My loved one died after they got hurt on the job – is that workers’ compensation?

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.