A sudden workplace accident took your spouse, parent, or loved one without warning. You are left mourning for a life that was cut too short. At the same time, you are left with many questions about how your family will move forward.
If you're grieving the loss of a family member after a fatal workplace accident in South Carolina, you're not alone. The Law Office of Sean M. Wilson helps families like yours pursue justice, financial support, and peace of mind. Let’s walk through your legal options together, because no family should face this kind of loss without guidance.
What Causes Fatal Workplace Accidents in South Carolina?
Fatal work accidents happen in every industry, but some jobs carry higher risks than others. South Carolina’s construction sites, manufacturing plants, farms, and transportation corridors see more than their share of tragedy.
Some fatal accidents are caused by:
- Falls from heights. Roofers, utility workers, and construction crews may be at risk because of their job responsibilities.
- Machinery accidents. Heavy equipment with missing guards or improper lockout tagout procedures can be deadly, for example.
- Vehicle-related incidents. Road crews, delivery drivers, and forklift operators face constant traffic and equipment hazards.
- Electrocution. Inadequate training or faulty wiring can turn routine maintenance into a fatal encounter.
- Toxic exposure. Chemical leaks and long-term inhalation of harmful substances can lead to fatal injuries or illnesses.
Employers are legally required to provide a safe work environment. Unfortunately, when shortcuts are taken or safety violations are ignored, workers and their families pay the ultimate price.
What Legal Remedies Are Available to Families?
If your loved one died in a work-related accident, South Carolina workers’ compensation law offers certain benefits. However, these benefits are not automatic and may not be enough.
If a negligent party other than the employer, such as a subcontractor, manufacturer, or driver, contributed to the fatality, a separate wrongful death lawsuit may provide additional compensation.
Who Qualifies for Workers’ Comp Death Benefits?
South Carolina law allows certain family members to receive benefits after a fatal work injury, but eligibility depends on your relationship to the deceased. Eligible beneficiaries may include:
- Spouses. A surviving spouse may receive weekly compensation for up to 500 weeks.
- Children. Minor children and full-time students up to the age of 23 are eligible to receive benefits. Additionally, adult children with disabilities who were financially dependent on the person who died may receive benefits.
- Other dependents. In some cases, parents or other relatives who were supported by the deceased may qualify.
Proving dependency can be challenging, especially if the insurance company disputes your claim. An attorney can gather the financial records and testimony needed to support your case. If your claim is successful, you may receive weekly payments and reimbursement for funeral and burial costs.
What if Someone Besides the Employer Was at Fault?
In some fatal work accidents, a third party caused the accident and the resulting death. This could happen, for example, if:
- A defective ladder collapses
- A subcontractor drops heavy equipment
- A delivery driver runs a red light
These cases may allow you to file a wrongful death lawsuit separate from the workers’ comp claim. This type of claim may include compensation for:
- Loss of future earnings
- Loss of companionship and emotional support
- Pain and suffering
- Punitive damages (in cases of gross negligence)
Unlike workers' compensation claims, which cap benefits, wrongful death lawsuits can result in a more significant financial recovery.
Why Families Need Legal Representation After a Fatal Work Accident
Insurance companies don’t make it easy. They may delay, deny, or undervalue your claim, and you have a limited amount of time to file a wrongful death case in court. At a time when you’re grieving and overwhelmed, you shouldn’t also have to fight for your family’s future.
The Law Office of Sean M. Wilson helps families across South Carolina get the benefits and justice they deserve after a fatal workplace injury. Known for his personal approach and aggressive advocacy, he takes on insurance carriers and negligent parties so clients can focus on healing—not bureaucracy.
You Don’t Have to Go Through This Alone
Losing someone in a workplace accident is every family’s nightmare. The grief is unbearable, and the legal system can feel cold and confusing. But with the proper guidance, you can find clarity, closure, and the financial security your family needs.