In Minnesota, workers’ compensation death benefits provide financial support to the surviving spouse, children, and other dependents of a worker who dies due to a work-related injury or illness. These benefits typically cover a portion of lost income, funeral expenses, and medical costs related to the worker’s death.
A knowledgeable Minnesota workers’ compensation attorney can ensure that you receive the full benefits you’re entitled to by guiding you through the claims process, handling any disputes, and gathering necessary evidence. They can also assist in appealing denials or delays, ensuring that the surviving family members’ rights are protected and properly compensated.
Common Types of Fatal Job Site Accidents in Minnesota
In Minnesota, certain jobsite accidents lead to fatal injuries or illnesses each year, particularly in industries like construction, agriculture, manufacturing, and transportation. These types of accidents can have life-changing consequences for workers and their families.
- Falls are one of the leading causes of fatal job site accidents in Minnesota, particularly in the construction industry. Workers often perform tasks at heights, such as on scaffolds, roofs, or ladders, where a fall can lead to severe injuries or death. Falls can also happen due to slippery conditions, especially in winter, or when safety equipment like guardrails and harnesses is not properly used. Employers are required to provide fall protection, but when safety measures are neglected, the risk of a fatal fall increases significantly.
- Another common cause of fatalities is being struck with objects on a job site. This includes workers being hit with falling tools, equipment, or materials. In construction sites, workers are often near cranes, forklifts, or trucks moving heavy objects, and accidents can occur when machinery malfunctions or when safety protocols are not followed. A worker may also be struck with debris from nearby demolition or construction work. These accidents are more likely when workers are not properly trained or when personal protective equipment (PPE) like hard hats is not used consistently.
- Caught-in or between accidents are also frequent causes of fatal injuries. These occur when a worker becomes trapped between machinery, equipment, or heavy materials. For example, workers may get caught in moving machinery parts or between a vehicle and a stationary object. The risk is especially high in industries involving heavy equipment or large vehicles, such as construction, manufacturing, and agriculture.
- In addition to accidents, occupational illnesses can also lead to fatalities over time. Respiratory diseases resulting from exposure to dust, chemicals, or asbestos are common in industries like construction and mining. Long-term exposure to harmful substances can cause chronic conditions like lung disease or cancer, which can eventually lead to death.
- Finally, vehicle accidents on job sites are a leading cause of fatalities, particularly for workers in transportation or logistics. Collisions between workers and moving vehicles or accidents involving trucks, forklifts, and other heavy machinery can result in fatal injuries.
Types and Amounts of Workers’ Compensation Death Benefits in Minnesota
In Minnesota, workers’ compensation death benefits provide financial support to the surviving family members of a worker who dies as a result of a workplace injury or illness. These benefits help cover lost wages and medical expenses, and they are intended to support the deceased worker’s dependents during a difficult time.
The main types of death benefits available through Minnesota’s workers’ compensation system are surviving spouse benefits, dependent children benefits, and funeral expenses.
- Surviving Spouse Benefits: If the deceased worker is married, the surviving spouse may be entitled to death benefits. The amount of compensation depends on the deceased worker’s earnings and the length of time the spouse was married to the worker. In general, the surviving spouse receives a percentage of the deceased worker’s weekly wage. This amount is adjusted based on the state’s average weekly wage (SAWW). The spouse may continue to receive benefits for life or until remarriage. If the surviving spouse remarries, their benefits are typically reduced to a lump sum or may end.
- Dependent Children Benefits: If the worker had children who were financially dependent on them, the children may be eligible for workers’ compensation death benefits. The amount provided is a percentage of the worker’s weekly wage, with a maximum amount based on the state’s average weekly wage. Children generally receive these benefits until they turn 18 or until they reach 23 if they are still attending school full-time. The benefits are divided equally among all eligible children.
- Funeral Expenses: Minnesota workers’ compensation law also covers the cost of funeral expenses. The maximum amount for funeral expenses is set by the state and is intended to help cover burial and related costs. This amount is typically around $15,000, although the exact figure may change over time due to adjustments for inflation.
The benefits are handled by the Minnesota workers’ compensation insurer, which may either be a private insurance company or the state-run Minnesota Workers’ Compensation Insurers Association. The surviving family members must file a claim with the insurer, and the insurer will investigate the circumstances surrounding the worker’s death. If the claim is accepted, the insurer will begin disbursing the benefits. However, if there is a dispute or the claim is denied, the surviving family members can appeal the decision to the Minnesota Department of Employment and Economic Development (DEED).
The process is handled through the insurer, and there are mechanisms in place for dispute resolution if necessary.
What if a Claim for Minnesota Workers’ Compensation Death Benefits is Denied?
If a claim for workers’ compensation death benefits in Minnesota is denied, it can be a difficult and emotional experience for the surviving family members of a deceased worker. However, there are clear steps you can take to appeal the denial and, with the help of an experienced Minnesota workers’ comp lawyer, improve your chances of securing the benefits owed. Here’s a guide to the steps you should take and how a lawyer can assist you at each stage.
- Review the Denial Letter: The first step after receiving a denial is to carefully read the letter from the insurance company or employer. The letter should explain the specific reason for the denial, such as a lack of evidence proving the death was work-related, missing documentation, or failure to meet filing deadlines. Understanding why the claim was denied is important for deciding the next course of action.
