Workplace Fatalities

Getting The Help You Need After A Loved One Dies In A Job-Related Injury Or Illness

The death of a worker on the job is an unspeakable tragedy. Family members left behind by such a sudden and devastating event deserve genuine compassion and support. In many cases, grieving spouses, children and others who may be beneficiaries of available compensation also need dedicated, strategic legal representation.

If you have lost a loved one in a fatal South Carolina workplace accident, you have our sincere condolences. We know how devastating this can be on your family and we want to help. Get in touch with us at Smith & Griffith, LLP, at (864) 477-7395. Your consultation is free.

Our entire legal team is here to help in every way we can. In a time when your focus belongs on processing your grief, we will address all aspects of your claim for workers’ compensation death benefits, funeral and medical benefits, and we are equipped to take other necessary legal action if needed as well.

We Offer Statewide Representation In All Aspects Of Workers’ Comp And Personal Injury Law

While no amount of financial compensation will fully address your loss, maximizing the money available to you may be absolutely essential. Under South Carolina law, eligible family members may be entitled to a modest sum for funeral expenses and up to 500 weeks of compensation equal to 66.6 percent of the deceased’s wages, up to a set maximum.

Employers and insurance companies sometimes deny and dispute death benefit claims based on:

• A contention that family members filing the claim for benefits are not eligible dependents
• Claims by common-law spouses, alleged common-law spouses, other alleged dependents such as children of the deceased, or dependent girlfriends
• Issues associated with the fatal accident itself, such as whether the deceased was performing work duties when it occurred or allegations of intoxication (drugs or alcohol)

Mr. Griffith is a proven Anderson workplace fatality attorney who is exceptionally equipped to advise you and handle every aspect of your quest for workers’ compensation benefits. We often represent the following in workers’ comp death cases:

• The surviving spouse (husband or wife)
• Common-law spouses (common-law wife or common-law husband)
• Minor children of the deceased employee
• Other dependent children of the deceased worker, whether or not they are minors
• Other individuals claiming dependency on the worker such as a mother, father or girlfriend
• Personal representative of the estate of the employee/worker

It is also important to work with a lawyer who has handled high-value injury litigation in state and federal courts since third-party lawsuits against an at-fault party other than the employer are sometimes justified. We have those qualifications as well. For instance, if the worker died on a job site because of the negligence of another employers’ workers, the deceased worker’s heirs may be able to recover damages for wrongful death and survival through a third-party lawsuit. We understand that serious burns and spine injuries can also result in the death of a loved one. Construction site injuries can also cause significant medical costs and result in death.

Mr. Griffith can represent you on both the workers’ compensation claim and the wrongful death claim to ensure that you receive the benefit of both claims. Making certain your workers’ compensation claim is being handled properly before settling with another insurance company can be critical for protecting your ability to get any benefits paid for under workers’ compensation.

If the accident is admitted by the employer and workers’ compensation insurance company with no issues in dispute regarding liability, compensability or dependents eligible to receive benefits, we can represent you through the workers’ compensation claim process for a flat attorney fee of $2,500. If there are disputed issues, fees will be contingent upon you receiving compensation.