Baltimore Workers’ Compensation Lawyers
Representing Families of Fatal Work Accident Victims
All Maryland employers must carry Workers’ Compensation insurance coverage for their employees. Injured employees are entitled to benefits after an untimely workplace injury or the development of an occupational disease, and are encouraged to seek the assistance of the skilled Workers’ Compensation lawyers at LeViness, Tolzman & Hamilton when pursuing a claim. In addition to covered workers, the family members of a fatally injured worker may also be entitled to benefits provided through Workers’ Compensation.
Families of Deceased Workers May File a Claim for Benefits
Under Maryland law, dependents of those who have been fatally injured in a work-related accident or as a result of an occupational illness may pursue a claim to recover benefits from the employer’s Workers’ Compensation insurance provider. Potential claimants include the deceased worker’s spouse, children, and others, depending on the circumstances. Death benefits are designed to ease the financial burden placed on families after the sudden loss of their loved one. Awards typically cover the worker’s medical expenses, partial funeral and burial expenses, and a portion of the worker’s average weekly wages up to a certain time.
Filing a Wrongful Death Claim After a Fatal Work Accident
Maryland Workers’ Compensation law prohibits families of workers who have died on the job from suing their loved one’s former employer. This is true even in cases involving gross negligence on the part of the employer. The only exception to this rule is if there is strong evidence that the employer intended to harm the employee, but this can be difficult to prove.
However, if the worker’s death was caused by the negligence of someone other than his or her employer, the family may be advised to file a civil wrongful death claim against the responsible party or parties. Potential defendants may include:
- The driver of a vehicle that caused a fatal crash
- A property owner who ignored hazardous conditions on the property
- A construction site manager whose negligence led to a fatal construction accident
- The manufacturer, retailer, or distributer of a defective power tool, auto part, or piece of machinery
Potential awards in a civil lawsuit are almost always higher than those granted through Workers’ Compensation because they include damages for losses not available through employers’ insurance. Damages available in a wrongful death claim may include: loss of companionship and guidance; loss of home services such as cooking, childcare, and management of finances; loss of benefits including healthcare, Social Security, and Veterans’ benefits; and more.
Hiring a Lawyer After a Fatal Work Accident
Families dealing with the tragic loss of a loved one may be unsure about their legal options or the process by which benefits can be recovered. An experienced and qualified Workers’ Compensation lawyer will advocate on the family’s behalf to recover the full benefits to which they are entitled. If the insurance company denies or delays the payout of benefits, he or she will fight for a fair outcome.
Time limitations exist when filing a claim for Workers’ Compensation benefits on behalf of the deceased employee in the state of Maryland. The Maryland Workers’ Compensation lawyers at LeViness, Tolzman & Hamilton will advise you on the time frame in which to file a claim, and help you navigate the complexities of Workers’ Compensation law. We can also advise you on whether additional compensation can be obtained through a third-party liability claim.
Baltimore Workers’ Compensation Lawyers at LeViness, Tolzman & Hamilton Secure Maximum Compensation for Victims of Fatal Work Accidents
If you have lost a loved one due to a fatal work accident, our Baltimore Workers’ Compensation Lawyers at LeViness, Tolzman & Hamilton will support your family through this challenging time. We will fight to recover the benefits to which you and your family are entitled. Contact us online or call 844-556-4LAW (4529) today to schedule your free consultation.