Work accidents can happen at any workplace. Consider the fatal accident at General Motors Appliance Park where a 55-year-old man got stuck in a machine on the fridge door line.
The man was a long-time, 24-year employee. It is not clear how he became stuck in a machine, but first responders were able to free him. He was taken to a local hospital but due to critical injuries sustained to his abdominal area, he died two days later.
The U.S. Occupational Safety and Health Administration opened an investigation into the accident to determine what happened and why. This serious incident and the devastating loss of life is an enormous blow to the worker’s family and those he worked with.
Losing a loved one as the result of an accident at work is extremely traumatizing and although Kentucky’s workers’ compensation laws cover death, figuring out which benefits a family is entitled to is a complicated process. Working with an experienced workers’ compensation attorney can help guide you through the procedures.
Losing an income earner poses financial difficulties for a family. In this case, the deceased’s family members may be entitled to benefits under the Workers’ Compensation System. A surviving spouse, the parent of the deceased, minor children and mentally disabled adult children may be entitled to receive benefits under Kentucky’s workers’ compensation.
Kentucky Revised Statute 342.750 addresses the amount of financial assistance a widow/widower may receive when a worker dies. If there is a widow/widower and no children the widow/widower may receive 50 percent of the average weekly wage of the deceased.
If there is/are child(ren) living with the widower/widow then the survivors may receive 45 percent of the average weekly wage of the deceased, or 40 percent, if the child(ren) are not living with a widow/widower. Also, there may be 15 percent for each child. Each case is different and speaking to an experienced workers’ compensation attorney is the best route to sorting out the details of death payments.
If a worker dies after suffering injuries at work, a lump sum payment goes to the deceased’s estate. If the death occurs within four years from the date of injury, and the death was a direct result of the injuries, a lump sum payment goes to the deceased’s estate for burial expenses. The surviving spouse and some defendants are also entitled to income benefits.
The process can be quite complex and complicated. Hessig & Pohl are highly experienced workers’ compensation attorneys who know how to handle work injury claims. They make sure you get fair and equitable damages for your injuries. They do not quit until they get justice. Call them today for your free consultation at (502) 777-1111.