The Growing Impact Of Fatal Workplace Accidents In Ohio
In recent years, fatal workplace accidents have been on the rise across Ohio, leaving many families to cope with profound grief and uncertainty about their new reality. Employers have a responsibility to maintain a safe working environment, and failing to do so can result in liability for them or other parties involved.
According to the U.S. Bureau of Labor Statistics Census of Fatal Occupational Injuries, Ohio recorded 164 workplace fatalities in 2023, marking a 7% increase from 2022. These tragic incidents can happen for various reasons, including falls, traffic accidents, chemical exposures, and electrocutions, among others. While accidents can occur, many sudden workplace fatalities are preventable.
Holding Employers Accountable For Preventable Fatalities
Although nothing can bring back a loved one lost in a workplace accident, families should know that there are legal options available to seek justice and compensation. In certain cases, a family member may file both a wrongful death claim and a workers’ compensation claim on behalf of their deceased loved one. A wrongful death claim allows families to pursue compensation for medical expenses, funeral costs, lost income, and the emotional burden of losing a loved one. Additionally, if an employer has workers’ compensation insurance, families may be eligible for death benefits.
While there is an opportunity to file a wrongful death claim, specific criteria must be met. To file a wrongful death claim, a few key elements must be proven: duty of care, breach of duty, causation, and harm or loss. Navigating these legal processes during an already challenging time can be overwhelming, which is why experienced legal representation is essential. At the Joseph Law Group, LLC, we are dedicated to helping grieving families in Ohio secure the justice and compensation they deserve. Our Ohio fatal workplace accident lawyer works tirelessly to hold negligent parties accountable and provide unwavering support during this difficult time. If you have lost a loved one due to someone else’s negligence, contact us today on 216-522-1600 for a free consultation.
Legal Options For Families After A Fatal Workplace Accident
What steps should families take immediately following a fatal workplace accident?
- Obtain a Death Certificate and Autopsy: After a fatal workplace accident, one of the first steps for a family should be to obtain a death certificate and request an autopsy be performed. This can be crucial as it serves as confirmation of the death as well as cause of death and may support a claim for negligence.
- Gather evidence: If possible, collect as much evidence regarding the incident as you can. This may include the police report, medical records of the deceased, and statements from eyewitnesses. Gathering this evidence can be challenging, but a personal injury attorney can assist with this process as trial lawyers regularly work with and utilize trained investigators.
- Hire a personal injury attorney: During such an emotional and difficult time, hiring a personal injury attorney can help manage the legal process, allowing you to focus on healing and supporting your family.
How does the process for claiming death benefits through worker’s compensation work in Ohio?
In the event of a fatal workplace accident, family members may be eligible for workers’ compensation benefits, but certain criteria must be met. To receive these benefits, a claim must be filed with the Bureau of Workers’ Compensation within a statute of limitations time period. Qualified surviving dependents include spouses, children under the age of 18, and full-time students aged 18 to 25 who are enrolled in an accredited educational institution. It is advisable to consult with an attorney to understand more of the specific applications, criteria, and benefits available to the family.
Who can file a wrongful death claim?
In Ohio, only a personal representative has the authority to file a wrongful death claim. If the deceased person left a will, the executor named in the will serves as the personal representative. If there is no will, the court will appoint a representative.
Contact Joseph Law Group, LLC Today!
Let the Joseph Law Group, LLC be your advocate in pursuing justice for your family. We are here to stand by your side, offering compassionate and effective support when you need it most.