- Contact the Insurance Company or Employer: Before moving forward with a formal appeal, you may want to contact the insurance company or employer directly to clarify the situation. Sometimes, a claim is denied due to a simple mistake, such as missing paperwork or incorrect information. If you can provide additional documentation, such as medical records or witness statements, it may be possible to resolve the issue without further legal action. An experienced Minnesota workers’ compensation lawyer can assist at this stage by communicating with the insurance company on your behalf, ensuring that the correct documentation is provided, and helping to resolve any misunderstandings.
- File an Appeal: If the claim is still denied after contacting the insurance company, the next step is to file a formal appeal with the Minnesota Department of Employment and Economic Development (DEED). You typically have 30 days from the date of the denial to file an appeal. During the appeal, you’ll have the opportunity to submit additional evidence to support your claim that the death was work-related. A workers’ comp attorney can be invaluable at this stage. They will help you understand the appeal process, gather the necessary evidence (such as medical records, expert opinions, and witness testimony), and ensure that your paperwork is correctly submitted to meet the strict deadlines.
- Attend the Hearing: If the appeal is not resolved through paperwork, a hearing may be scheduled before a judge. At this hearing, both sides – your family and the insurer – will present their arguments. A lawyer will represent you at this hearing, making sure that your case is presented clearly and effectively. They will also cross-examine the opposing side’s evidence and testimony to strengthen your case.
- Negotiate or Litigate: If the case is still unresolved after the hearing, a lawyer can negotiate a settlement with the insurance company or take the case to court if necessary. Having legal representation increases the likelihood of a fair settlement or favorable outcome.
Elements of a Third-party Claim in Minnesota Arising from a Fatal Job Site Accident
In Minnesota, a third-party claim can be filed when a worker is killed in a job site accident due to the negligence or wrongdoing of someone other than their employer or coworker. Unlike workers’ compensation – which is a no-fault system providing benefits regardless of fault – a third-party claim seeks to hold the responsible party accountable for the worker’s death. To succeed in a third-party claim, certain legal elements must be proven.
- Existence of a Third Party: A third-party claim requires that the responsible party is someone other than the employer or a coworker. This may be a contractor, a subcontractor, a manufacturer of faulty equipment, or even another driver in an accident. For example, if a worker is killed in a vehicle accident resulting from a negligent driver while on the job, that driver is considered a third party.
- Negligence or Fault: To prevail in a third-party claim, the surviving family members must prove that the third party’s actions were negligent or intentionally harmful. Negligence occurs when the third party fails to exercise the proper level of care, leading to an accident. For instance, if a construction company fails to maintain safe scaffolding, causing a worker to fall to their death, they may be held liable for negligence. Evidence of the third party’s fault – such as unsafe practices, defective equipment, or poor maintenance – must be demonstrated.
- Causation: The surviving family must prove that the third party’s negligence or fault directly caused the worker’s death. In legal terms, this is called “causation.” It means that the fatal accident would not have occurred but for the third party’s actions. This may involve showing how improper safety protocols or defective equipment led to the worker’s fatal injuries.
- Damages: Finally, the claim must show that the family suffered damages as a result of the worker’s death. In Minnesota, this can include compensation for medical expenses, funeral costs, lost income, and emotional pain and suffering. The damages are typically calculated based on the financial effect of the worker’s death on their surviving family members.
Recovering Third-party Compensation in Minnesota Due to a Fatal Job Site Accident
In Minnesota, if a worker dies as a result of a job site accident due to a third party’s negligence or wrongdoing, the surviving family members may be entitled to third-party compensation. Unlike workers’ compensation, a third-party claim or lawsuit allows the family to pursue damages directly from the at-fault party or their insurer. The compensable losses in a third-party claim can vary but typically include the following:
- Medical Expenses: If the worker suffered an injury before their death and received medical treatment, the surviving family members can recover the medical expenses incurred before the worker passed away. This can include hospital bills, surgeries, physical therapy, and other related medical costs. These expenses are often part of the overall compensation in a third-party claim, as they directly relate to the treatment the worker received before their death.
- Lost Wages and Loss of Earning Capacity: One of the most significant compensable losses in a third-party claim is for lost wages. If the worker was the primary earner for the family, the surviving spouse and children may claim compensation for the wages the worker would have earned if they had lived. This includes both past lost wages (from the time of the accident to the worker’s death) and future lost wages (the amount the worker would have earned throughout their career). Additionally, if the worker was nearing retirement or had special skills that would have led to higher future earnings, the family may claim compensation for the loss of future earning capacity.
- Pain and Suffering: In addition to economic damages, the surviving family members may recover compensation for pain and suffering. This is a form of non-economic damage meant to compensate for the emotional distress, anguish, and loss of companionship experienced by the family after the worker’s death. The amount awarded for pain and suffering often depends on the severity of the loss and the circumstances surrounding the accident.
- Loss of Consortium: If the worker’s spouse or children suffer the loss of companionship and support due to the fatal accident, they may be entitled to loss of consortium damages. Compensation for this loss acknowledges the emotional and relational effects the death has on surviving family members.
Call an Experienced Minnesota Workers’ Compensation Lawyer Today
If you recently lost a loved one due to a fatal workplace injury or illness, you are not alone. A knowledgeable Minnesota personal injury attorney can pursue the benefits and third-party damages you deserve, bringing about a sense of justice and closure for yourself and your family.
