Workers’ Compensation vs. Wrongful Death Claims in Pennsylvania

When a loved one dies on the job, it can leave the rest of the family without income and with irreparable losses.  In some cases, a wrongful death lawsuit is available, but Workers’ Compensation may have broader application.

In a wrongful death lawsuit, you can often get additional damages for your loved one’s pre-death pain and suffering, plus punitive damages – where available.  However, you cannot typically sue a deceased worker’s employer for wrongful death, and you have to be able to show they did something wrong to cause the death.  In cases of pure accidents or where the employer was responsible, Workers’ Compensation often applies instead, allowing you to get damages where a wrongful death lawsuit would not be permitted.  If both options are available, filing for Workers’ Compensation does not prevent you from suing other at-fault parties in a separate claim.

For help with a case for a loved one’s death, call (267) 651-7945 for a free case evaluation with Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers.

Basics of Workers’ Compensation for Deaths at Work in Pennsylvania

The aftermath of any work injury or work death case is often a bit confusing because of how Workers’ Compensation rules apply.  In general, the law prevents lawsuits against an employer for work-related accidents, injuries, and death.  Instead, you file through Workers’ Compensation for replacement wages and medical coverage for end-of-life care if the worker dies or for ongoing medical care to treat the injury if the worker lived.  If a loved one died in a work accident, your family can claim benefits for their death, including funeral/burial expenses and ongoing wages at a certain percentage, depending on how many family members they supported at the time of death.

When Workers’ Compensation vs. Wrongful Death Lawsuits Apply

A combination of a “wrongful death” action and a “survival” action can recover compensation for the loved one’s losses before death as well as the family’s losses from the death.  The damages you can get in these cases are a bit different than what you get through Workers’ compensation, but the standards you have to meet are different, too.  There are ultimately many cases where a wrongful death lawsuit is barred or where it would be unsuccessful.  However, our Philadelphia Workers’ Compensation lawyers may still be able to help you pursue no-fault benefits through Workers’ Compensation benefits.

Employer is At-Fault

Workers’ Comp rules prevent lawsuits against the employer when a worker is injured or killed in the course of their work.  This means that wrongful death lawsuits often are not available for work-related injuries when the employer is at fault.  The same is true for injuries and death caused by coworkers or other subsidiaries of the employer; the law places the employer as the at-fault party but then blocks you from suing them.  Even though you cannot sue them for their responsibility, you can still seek Workers’ Compensation benefits from the employer.

Deceased Worker is at Fault

When the deceased worker is actually the one who caused their own accident, there would typically be no one to sue.  As much as the death might have been based on a serious, preventable accident, if the worker’s own carelessness or mistake caused the accident, then there is no one to sue.  In these cases, a wrongful death claim would not be available, but Workers’ Compensation benefits are still available.

The Death Wasn’t “Wrongful”

Accidents happen, and many have absolutely terrible results.  Sometimes an accidental death is a pure accident, and nothing that an employer, the worker, or anyone else could have done would have prevented the accident.  In these cases, it might be impossible to prove a wrongful death lawsuit as there was no breach of duty or other “wrongful act” behind the death.  Even so, Workers’ Compensation can still pay benefits as long as the accident was “work-related.”

Shared Fault with Another Party

If a third party other than the employer caused your loved one’s accident, you may be able to sue them for your loved one’s death.  A Workers’ Comp lawsuit is separate from a wrongful death lawsuit, allowing you to supplement the Work Comp claim with a wrongful death case.

If the third party and the employer share fault, you still cannot sue the employer for their share of fault.  You also cannot get the third party to pay more than their share in most cases.  This leaves you with the ability to get some damages from the third party in a wrongful death case, but the rest can still come from Workers’ Comp.

Not Enough Evidence of Fault

If there is not enough evidence as to how your loved one died, it might be difficult to prove who was at fault if you pursue a wrongful death claim.  However, Workers’ Comp claims merely require sufficient evidence that the injury/death occurred while the worker was working within the scope of their duty.  If you don’t have enough evidence to prove fault, but you can prove a Workers’ Comp claim, that might be your only route to recovery.

Damages Available in a Workers’ Comp Claim vs. a Wrongful Death Lawsuit in Pennsylvania

As noted above, there are some damages that wrongful death claims pay that Workers’ Comp claims do not.

While Workers’ Comp covers a percentage of lost wages, it is usually capped at 2/3 or less, depending on the size of the family.  You can get some burial and funeral expenses, but they are capped at $7,000 and paid directly to the undertaker.  You can also get end-of-life medical care paid for, along with any care while the worker lingered.

In a wrongful death claim, you might be able to claim the rest of the worker’s lost wages, pre-death pain and suffering, additional damages for the family’s grief, and, in some cases, punitive damages.  If you make a Workers’ Comp claim, you typically are not barred from pursuing these other damages in a separate lawsuit, but you may have to use your winnings to pay back the Workers’ Comp carrier for any money they already paid you.  On top of this, you usually need to pay an injury lawyer’s contingency fee out of the winnings, which might ultimately reduce your damages down to what you would have gotten from Workers’ Comp anyway if the contingency fee is high enough.

Call Our Workers’ Comp Death Lawyers in Pennsylvania

If you lost a loved one to a fatal on-the-job injury, call Cardamone Law’s Bucks County, PA Workers’ Comp lawyers at (267) 651-7945.