Losing a loved one in a workplace accident is a devastating and life-altering event. In addition to the profound emotional toll, surviving family members are often left facing significant financial burdens, including funeral expenses and the sudden loss of the deceased’s income and support. Maryland law recognizes the impact of such tragedies and allows eligible family members to pursue death benefits through the state’s workers’ compensation system, but such claims are governed by specific rules and deadlines and can be difficult to navigate during a time of grief. If you lost a loved one in a workplace accident, it is critical to speak to an attorney about your options as soon as possible. At Foran & Foran, P.A., our trusted Prince George’s County workers’ compensation attorneys are committed to helping parties secure the benefits they need following fatal workplace accidents, and if you engage our services, we will work tirelessly on your behalf.
Understanding Workers’ Compensation Benefits for Fatal Workplace AccidentsWhen a worker dies as a result of a job-related injury or occupational disease, surviving dependents may be entitled to benefits under Maryland’s workers’ compensation laws. To qualify, it must be shown that the worker who suffered fatal harm was an employee and that their death arose out of and in the course of their employment.
Fatal injuries can result from construction accidents, falls, equipment failures, vehicular collisions during work-related travel, exposure to toxic substances, or other dangerous working conditions. In cases involving occupational diseases such as mesothelioma or silicosis, the connection between the condition and the individual’s employment must be clearly established.
Death benefits under Maryland law include payments to cover funeral expenses, currently capped at a statutory maximum and weekly wage replacement payments for eligible dependents. The amount of the wage replacement depends on the deceased worker’s average weekly wage and the number of dependents. These benefits may be paid for a specified period or, in some cases, for the duration of the dependent’s eligibility.
Maryland also distinguishes dependency by determining the amount of financial support provided. To determine if dependency exists, the courts have focused on whether there was a clear legal obligation to provide support coupled with a reasonable probability that the obligation will be fulfilled. The amount of support provided can affect the amount and duration of benefits awarded. Eligible dependents typically include spouses, minor children, and others who can demonstrate financial reliance on the deceased at the time of death.
Filing a Claim and Proving Eligibility for Death BenefitsTo initiate a workers’ compensation claim following a fatal accident, surviving family members must file a claim with the Maryland Workers’ Compensation Commission. The claim must be filed within eighteen months of the worker’s death, though it is advisable to act as quickly as possible to preserve evidence and ensure timely access to benefits. The claim should include documentation such as the death certificate, medical records, accident reports, and proof of dependency. In some cases, disputes may arise regarding whether the death was truly work-related, particularly if there were contributing medical conditions or off-site incidents.
Employers and insurers may attempt to argue that the fatal incident did not occur in the course of employment, that the worker was acting outside of their job duties, or that the medical cause of death was unrelated to any workplace injury. For example, a worker who suffers a fatal heart attack at work may trigger a dispute over whether the stress or exertion involved in the job caused or contributed to the death. These disputes require careful legal and medical analysis. In such cases, expert testimony may be necessary to establish the connection between the fatal event and the worker’s job responsibilities or occupational exposure.
Additional Legal Remedies Beyond Workers’ CompensationWhile workers’ compensation benefits provide critical financial support to grieving families, they are generally the exclusive remedy against the employer under Maryland law. This means that survivors usually cannot sue the employer for negligence. However, in some cases, a third-party claim may be available. If a party other than the employer contributed to the fatal accident, such as a contractor, equipment manufacturer, or negligent driver, surviving family members may be able to pursue a wrongful death lawsuit in addition to filing a workers’ compensation claim. This can provide additional compensation for pain and suffering, emotional distress, and other damages not available under the workers’ compensation system.
Determining whether a third-party claim is appropriate requires a thorough investigation into the circumstances of the accident. For instance, if a worker was killed in a motor vehicle accident caused by another driver while making deliveries for their job, the family may pursue a wrongful death lawsuit against the at-fault driver while also receiving workers’ compensation death benefits.
Contact a Capable Prince George’s County Workers’ Compensation AttorneyThe death of a loved one due to a work-related injury or illness is an unimaginable loss. Although no amount of compensation can replace a family member, Maryland’s workers’ compensation system provides critical financial support to help families cope with the consequences of fatal workplace accidents. At Foran & Foran, P.A., our capable Prince George’s County workers’ compensation attorneys understand the emotional and legal challenges families face after a tragic loss, and if you lost a loved one in a workplace accident, we are here to offer skilled legal guidance and compassionate advocacy. Our office is located in Greenbelt, Maryland, and we represent clients throughout Prince George’s County, Montgomery County, Charles County, and across the state. To schedule a free and confidential consultation with us, you can contact us online or call (301) 441-2022.