Losing a loved one to a work-related accident in Vermont, as in many states, is a deeply challenging experience, bringing both emotional and financial strain to those left behind. In these circumstances, families may wonder if they can file a wrongful death claim to seek compensation for their losses. This article examines the specific laws in Vermont regarding wrongful death claims for work-related accidents, who can file, what damages are available, and how these claims differ from other types of workplace injury claims. Understanding your rights in such cases can help provide a pathway to justice and, ultimately, a form of closure.

Understanding Wrongful Death Claims in Vermont

A wrongful death claim is a legal action that can be initiated when someone’s death is the result of another party’s negligent or reckless behavior. These claims enable surviving family members or representatives of the deceased’s estate to seek financial compensation for the losses they’ve endured due to their loved one’s passing. In Vermont, wrongful death claims are governed by Vermont Statutes Annotated, Title 14, Section 1492, which specifies the requirements and limitations for filing such claims.

Important elements of wrongful death claims in Vermont include:

• Eligible Filers: Only certain individuals can bring a wrongful death claim. Typically, the deceased person's spouse, children, or legal representative of the estate is allowed to file.
• Statute of Limitations: In Vermont, wrongful death claims must generally be filed within two years of the date of death.
• Compensable Damages: Families can seek compensation for medical and funeral expenses, lost income, and the pain and suffering endured by the deceased before passing.

However, when it comes to work-related accidents, wrongful death claims intersect with workers' compensation laws, which introduce unique considerations.

Workers' Compensation and Wrongful Death in Vermont

Workers' compensation is a system that provides benefits to employees or their dependents in the event of a workplace injury or fatality. In Vermont, like most states, workers' compensation generally limits an employer's liability in exchange for guaranteed benefits. However, understanding the overlap and potential exceptions to workers' compensation laws is critical if you're considering a wrongful death claim.

Key Points About Workers' Compensation in Vermont:

• Exclusive Remedy Rule: In Vermont, the workers' compensation system usually prevents employees and their families from suing the employer directly for a work-related death. This is known as the "exclusive remedy rule," meaning workers' compensation benefits are typically the only available remedy against the employer.
• Benefits for Families: Workers' compensation in Vermont provides benefits to the surviving family, including funeral expenses and death benefits, which can cover a portion of the deceased employee's lost wages.
• Limitations of Workers' Compensation: One of the challenges is that workers' compensation benefits will not cover some types of damages, such as emotional distress or punitive damages. This limitation may prompt families to explore whether a wrongful death claim is possible.

Can You File a Wrongful Death Claim in Addition to Workers' Compensation?

Although workers' compensation is often the primary source of compensation for work-related fatalities, there are situations where wrongful death claim are able to be filed. In these cases, you would typically file a wrongful death claim against a third party whose negligence contributed to the fatal accident. Some examples of third-party liability in Vermont work-related wrongful death cases include:

• Defective Equipment or Machinery: If faulty equipment or machinery caused the accident, the manufacturer, distributor, or seller of the equipment could be held liable in a wrongful death lawsuit.
• Contractors and Subcontractors: If the deceased person was working alongside contractors or subcontractors whose negligence led to the accident, these third parties might be named in a wrongful death claim.
• Property Owners: If unsafe conditions on a property contributed to the fatal accident, the property owner might also be liable.

Examples of Third-Party Claims

Some specific scenarios where third-party liability might apply in a wrongful death claim related to a workplace accident include:

• Construction Accidents: Construction sites often involve various contractors, subcontractors, and equipment that is subject to rigorous safety codes. One such example is a landmark case won by Brandon J. Broderick in June of 2024 when a debris chute manufacturer was sued for failing to provide operational instructions that were critical to keeping operators safe, resulting in the injured party's catastrophic injuries that rendered him unable to perform life-sustaining functions without assistance.
• Vehicle Accidents: If the worker was killed in a accident caused by a negligent driver while on duty, the at-fault driver could be held responsible.

Damages in a Vermont Wrongful Death Claim for Work-Related Accidents

In a wrongful death claim, families can pursue damages that go beyond the limited compensation offered by workers' compensation. Damages available in a Vermont wrongful death lawsuit may include:

• Medical Expenses: Reimbursement for any medical treatment the deceased person received before their passing due to the work-related accident.
• Funeral and Burial Costs: Compensation for the funeral and burial expenses.
• Loss of Income: The amount the deceased would have earned if they had continued working until retirement.
• Loss of Consortium: Compensation for the loss of the companionship, support, and guidance that the deceased would have offered.
• Pain and Suffering: Although workers' compensation does not cover pain and suffering, it can be pursued in a wrongful death lawsuit if third-party liability is proven.

Steps to Take if Considering a Wrongful Death Claim

Filing a wrongful death claim, especially one related to a work-related accident, can be complex and requires careful consideration. Here's a step-by-step guide on how families in Vermont can approach the process:

1. Consult an Attorney: Speak to a Vermont attorney experienced in wrongful death and workers' compensation cases to evaluate your claim and identify any potential third-party liability.
2. Gather Evidence: Save any relevant documentation, such as accident reports, medical records, and information about the third parties involved in the workplace.
3. File Within the Statute of Limitations: Wrongful death claims must be filed within two years of the date of death, so it's essential to act promptly.
4. Understand Workers' Compensation Benefits: Work with your attorney to ensure you receive all entitled workers' compensation benefits while assessing the feasibility of a wrongful death claim.

Conclusion

While Vermont workers' compensation laws provide essential support for families after a work-related death, they often fall short in offering full compensation for the significant losses that families endure. In specific situations, a wrongful death claim may be an option, particularly if third-party negligence played a role in the fatal accident. Families should consult an experienced attorney to determine the best course of action and ensure they receive the compensation they deserve.

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

Navigating Vermont Wrongful Death Claims 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.