What Happens If You Die At Work?

Jul 17, 2024 | Compensability

What Happens If You Die At Work? – Typically for an injury, including fatality, to be covered under Workers’ Compensation, you have to show 3 things.

First, you have to show that you are in the course and scope of your employment, meaning you are engaged in an activity that furthers your employment or is a reasonable part of it. Second, you have to show that something happened or was present at work to cause you to have an injury. Third, you need to have an injury.

It’s often pretty basic to show. For example, you were lifting a heavy box and you hurt your back, or you were walking and there was a puddle of water, and you slipped and fell. However, it can get complicated.

Is death always covered if it happens at work?

We had a case where a worker was pushing a cart and all of a sudden just fell backward, no flailing of the arms, no slip and fall, no trying to guard, fell and hit, and the blow to the head was severe enough that he died that day. That falls into what we call unexplained falls.

The common denominator, unexplained falls fall are covered under Workers’ Compensation unless it can be shown that what occurred was something of an entirely personal nature. For example, if the worker had low pressure and just fainted, but he could have fainted anywhere, chances are it won’t be covered under Workers’ Compensation. If it had been a heart attack at work, it also wouldn’t have been covered.

As is always the case with law, there are exceptions. If you faint because you have low blood pressure. Still, you’re on a scaffold, or a ladder, or a unique hazardous place. Now instead of falling from standing down to ground you’re falling from a higher height, which is covered under Workers’ Compensation because the work combined with that personal condition to make the injury even worse.

What benefits will my dependents receive?

If you die on the job, and you don’t leave children or a spouse, Workers’ Compensation will pay just 2 things, the medical bills associated with the hospital State and a $7,000 funeral benefit.

When a worker dies leaving dependents, the children and/or wife continue to receive 2/3 of the worker’s average weekly wage. A spouse will get the benefit for life or until they get remarried, and the children will get the benefit until they reach 18, unless they’re enrolled in an accredited school, in which case the benefit continues until they reach 21.