Workers’ Compensation
Related Deaths
Workers’ compensation
protects an injured worker if they get injured in the scope of their
employment. Likewise, if an injured worker is killed on the job, workers’
compensation is there to provide benefits for the injured worker’s
family. In cases where a worker was killed in a motor vehicle on the job,
or involved in a fatal industrial accident, it is usually fairly clear cut that
workers’ compensation is responsible. But, what happens if an injured
worker passes away some time after the accident. Does that death still
fall under workers’ compensation?
If an injured worker
is hurt on the job, and has surgery because of this injury, and develops
complications from the surgery, and dies that would turn into a workers’
compensation death claim. Likewise, if an injured worker is recovering
from a surgery and suffers an aneurysm, and dies that too would be a workers’
compensation death claim. The caveat to these cases are the medical
professionals involved must be able to say that more likely or not the injured
worker’s death was related to the surgery, and the aneurysm respectively.
If they can’t or won’t say, then the burden becomes more difficult to
meet. Expert testimony in the form of a medical professional is necessary
to prove the relationship of the death to the original workers’ compensation
injury.
If an injured worker
suffers a job-related injury, and aggravates a preexisting heart condition,
which causing their death, that is also considered to be a compensable workers’
compensation death claim. Also, if an injured worker receives a
compensable injury on the job and because of the pain and suffering becomes so
depressed, and/or not in his or her right mind, that he or she commits suicide,
that is a compensable workers’ compensation death claim. As with many
aspects of workers’ compensation law, the details of each particular case can
be subject to interpretation.
Don’t go at it alone,
Tippens & Zurosky is here to serve your auto accident and workers’compensation needs, and has skilled and compassionate attorneys available to
answer any and all questions that you might have about your case. Tippens
& Zurosky has represented people involved in auto accidents, or hurt on the
job in North Carolina and South Carolina for nearly twenty years. Let us
answer any of your questions regarding any automobile accident, or work-related
injury. Call us toll free at (877) 372-3580, or 704-343-0018 to schedule
a consultation so that we may assist you.
