How Long Must an Injured Worker Survive for His or Her Spouse to Receive Benefits?
An Ohio appellate court has ruled in favor of a widow whose husband was killed in a 30-foot drop in October 2011. The widow will be awarded 23 years worth of compensation benefits totaling $959,175.
The victim, a 63-year-old man, worked for Arberia LLC and suffered severe brain and skull injuries after his fall during demolition work. Though he survived the fall, he succumbed to the injuries hours later. His widow was paid compensation benefits for his death, and subsequently filed for more benefits to cover her husband’s loss of function in his limbs, eyes and ears.
The employer, Arberia, attempted to appeal against paying benefits, because the victim died hours after his injuries and therefore was not entitled to loss of use benefits; however, Ohio state law does not take into account the length of time that the victim survived when deciding benefits. Since the victim qualified before his death, the lump sum benefits were awarded to the widow.
A Loved One Was Killed in a Work-Related Incident. What Can I Do?
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Larrimer & Larrimer, LLC—Columbus Workers Comp Attorneys
Did You Know? Inadequate fall protection is the number one most frequently cited OSHA standard.