Ohio Workers’ Compensation
Death Claims

No amount of compensation can replace a husband, wife, parent, or child lost to a workplace accident. But the Ohio workers’ compensation system exists to ensure that surviving families are not left without financial support when a worker’s death is caused by a work-related injury or occupational disease.

Mike has handled death claims throughout his 49 years of practice. He understands that families navigating this process are doing so during the worst period of their lives. Every case is handled with the care, sensitivity, and thoroughness that the situation demands — while ensuring that no benefit, no deadline, and no avenue of recovery is overlooked.

Who can file a death claim

Under Ohio Revised Code § 4123.59, death benefits are available to the dependents of a worker whose death was caused by a work-related injury or occupational disease. Ohio law recognizes several categories of dependents, each with specific eligibility rules:

How death benefits are calculated

Death benefits under Ohio workers’ compensation are based on the deceased worker’s Average Weekly Wage (AWW) — the same foundational calculation used for TTD, wage loss, and other benefits. The accuracy of the AWW is critical because it determines every payment the surviving family will receive for years or even decades.

Benefits are paid bi-weekly, just like TTD compensation. For a surviving spouse, payments continue until the spouse remarries or dies. Under R.C. 4123.59(B)(1), a surviving spouse who remarries receives a lump sum payment equal to two years of benefits at the time of remarriage. For dependent children, benefits continue until the child reaches age 18, or age 25 if enrolled full-time in an accredited educational institution.

Funeral and burial expenses

Under R.C. 4123.66, the BWC pays a funeral and burial allowance when a worker’s death results from a work-related injury or occupational disease. This payment is made directly to the person or entity that incurred the funeral expenses, and it is paid in addition to ongoing death benefits to surviving dependents.

The statutory funeral allowance is set by law and is periodically adjusted. While it may not cover the full cost of funeral and burial services, it provides meaningful assistance during an already financially devastating time. Mike ensures that this benefit is requested and processed as part of every death claim he handles.

The 1-year statute of limitations

If the death occurs some time after the original work injury — for example, a worker who suffers a traumatic brain injury and dies months or years later from complications — the one-year clock begins on the date of death, not the date of the original injury. However, establishing the causal connection between the work injury and the subsequent death requires medical evidence that must be gathered promptly.

When a wrongful death civil action may also apply

A BWC death claim and a wrongful death civil lawsuit are two entirely separate legal proceedings, and in many workplace fatality cases, both are available. Understanding the distinction is critical to maximizing the family’s total recovery:

A wrongful death civil action is available when a third party — someone other than the employer or a co-employee — caused or contributed to the worker’s death. Common scenarios include fatal motor vehicle accidents caused by negligent drivers, deaths caused by defective equipment manufactured by a third party, and fatalities on worksites controlled by a general contractor or property owner.

The civil wrongful death action can recover damages that the BWC system cannot provide: pain and suffering of the surviving family members, loss of the deceased worker’s services and society, mental anguish, and in some cases punitive damages. Mike coordinates both proceedings when they are available, ensuring that subrogation obligations are properly managed and the family receives the maximum total recovery.

VSSR claims in fatal workplace accidents

If the employer violated a specific safety requirement (VSSR) that contributed to the worker’s death, surviving dependents may be entitled to an additional award of 15% to 50% on top of the standard death benefits. Under R.C. 4121.47, a VSSR award is a penalty against the employer for failing to comply with specific safety regulations — and it is paid entirely from the employer’s own funds, not from the state insurance fund.

VSSR claims in fatal accidents require prompt investigation of the worksite, identification of the specific safety rule violated, and expert analysis connecting the violation to the death. Mike begins this process immediately upon engagement because evidence at worksites can be altered or destroyed quickly after a fatal accident.

The importance of acting quickly

Workplace fatality cases require urgent action for reasons beyond the statute of limitations:

• Evidence preservation: Physical evidence at the worksite — equipment, safety conditions, video footage — can be altered, repaired, or destroyed within days of an accident. An attorney can send a preservation letter to prevent spoliation.
• Witness statements: Coworkers and eyewitnesses have the clearest memories immediately after the accident. As time passes, details fade and witnesses may leave the employer.
• OSHA investigation: OSHA typically investigates workplace fatalities and may issue citations against the employer. The findings from an OSHA investigation can be valuable evidence in both the BWC death claim and any civil lawsuit.
• Financial urgency: The surviving family may have lost its primary income. Filing the death claim promptly ensures that benefit payments begin as soon as possible to support the family during the most difficult period.

How Mike handles death claims

Mike understands that death claims are unlike any other type of workers’ compensation case. The family is grieving, often in financial distress, and facing a legal system they never expected to encounter. Mike’s approach to every death claim reflects that reality:

• Every case begins with a thorough, unhurried conversation with the surviving family to understand the circumstances and identify every potential avenue of recovery.
• Immediate investigation of the worksite and preservation of evidence, including coordination with OSHA findings when available.
• Verification of the AWW calculation to ensure that every payment the family receives is accurate and maximized.
• Evaluation of all potential claims: BWC death benefits, VSSR awards, third-party wrongful death actions, and any other applicable remedies.
• Compassionate, consistent communication throughout the process — because families deserve to know what is happening with their case at every stage.