What to Know About Fatal Work Injuries and Workers’ Compensation

Work-related injuries can occur in any type of job and in any industry in Maryland. Some types of professions do have more injury risks, but it is important to remember that injuries are possible in any job and may be compensable through the Maryland workers’ compensation system. Any kind of injury that results in missed work days can be serious, and some work-related injuries require weeks, months, and sometimes even longer periods of time in recovery. For some workers who are injured on the job, their injuries result in permanent total disabilities. In the most serious workplace accidents, worker injuries can also be fatal.

Nobody wants to think about the possibility of fatal injuries, yet as the Maryland Department of Labor reports, every year in the state there are anywhere from 59 to 106 fatal work injuries reported. In recent years, the rate of deadly workplace accidents has decreased, but these life-altering accidents continue to occur and to impact families. When fatalities occur in work environments, workers’ compensation benefits still may be available. Our Maryland workers’ compensation attorneys can explain.

Most Common Causes of Fatal Work Injuries

Before we discuss the details of Maryland workers’ compensation claims after fatal work accidents, it is important to be clear about how deadly accidents often happen. According to the Maryland Department of Labor, three types of accidents are responsible for about 70 percent of all work-related fatalities in the state. Those include:

• Transportation-related accidents (30 percent of all fatal work accidents in Maryland);
• Falls, slips, and trips (20 percent of all fatal work accidents in Maryland); and
• Exposure to hazardous substances or hazardous environments (19 percent of all fatal work accidents in Maryland).

Contact with objects and equipment, such as struck-by accidents or caught-in or caught-between accidents, are also a common cause of deadly work accidents. These types of accidents result in about 14 percent of all reported occupational fatalities in the state.

Understanding Maryland Workers’ Compensation Death Benefits

 When a spouse, parent, or another close family member is killed in a work-related accident, it can be difficult to know what options you have or whether you can take any steps to hold someone accountable or to seek compensation. In many work-related fatalities, surviving dependents can be eligible for death benefits through Maryland workers’ compensation.

A surviving family member who is partially or completely dependent on the deceased worker may be eligible for death benefits. Such parties typically include a surviving spouse and surviving child, but other parties may also be eligible. To seek these benefits, a surviving dependent must provide a form for a dependent’s claim for death benefits. A surviving dependent may also be able to seek compensation for funeral expenses.

Similar to workers’ compensation claims filed by injured workers, death benefit claims are typically an exclusive remedy — a surviving dependent cannot sue an employer, for example, in a wrongful death lawsuit for negligence. However, there are some exceptions, such as when a third party caused the death, or when the death resulted from an employer’s intentional act.

Contact a Maryland Workers’ Compensation Lawyers 

If you need help filing a death benefits claim, an experienced Maryland workers’ compensation lawyer at the Law Offices of Steinhardt, Siskind and Lieberman, LLC can speak with you today about your case. Contact us today for assistance with a workers’ compensation claim or to receive answers to any questions you have about seeking compensation.

Sources:

labor.maryland.gov/labor/research/research2020.shtml

wcc.state.md.us/Adjud_Claims/Dependent_Claim.htm