Workplace Accident, Wrongful Death

Workers Compensation or Wrongful Death Claim?

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Having a family member who passed due to a workplace accident can cause a great amount of additional stress for everyone involved.  What to do under these circumstances can be confusing.  Should you file a workers compensation claim?  Is there someone who can be held liable for the accident?  Was the death preventable?  Who is going to pay all of the associated bills?  How should I move forward?

Between 2013 and 2015 an average of 45 workers per year died on the job in West Virginia. Working in the natural resources industry in West Virginia can be particularly deadly, accounting for approximately 14 deaths per year during that same span.[1] If your family has suffered the tragedy of losing a loved one on the job, here are some legal options of which you should be aware:

Work Place Accident Lead to Death?

You can make a Workers Compensation claim, which will provide benefits to the decedent’s dependents for up to 104 weeks (2 years).  The Workers’ Compensation claim for any death caused by work-related injuries must be made within six (6) months from the date of death. For more information on Workers’ Compensation benefits, you can visit: http://www.wvinsurance.gov.

In addition to your Workers’ Compensation claim, it is sometimes possible to bring a suit against your loved one’s employer if the death was caused by the employer’s deliberate intent.

If your loved one’s death happened on the job, but was caused or contributed to by the negligence of a third party (persons other than their employer), suit can be brought against that party or parties IN ADDITION to the Workers’ Compensation claim.

factory worker

Get Workplace Injury Questions Answered.

All of this can be confusing for the family as well as the employer.  Finding the right information before you make any decisions is your best option.  You need to be prepared to make the best decision to not only protect the family of the decedent, but to also ensure that the best decisions are made under the circumstances of the accident.

For additional information on oil and gas field injuries, visit here.  We want you to have the information you need and the tools necessary to get through this tragic time.  To contact an attorney who has the experience you need for workplace injuries or if you just want someone to talk your situation over with, feel free to contact one of our lawyers.

[1] https://www.bls.gov/iif/oshwc/cfoi/tgs/2015/iiffw54.htm

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Written by
Tim Miley
Tim Miley is the founder of The Miley Legal Group. After earning his undergraduate degree in finance at Southern Methodist University in Dallas, TX, Tim attended Duquesne University in Pittsburgh, PA, where he received his Juris Doctorate. Tim is admitted to practice in all courts in West Virginia and is currently a member of the American Association for Justice, the West Virginia American Association for Justice, the West Virginia Bar Association and the Harrison County Bar Association.
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