Home / Practice Areas / Workers' Compensation / Workplace Wrongful Death
Ohio Workers'
Comp Death
Benefits Lawyers
If you lost a loved one to a workplace injury or illness in Ohio, your family may be owed Workers' Comp death benefits. We are here to help you through it.
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Are Death Benefits Available After a
Workplace Death in Ohio?
When a worker dies from a job injury or illness in Ohio, Workers' Comp pays death benefits to their dependents, along with a funeral allowance, no matter who was at fault.
These benefits are meant to support the people who counted on the worker, usually a surviving spouse and minor children, and sometimes others who depended on them. You do not have to prove anyone did anything wrong. What matters is that the death was tied to work.
We know no amount of money replaces the person you lost. What we can do is take the weight of the claim off your shoulders, so you can grieve while we handle the paperwork and deadlines. Helping families through the Ohio Workers' Compensation system is what we have done for generations, and we treat yours like our own.
Workplace Deaths We Help Families With
Ohio Workers' Comp can pay death benefits after a fatal work injury or a fatal occupational illness, whatever the cause. Below are the situations we most often help families with.
Fatal falls from heights
Falls from scaffolds, ladders, and roofs are among the most common causes of
workplace death.
Work vehicle crashes
A worker killed in a crash while driving for work can leave a family eligible for
death benefits.
Machinery and
industrial accidents
Being caught in equipment or struck by machinery in an industrial accident can be fatal.
Occupational-disease deaths
Some workers die years later from an occupational illness like asbestos disease, and these deaths can still qualify.
Deaths from a safety violation
When an employer ignored a required safety rule and a worker died, an added VSSR award may apply on top of death benefits, which we explain below.
What to Do After a
Workplace Death in Ohio
When your family is ready, you can file a death-benefits claim with the Ohio BWC. Ohio has a set deadline to file, generally within one year of the date of death, so it is worth reaching out before too much time passes.
Take care of yourself and your family first
Grief comes first. The claim can wait until you are ready.
Gather what
you can
Keep the death certificate, any medical records, and the worker's employment details when you
are able.
File the death-
benefits claim
The claim is filed with the Ohio BWC by the worker's dependents or estate.
Know
the deadline
In Ohio a death-benefits claim generally must be filed within one year of the date of death, so do not wait too long to ask about your rights.
Talk with us whenever you are ready
There is no cost to ask a question, and no pressure.
Death Benefits Your
Family Can Receive
A death-benefits claim can provide ongoing payments to the worker's dependents, a funeral and burial allowance, and payment of the medical bills from the final injury.
Weekly death benefits
Ongoing payments help replace the income the worker provided, paid to the surviving spouse, minor children, and other dependents.
Funeral and
burial allowance
Workers' Comp helps cover funeral and burial costs so your family is not left with that bill alone.
Final medical bills
The medical care your loved one received for the fatal injury before their passing can be covered.
Benefits for
surviving children
A worker's children can receive benefits, generally continuing while they are minors and sometimes longer.
What can our family recover?
Every family's situation is different. What benefits are available depends on how many dependents there are, the worker's wages, funeral costs, and whether another company can also be held responsible. We cannot promise a number, but we can sit down with you and explain exactly what your family may be owed.
Beyond Workers' Comp: Third-Party
Claims and VSSR
Workers' Comp death benefits may not be the only recovery your family can pursue. If a company other than the employer caused the death, your family may have a separate wrongful-death claim, and a safety violation can add a VSSR award.
A VSSR Additional Award
Inside the Ohio BWC system
This stays inside the Ohio BWC system.
When the employer violated a specific safety requirement that led to the death, Ohio can add an extra 15% to 50% on top of the death benefits.
A Third-Party Wrongful-Death Claim
Against a company other than the employer
This is a claim against a company other than the employer whose negligence caused the death, such as another company on the job site, a product maker, or an at-fault driver.
It can cover the full damages Workers' Comp does not.
In most cases Ohio law does not let a family sue the worker's own employer, because Workers' Comp is the exclusive remedy. But death benefits, a third-party
wrongful-death claim, and a VSSR award can still apply, and we look at every one.
How Our Ohio Workers' Comp Attorneys Help
Our family helps yours handle every part of a workplace-death claim, from filing for death benefits to pursuing a third-party or VSSR claim, so you can focus on grieving and healing.
Filing Your BWC Claim
We prepare and file your family's death-benefits claim with the Ohio BWC and make sure nothing is missed.
When a safety violation caused the death, we pursue an added VSSR award of 15% to 50%. See how VSSR claims work.
Securing Dependency Benefits
We make sure the surviving spouse, children, and other dependents receive the benefits they are entitled to.
When a company other than the employer is responsible, we pursue a wrongful-death claim alongside your Workers' Comp.
Appealing Denied Claims
When a claim is denied, we appeal it through every level, from DHO and SHO hearings to the Industrial Commission.
Guiding Your Family Through It
We explain each step in plain language and handle the details, so your family is never left wondering what happens next.
Related Workplace Injuries We Handle
Knisley Law represents Ohio workers across every kind of workplace injury, anywhere a BWC claim is on the line.
Frequently Asked Questions
About Workplace Death Benefits
