Kentucky Workers’ Compensation Fatal Injuries

Although there are some occupations where the risk of dying while on the job is a real risk, most workers leave for work each day without giving a thought to the possibility that they might not  return home because of a workplace accident. Unfortunately though, workplace fatalities do occur. While no amount of money will replace a family member killed in a workplace accident, it is important to know what survivor benefits you could be entitled to through the Kentucky workers’ compensation system in the event you have lost a loved one.

According to the Bureau of Labor Statistics, or BLS, there were five fatal workplace accidents in Lexington during 2012, the most recent year for which figures are available. In Louisville, an additional 18 workers were fatally injured that year in workplace accidents. Nationwide, 4,383 workers were killed on the job in 2012.

On average, that means that 12 people each day are killed in a workplace accident throughout the United States. To the surprise of many people, the transportation industry consistently ranks number one for workplace deaths, followed by the construction industry. If you have lost a family member to a Kentucky workplace accident, the odds are favorable that you have lost a significant source of financial support for your family. The Kentucky workers’ compensation system could help replace some of that financial support.

No amount of money can replace a lost spouse or parent. However, if the worker helped support you and your family while alive, chances are good that he or she would want to continue to provide for you and your family even after death if the option was available – and it may be. If a worker dies within four years of a workplace injury, and the death is related to the injury, the Kentucky workers’ compensation system will pay a one-time lump sum benefit to the decedent’s estate. The amount of the payment is adjusted annually for inflation. For 2014, the lump-sum payment amount is $75,541.95.

In addition to a lump-sum payment made to the decedent’s estate, dependent family members may qualify for wage replacement benefits. The amount a survivor receives depends on who survives the worker and how much the worker made prior to the injury. All wage replacement benefits are calculated using the “average weekly wage” (AWW), which is computed using the worker’s earnings prior to the claim.

A surviving spouse will receive monthly benefits equal to 50 percent of the decedent’s AWW for life or until remarriage, at which time he/she will receive a lump sum equal to two years’ worth of payments. If the worker is survived by dependent children, the surviving spouse will only get 40-45 percent of the AWW and the children will receive 15 percent. However, the combined total of all survivor benefits cannot exceed 75 percent of the worker’s AWW. If no spouse survives the worker, the children will receive monthly benefits equal to a minimum of 50 percent of the AWW. Children will receive benefits until age 18 as a general rule.

If you have lost a loved one in a Kentucky workplace accident, consult with an experienced Kentucky workers’ compensation attorney as soon as possible.