When Can a Workplace Accident in South Carolina Lead to a Wrongful Death Claim?
Many people know that if their loved ones die during fatal workplace accidents in South Carolina, they can pursue “death benefits.” These benefits fall under the workers’ compensation program, and they can provide compensation for lost income, unpaid medical bills, and funeral costs. However, fatal workplace accidents can also lead to wrongful death claims in South Carolina. When might this be the case?
Why File a Wrongful Death Claim Instead of a Workers’ Comp Claim?
Why would a family want to consider a wrongful death lawsuit when they could simply pursue death benefits instead? You may have heard that workers’ comp is a “no-fault” system that doesn’t require you to blame anyone for the fatal accident. You don’t need to prove anything to recover compensation in most cases, and this might be comforting for grieving families who do not want to go to court.
While this might be true, workers’ comp has serious limitations. First, you cannot pursue compensation for emotional (non-economic) damages. These damages might include emotional distress, grief, loss of consortium, depression, and so on. Secondly, there are maximum payouts associated with death benefits, while the potential compensation for a wrongful death lawsuit is effectively limitless. Furthermore, workers’ comp caps payouts for funeral expenses, while there are no such limitations associated with wrongful death claims.
Was the Fatal Accident Caused by a Third Party?
The most important thing to understand about workers’ comp is that it only prevents you from suing your direct employer. If the fatal accident was caused by any other third party, a wrongful death claim may be possible. For example, your loved one might have been driving their work vehicle when they were struck and killed by a drunk driver. If this is the case, then a wrongful death lawsuit could be possible instead of a workers’ comp claim.
The fatal accident might have also been caused by a third-party contractor. For example, your loved one might have been working as an electrician at a construction site. If they were killed because of something a concrete contractor did, you may be able to sue this third-party contractor instead of filing a workers’ comp claim.
Was the Accident Caused by Gross or Reckless Negligence?
A wrongful death claim might also be possible if your loved one was killed by gross or reckless negligence. If their direct employer did something sufficiently dangerous, it may destroy their protections under workers’ comp, allowing you to sue them directly. For example, your loved one’s employer might have instructed them to walk along a narrow plank hundreds of feet in the air with no fall protection.
Can a South Carolina Wrongful Death Lawyer Help My Family?
If your loved one died in a fatal workplace accident, you may want to consider all of your legal options. While death benefits could help, a wrongful death lawsuit in South Carolina might also be possible. In many cases, wrongful death claims can provide more economic security for surviving family members, including small children and widows. Contact the Charleston wrongful death lawyers at Mickelsen & Dalton, LLC today to learn more about your options.
Source:
wcc.sc.gov/
