Have you lost a family member due to a workplace injury? If so, you may have the right to receive death benefits under South Carolina’s workers’ compensation law. Death benefits in South Carolina are payments made to family members to help cover the loss of a loved one’s income and to pay for funeral expenses and burial services.
Unfortunately, obtaining workers’ compensation death benefits isn’t always straightforward. Having seasoned legal representation to guide you through the claims process can provide immense relief and help you avoid common pitfalls that can cause unnecessary claim delays and denials.
With over 120 years of combined legal experience, the workers’ compensation attorneys at Land Parker Welch LLC can help with every stage of applying for work-related death benefits, from submitting paperwork to the S.C. Workers’ Compensation Commission and negotiating with the employer’s insurer to advocating for the full benefits your family may be eligible to receive.
Our law firm has received the AV-Preeminent® rating from Martindale-Hubbell, the organization’s highest peer-reviewed rating for legal excellence and ethics. Based in Manning, our legal team serves clients in Clarendon, Sumter, and Williamsburg counties, including Sumter, Manning, Summerton, Kingstree, Mayesville, Turbeville, New Zion, Bishopville, and the surrounding communities.
To learn more about how we can help, contact us today for a free consultation with a South Carolina workers’ compensation death benefits lawyer.
Who Is Eligible for Workers’ Compensation Death Benefits in South Carolina?
Under South Carolina Code § 42-9-290, dependents of a worker may be eligible for workers’ comp death benefits if the death resulted from a compensable work injury and occurred within two years of the workplace accident or within six years while total disability continued.
The law presumes that a deceased worker’s dependents include their surviving spouse and children. Other family members, such as siblings or parents, may qualify if they can prove that they were wholly or partially dependent on the deceased worker at the time of the injury.
When Is a Workplace Death Covered by Workers’ Compensation?
A family can become eligible for death benefits from workers’ compensation when a family member dies from injuries arising out of and in the course of their employment. This eligibility continues for several years to account for the possibility that a worker may not immediately die from their injuries. However, the worker’s death must occur due to the injuries they suffered while performing job-related tasks.
Examples of fatal workplace accidents that might qualify a family for work-related death benefits include:
- Falls from heights
- Building, trench, or scaffolding collapses
- Equipment or power tool accidents
- Motor vehicle accidents
- Fires or explosions
What Death Benefits Are Available Under Workers’ Compensation?
South Carolina’s workers’ comp death benefits provide dependents with weekly payments for 500 weeks and an allowance for funeral and burial expenses.
According to S.C. Code § 42-9-290, eligible dependents may receive weekly benefits in proportion to their degree of dependency on the deceased worker. Children are generally eligible until age 18, though benefits can continue until age 23 if they are enrolled full-time at an accredited educational institution, subject to the 500-week limit. Children with physical and mental disabilities can receive benefits for the full 500-week period, regardless of age.
When a worker leaves a surviving spouse and two or more surviving dependent children, the surviving spouse must receive at least one-half of the paid death benefits.
How Much Are Workers’ Comp Death Benefits in South Carolina?
Work-related death benefits in South Carolina include weekly payments equal to two-thirds of the worker’s pre-injury average weekly wage (AWW). The worker’s family can also receive up to $12,000 toward the worker’s funeral and burial expenses.
How to File a South Carolina Workers’ Compensation Death Benefit Claim
Many times, the employer will file a workers’ compensation claim with the South Carolina Workers’ Compensation Commission after a workplace accident. However, dependents must also file a death benefits claim by submitting a completed Form 52 to the Commission within two years of the date of the accident or death.
If the employer refuses to report the claim, the employer’s workers’ compensation insurance company denies death benefits or agrees to pay less benefits than the family believes they should receive, it could be time to consult an experienced workers’ compensation lawyer. An attorney can assist with communications with the employer’s insurer and, if necessary, represent you in hearings before the Commission.
Workers’ Compensation Death Benefits vs. Wrongful Death Claims
It’s important not to confuse claims for workers’ compensation death benefits with wrongful death claims in South Carolina.
The workers’ compensation system provides eligible employees and families with death benefits regardless of fault. In other words, you don’t have to prove anyone was responsible for the fatal accident to receive death benefits.
By contrast, wrongful death claims are filed under the South Carolina Wrongful Death Act. In these cases, family members must prove that someone else’s negligence caused their loved one’s death. These claims allow families to recover compensation for the losses they suffer due to the death, such as medical expenses, lost wages, and pain and suffering.
State law generally does not allow families to pursue wrongful death claims against employers in most cases. However, if a third party (not the employer) acted negligently and caused the worker’s death, family members could pursue a wrongful death lawsuit against them. For example, if a construction worker died due to a defective power tool or a delivery driver was struck and killed by another motorist on their route, surviving family members could have a viable third-party liability claim.
Contact Our Workers’ Compensation Attorneys Today
If you lost a loved one to an on-the-job accident and need help pursuing death benefits, reach out to the skilled workers’ compensation attorneys at Land Parker Welch LLC today. For over 40 years, our family-run law firm has combined dedicated advocacy with a genuine commitment to making lives better. Our motto is “Lawyers Helping People” — because that’s what we do for Palmetto State families every day.
Contact us today for a free consultation to discuss your family’s rights to recover workers’ compensation death benefits in South Carolina.
