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.
A cell tower worker died recently in a tragic accident near Cynthiana, Kentucky. According to news reports, the 28-year-old father of four was decapitated while working on a Verizon cell phone tower on July 1. According to the Harrison County Sheriff’s Office, a crew of four men from Indiana was working at the tower changing booms when the accident occurred.
Two workers were on the ground while the other two were on the tower. The old equipment had already been lowered to the ground and they were in the process of bringing up the new 1,800-pound boom when the accident occurred. The boom crashed to the ground and a cable decapitated one of the tower workers and amputated his right arm. Initially, authorities suspected the cable broke. However, it was later determined that the cable was in one piece. The other three workers at the scene reported hearing a loud pop just before the tragedy.
The deceased worker’s body was stuck 240 feet up in the air for almost seven hours while rescue workers tried to figure out how to remove it from the tower. Although the other three workers were not physically injured in the accident, they were terribly shaken by the events. “Not too many people are used to seeing that. And it’s a guy that you’ve been working next to,” said Sheriff Hampton.
Kentucky Workers’ Compensation Death Benefits
The cell tower fatality illustrates how rapidly a workplace accident can turn deadly. With the spread of wireless communications, the Occupational Safety and Health Administration expressed concern this year about an alarming increase in accidents at communication towers. Cell tower workers should not pay with their lives for the convenience of wireless communication.
Although it may be months before the official investigation determines exactly what caused the worker’s death, what we do know is that four children must now grow up without their father. No amount of compensation can make up for the absence of a father. However, when tragedy does strike in the form a workplace accident, the survivors should know that they are entitled to death benefits through the Kentucky workers’ compensation system.
When a worker dies within four years of a workplace injury and the worker’s death is related to the injury, the worker’s estate is entitled to a lump sum payment from the workers’ compensation system. The amount of the lump sum benefit is adjusted each year. For 2014, the benefit amount is $75,541. In addition, a surviving spouse and certain dependents may also be entitled to income benefits to replace lost future earnings. A surviving spouse with no children is entitled to 50 percent of the worker’s average weekly wage. If the decedent left behind children, the benefit amount is adjusted to take into account the additional dependents.
Losing a loved one to a workplace accident is something no one should have to endure. If you are a surviving family member of a Kentucky worker killed in a workplace accident, you are likely suffering financially as well as emotionally. No amount of compensation will turn back the clock and prevent the tragedy that took your loved one’s life. However, the compensation to you may be entitled to can help ease the financial strain you are feeling as a result of the loss. Contact an experienced Kentucky workers’ compensation attorney right away to find out if you are entitled to death benefits.