December 18th, 2014|
There are two basic types of Ohio workers’ compensation benefits—death benefits and injury benefits. What happens if an employee is injured on the job, but dies a short time later as a result of their injuries? Are they entitled to both types of benefits? A ruling in a lawsuit that was recently filed in the state says the answer to the latter question may be yes.
An article from Business Insurance indicates that a 63-year-old worker was performing demolition duties when he fell approximately 30 feet to the ground from the roof of a building. He died 4 ½ hours after the accident.
His wife was later awarded workers’ compensation death benefits, but she later filed a lawsuit alleging she was still owed benefits for her husband’s loss of limbs, hearing, and sight in the wake of his accident.
The hiring company argued the woman wasn’t entitled to regular benefits since she had been awarded death benefits, but a panel of judges ruled partial disability benefits are based on life expectancy of the victim’s dependents, not the lifespan of the victim.
While the decision doesn’t necessarily mean the loss of your loved one to a work-related accident will guarantee you both types of benefits, it does indicate how complicated the state’s workers’ compensation system can be and shows the need to have a qualified legal representative by your side when filing such a claim.
At Nurenberg, Paris, Heller & McCarthy, our Cleveland personal injury lawyers are aware of the intricacies in the state’s workers’ compensation policies and are here to help you successfully navigate the system. Call us today at (888) 900-6075 to learn more about how we can help you with your Ohio workers’ compensation case.