Workplace accidents are a tragic reality that often result in severe injuries or even death. In Connecticut, when a loved one dies due to a work-related accident, the surviving family members may wonder if they have grounds for a wrongful death claim. Connecticut's workers' compensation laws provide some benefits to the deceased's dependents, but there are specific situations where a wrongful death claim might also be an option. Here, we'll explore the possibility of filing a wrongful death claim after a work-related accident in Connecticut, explain when workers' compensation benefits apply, and examine the steps involved in seeking justice for a lost loved one.

Understanding Connecticut's Workers' Compensation System

In Connecticut, workers' compensation is a mandatory insurance program that provides income replacement and medical benefits to employees who are injured on the job, regardless of fault. These benefits also extend to the families of workers who die as a result of their injuries. However, workers' compensation typically prevents employees and their families from filing a lawsuit against the employer. Instead, they must seek benefits through the workers' compensation system.

Key Workers' Compensation Benefits in Fatal Workplace Accidents:

• Death Benefits: Surviving family members, typically a spouse and dependent children, may receive weekly payments based on a percentage of the deceased's average weekly wage.
• Funeral Expenses: Connecticut's workers' compensation covers funeral and burial expenses, which can significantly relieve the financial burden for the family.
• Medical Costs: Any medical expenses incurred for treatment prior to the worker's passing are covered.

While these benefits offer financial support, they may not fully compensate for the emotional and other intangible losses families suffer. Additionally, in certain cases, Connecticut law does allow for a wrongful death claim.

When a Wrongful Death Claim May Be Filed

Wrongful death claims after a work-related accident in Connecticut are limited by the "exclusive remedy" provision of workers' compensation. However, there are some specific circumstances where a wrongful death claim is permitted, especially if a third party's negligence contributed to the worker's death.

Situations in Which Wrongful Death Claims May Be Allowed:

• Third-Party Negligence: If an independent third party (not the employer) contributed to the fatal accident, the family might be able to file a wrongful death claim against that party. For example, if a worker dies due to a faulty piece of equipment manufactured by another company, the family could potentially pursue a claim against the equipment manufacturer.
• Intentional Employer Misconduct: In rare cases, if an employer's intentional conduct directly led to the worker's death, Connecticut law may allow the family to pursue a wrongful death claim. However, proving intentional misconduct can be challenging and typically requires substantial evidence.
• Subcontractors and General Contractors: If a subcontractor or contractor working on the same job site contributed to the incident, a wrongful death claim could be filed against them, depending on the level of fault involved.

By understanding these exceptions, families can determine whether their case may qualify for a wrongful death claim, offering a potential path to additional compensation beyond workers' compensation benefits.

Differences Between Workers' Compensation and Wrongful Death Claims

It's essential to understand the distinctions between workers' compensation death benefits and a wrongful death claim:

• Compensation Limits: Workers' compensation provides a fixed percentage of wages as benefits, while a wrongful death lawsuit can include additional damages such as pain and suffering, loss of companionship, and more.
• Proof of Negligence: Workers' compensation does not require the family to prove negligence; however, wrongful death claims generally require evidence of negligence or intentional misconduct.
• Types of Damages: Wrongful death lawsuits can include both economic damages (lost income, medical expenses) and non-economic damages (emotional distress, loss of companionship), offering potentially more comprehensive compensation.

Steps for Filing a Wrongful Death Claim in Connecticut

If you believe a wrongful death claim is appropriate in your situation, here are some steps to consider:

1. Consult an Attorney: Wrongful death claims are complex, especially when they overlap with workers' compensation cases. Working with an lawyer who specializes in wrongful death cases in Connecticut is essential to navigating these legal intricacies.
2. Gather Evidence: Documentation and evidence play a vital role in proving negligence or fault in a wrongful death case. Collect any relevant records, including accident reports, medical records, witness statements, and photographic evidence, as these can support your case.
3. Identify All Liable Parties: In cases involving third-party liability, identifying all responsible parties is key. This can include subcontractors, equipment manufacturers, or other entities whose actions contributed to the accident.
4. File the Wrongful Death Claim Promptly: Connecticut has a two-year statute of limitations for wrongful death claims. Filing promptly ensures you do not lose the right to pursue compensation.
5. Calculate Damages: Work with your attorney to assess all the potential damages, including both economic losses (medical expenses, lost future earnings) and non-economic damages (pain and suffering, loss of companionship).

The Value of Additional Compensation Through Wrongful Death Claims

In a wrongful death lawsuit, families may seek damages that go beyond what workers' compensation offers, which can be vital for those experiencing financial strain after losing a primary earner. These damages include compensation for loss of financial support, covering the wages and benefits the deceased would have provided. Additionally, families may receive compensation for pain and suffering, helping to ease the emotional hardship they have endured. Lastly, compensation may address the loss of companionship, recognizing the emotional impact on surviving family members. Together, these damages aim to address the full impact of the loss, providing support beyond the limitations of workers' compensation.

Conclusion

When a work-related accident results in the death of a loved one, families in Connecticut might be able to pursue a wrongful death claim in addition to receiving workers' compensation benefits. Although these claims are only permitted under specific circumstances, understanding the distinctions and potential for compensation will help families make the best decisions about their legal options. 

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating a Wrongful Death Claim in Connecticut can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.