programs.
Vital Documentation to Support Your Case
Successful wrongful death claims require extensive documentation. Your attorney will need the death certificate and any medical records related to the fatal injury. Workplace accident reports, OSHA investigations, and internal safety reviews help establish how the incident occurred.
Employment records prove your loved one's work history, position, and earnings potential. These include pay stubs, benefits statements, and performance reviews. Income tax returns from the past several years demonstrate historical earnings and expected future income. Insurance policies, including life insurance and workers' compensation coverage, must also be carefully reviewed.
To establish beneficiary status, you'll need documents proving family relationships. These typically include marriage certificates for spouses, birth certificates for children, and additional documentation for other dependent family members. If the deceased provided financial support to elderly parents or disabled siblings, bank records and household bills help prove dependency.
Damage Calculations in Workplace Accident Wrongful Deth Cases
Compensation in wrongful death claims consists of economic and noneconomic damages. Often, families file wrongful death and survival action cases at the same time.
Economic damages may include:
- Past and future lost wages
- Lost benefits, including retirement contributions
- Medical expenses before death
- Funeral and burial costs
- Loss of household services
Noneconomic damages may include:
- Loss of companionship
- Mental anguish
- Loss of parental guidance
- Loss of spousal support
How a South Carolina Wrongful Death Lawyer Can Help
Filing a wrongful death claim involves complex legal procedures. Our South Carolina workplace accident attorneys will investigate the circumstances of the accident and identify all potentially liable parties. As the case proceeds, we will handle communications with insurance companies, calculate the full extent of damages, and file necessary court documents. When the time comes, we will represent your interests in settlement negotiations and take your case to trial if needed.
We also help families avoid common mistakes such as missing critical deadlines, accepting inadequate settlement offers, overlooking potential sources of compensation, and making statements that could harm the claim.
If you've lost a family member to a workplace accident in South Carolina, don't face this difficult time alone. The legal team at Pracht Injury Lawyers offers compassionate representation while fighting for the compensation your family deserves.