A fatal workplace accident often leaves surviving family members with many questions. You may wonder whether your loved one’s employer bears responsibility, if another company played a role in the fatal accident, and what steps your family needs to take to protect its rights. If you have lost a spouse, parent, or child in a job-related accident in Philadelphia, you deserve answers about what happened and what compensation your family can recover.
The Philadelphia workplace wrongful death attorneys at The Levin Firm can review the circumstances of the accident, identify every party who bears responsibility, and pursue full compensation on behalf of the surviving family members. Contact a Philadelphia wrongful death lawyer today to discuss your legal rights during a free, fully confidential consultation.
Can You Sue an Employer for a Workplace Death in Pennsylvania?
If you’re asking, “Can I sue an employer for wrongful death in Pennsylvania?” the answer is: not usually and not directly.
Your family typically cannot sue your deceased loved one’s employer, even if the employer’s negligence contributed to the fatal accident. Why? Because Pennsylvania’s Workers’ Compensation Act generally makes workers’ compensation benefits the exclusive source of compensation when an employee dies from a work-related accident.
The workers’ compensation system provides certain death benefits after a workplace injury or death, regardless of who caused a workplace accident. In return, employees and their families generally give up the right to sue employers directly in court.
However, a Pennsylvania wrongful death lawsuit may proceed in special circumstances if a party other than the employer caused the fatal accident. A Philadelphia workplace death lawyer can review the accident details and discuss whether an exception applies in your case.
Who Else Can Be Held Responsible for a Workplace Death?
Even if a claim against an employer is not allowed, your family may have grounds to pursue a third-party workplace death claim. Many workplace deaths involve the negligence of a company or individual other than the employer. Families may have a right to file third-party claims against them when the circumstances support it.
Common sources of third-party liability can include the following:
- Manufacturers or distributors of defective equipment or machinery
- Negligent subcontractors whose careless conduct at a construction site, for example, creates unsafe working conditions for other workers
- Property owners who fail to maintain safe conditions on their premises
- Vehicle drivers who cause fatal accidents involving people on the job
- Companies that produce or distribute dangerous chemicals or substances
In some cases, multiple parties may be legally liable for the same incident. For example, a general contractor may have several subcontractor companies working at the same construction site. If one of the general contractor’s employees is struck and killed by a heavy equipment operator working for a subcontractor, the family of the deceased worker might have a claim against the subcontractor who failed to supervise the equipment operator.
Our experienced wrongful death lawyers can investigate every angle of your loved one’s fatal work accident to identify all potentially liable parties. Reach out to us today to learn more at a free, fully confidential consultation.
What’s the Difference Between Wrongful Death and Survival Claims?
Pennsylvania law recognizes two related types of claims after a fatal accident: wrongful death claims and survival claims. They compensate claimants for different losses and are filed by different people.
Surviving spouses, children, or parents of the deceased can file wrongful death claims. These claims seek compensation for the losses that the family members themselves suffer because of the death, such as the loss of the deceased’s financial support, services, and companionship.
A survival claim, on the other hand, is filed by the deceased worker’s estate. This type of claim seeks compensation for the losses that the worker experienced between the time of the accident and the time of their death, including pain and suffering and final medical expenses.
As an example, let’s say a construction worker survives for several hours after a construction accident before passing away at the hospital. That worker’s estate may pursue a survival claim for the pain they endured and the medical bills they incurred during those final hours. Separately, the worker’s spouse and children may pursue a wrongful death claim against a third party that contributed to the accident.
How Common Are Workplace Deaths in Pennsylvania?
Fatal workplace accidents are a serious problem across Pennsylvania. In one recent year, the U.S. Bureau of Labor Statistics reported 185 fatal work injuries in Pennsylvania, an increase of 9.5 percent from the 169 fatalities reported the previous year. Motor vehicle accidents accounted for the largest share of these deaths, followed closely by falls, slips, and trips. The construction industry reported the highest number of workplace fatalities, with falls representing half of all work-related deaths in the industry.
