Wrongful Deaths in Virginia Work Accidents
Workplace injuries in the Richmond area can result in severe injuries, and in the worst accidents, injuries can be deadly. According to the US Bureau of Labor Statistics, work-related fatalities have risen recently. Data released at the end of 2023 revealed that, between 2021 and 2022, fatal work injuries rose by nearly 6 percent, with a total of 5,486 reported deaths. Nonfatal injuries have also risen. Overall, transportation-related accidents are the leading cause of fatalities, but occupations that involve material moving, construction, and interactions where acts of violence may occur.
It is important to know that it may be possible for a surviving family member to seek workers’ compensation death benefits after a deadly workplace accident and, in some cases, to seek compensation through a wrongful death lawsuit. These cases are never easy, and it is important to have an experienced Virginia wrongful death attorney assisting you. We can provide you with more information about wrongful deaths in Virginia work accidents, and we are here to speak with you today about the specific details of your case.
Workers’ Compensation, Death Benefits, and Fatal Work Accidents in Virginia
When a worker is killed in an accident in Virginia, Virginia law stipulates that compensation shall be paid to the deceased’s worker’s surviving dependents. The law requires payments that are equal to 66 and 2/3 of the deceased worker’s weekly wages, up to 100 percent of the average weekly wage in Virginia.
The survivors who can be eligible to receive these benefits include “persons presumed to be wholly dependent upon the deceased employee,” who may include a spouse or children. When there are no surviving “total dependents,” then “partial dependents” can be eligible for compensation.
Wrongful Death Lawsuits After Deadly Workplace Injuries
While workers’ compensation is generally an exclusive remedy for work-related injuries and fatalities, there are some circumstances under which it may be possible to seek compensation through a wrongful death lawsuit. In cases where a third party was responsible for the death — such as an automobile driver, or the manufacturer of defective workplace equipment — survivors may be able to obtain additional compensation if a wrongful death lawsuit is filed.
The personal representative of the estate (i.e., the executor) must be the party who files the wrongful death lawsuit under Virginia law, but the personal representative seeks compensation for surviving family members, including a surviving spouse, child, grandchild, sibling, or other deceased relative who was dependent on the deceased worker. The statute of limitations for most wrongful death claims, including those arising out of work-related accidents, is two years.
Contact a Richmond Wrongful Death Lawyer for Assistance
The unexpected death of a loved one in a workplace accident is not something anyone should have to experience. Yet these devastating accidents do occur, and it is important for survivors to know that they may have options available to them. One of the experienced Richmond wrongful death attorneys at Latham & Martin can speak with you today to provide you with more information about death benefits through the Virginia workers’ compensation system and wrongful death lawsuits in the aftermath of a fatal workplace accident. Contact us today for more information about how we can assist you.
Sources:
bls.gov/iif/home.htm#:~:text=News%20Releases,-Total%20of%205%2C486&text=There%20were%205%2C486%20fatal%20work,per%20100%2C000%20FTE%20in%202021
law.lis.virginia.gov/vacode/title65.2/chapter5/section65.2-512/
law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-50/
law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-244/
