For more than 15 years, the Frank Jenkins Law Office has helped workers across Kentucky obtain the workers' compensation benefits they need and deserve. Dealing with insurance companies, medical records, doctors, defense lawyers and the Department of Workers' Claims can be complex, time-consuming and frustrating — but you don't have to do it on your own! We can provide the legal skills and experience necessary to aggressively fight for your rights.
When the term “workplace accident” is mentioned, you likely envision a construction accident or transportation collision, not an employee being killed while sitting at a desk. Unfortunately, that is what happened recently at a Ford dealership in Kentucky. It’s a reminder that workplace accidents can happen to anyone at any time.
On Jan. 6, a 50-year-old Frankfort man was sitting at his desk at Bill Collins Ford when a SUV came crashing through the building wall and struck him, according to a news report. The married father was momentarily pinned to his desk before the vehicle was removed. Though the employee was rushed to University Hospital, he was pronounced dead from blunt force injuries approximately 45 minutes after arrival.
The tragedy occurred while another employee was moving a Lincoln SUV to a rack for servicing. The employee apparently hit the gas by mistake, causing the vehicle to lunge forward and into the building. The Lincoln had apparently been modified for a disabled driver, which may have contributed to the accident.
Kentucky Workers’ Compensation Death Benefits
The Ford dealership fatality illustrates how random a workplace accident can be. While some industries, such as construction, transportation, and even healthcare, are more prone to workplace accidents, the tragic death of the Ford car dealership employee shows that no one is immune to the possibility of a workplace accident.
Clearly, no amount of money can bring back a loved one or take his or her place. However, if you have lost a spouse or parent in a Kentucky workplace accident, you may be entitled to workers’ compensation benefits that could help you and your family now and in the future. An unexpected death often leaves a family struggling financially at the same time they are drowning in grief. Without a doubt, your spouse/parent would want you to receive compensation if it is due. If your deceased love one contributed to the family while alive, it is safe to say that he/she would want to continue contributing through workers’ compensation benefits if the death was caused by a workplace accident.
Kentucky workers’ compensation law provides for a one-time lump-sum payment when a worker dies within four years of a workplace accident and the death was related to the accident. The lump-sum amount was set at $50,000 back in the year 2000. However, it is adjusted annually. As of 2012, the lump-sum payment amount was $72, 313. Along with the one-time lump sum payment, a surviving spouse and/or children also may be entitled to income benefits based on the fatally injured worker’s wages prior to the workplace accident. How much a survivor receives depends on the family make-up. A surviving spouse with no dependent children, for example, may receive 50 percent of the deceased worker’s average weekly wage, or AWW, prior to the accident. If dependent children also survive the deceased, the spouse receives 45 percent of the AWW and each dependent child is also entitled to 15 percent of the AWW, subject to a maximum amount that is set each year by the Kentucky Labor Cabinet.
If you have lost a spouse or parent to a workplace accident in Kentucky, consult with an experienced Kentucky workers’ compensation attorney to ascertain what benefits you may be entitled to as a survivor.