Transportation and material moving workers, including motor vehicle operators, experienced the highest number of fatal injuries among all occupational groups in the state. Installation, maintenance, and repair workers also saw a notable increase in fatalities. Wage and salary workers accounted for the majority of these fatalities, and male workers made up the overwhelming share of those killed on the job in Pennsylvania.
Each fatal workplace incident represents a life tragically cut short and a family that lost a loved one to a preventable accident. The families left behind deserve accountability and full compensation for their losses. Contact The Levin Firm and discover the difference we can make for yours.
What Compensation Can My Family Recover?
The compensation available depends on whether you pursue a workers’ compensation claim, a third-party claim, or both. Under the Pennsylvania Workers’ Compensation Act, wrongful death benefits generally provide a percentage of the deceased worker’s average weekly wage to surviving spouses, children, or other dependents, along with some money for funeral and burial expenses.
The benefits provide important financial support, but Pennsylvania law limits them to specific categories of losses. Additionally, the amount that families receive in wage replacement benefits depends on the number of dependents and their relationship to the deceased worker.
A third-party wrongful death claim or survival claim can expand the scope of available compensation considerably. Depending on the facts of the case, families may recover compensation for the following losses in a third-party claim:
- Lost Income and Benefits – The wages, benefits, and financial support the deceased worker would have provided over their expected working years
- Loss of Companionship and Guidance – The emotional losses suffered by the surviving spouse and any children of the deceased
- Funeral and Burial Costs – Reasonable funeral expenses associated with laying a loved one to rest
- Medical Expenses – Any medical treatment costs incurred between the accident and the worker’s death
- Pain and Suffering – The pain and suffering that the worker experienced between the accident and their death (recoverable through a survival action)
The loss of a family member in a workplace accident brings the kind of grief that no one should have to carry alone. Our experienced wrongful death lawyers can help your family calculate these present and future losses. We work with financial and medical professionals to present complete, well-supported claims.
Who Can File and How Much Time Do You Have?
State law limits who can file a workplace wrongful death claim in Pennsylvania. Specifically, the right to bring a claim belongs first to the surviving spouse, children, or parents of the deceased worker. If none of these family members survive, the personal representative of the deceased’s estate can file the claim.
Pennsylvania also imposes strict deadlines for filing these claims. In most cases, your family has 120 days after the work accident to file a notice of claim with the deceased worker’s employer and then three years from the date of the worker’s death to file a wrongful death workers’ comp claim. Additionally, you have two years from the date of death to file a third-party wrongful death or survival claim. If your family misses any of these deadlines, you could permanently lose your right to seek compensation for your loss.
Given these filing windows and the fact that investigations of wrongful death cases take time, it’s best to consult an experienced attorney as soon as possible after a fatal workplace accident. At The Levin Firm, our legal team can begin gathering evidence right away and handle every deadline on your family’s behalf while you focus on healing.
Talk to a Philadelphia Workplace Wrongful Death Attorney Today
No amount of money can undo a loved one’s death, but fair compensation can provide the financial stability your family needs during a difficult time. The Philadelphia workplace wrongful death attorneys at The Levin Firm can help you through every step of the legal process.
We bring a personal, hands-on approach to every wrongful death case we handle. When you call our firm, you’ll speak directly with the attorney handling your case, not a case manager or paralegal. The attorney will stay on your case through its resolution and remain available to answer your questions.
Our team has represented individuals and families in courts throughout Eastern Pennsylvania. We apply our years of experience to every workplace death case we handle by doing the following:
- Investigating accidents thoroughly
- Identifying all liable parties
- Fighting to secure the maximum compensation available under Pennsylvania law
Our firm works on a contingent fee basis, which means you won’t pay us anything unless we secure a wrongful death settlement or court award for you. Contact us today to learn more in a free, fully confidential consultation with a Philadelphia workplace death lawyer.