Can You Sue for Wrongful Death After a Workplace Accident in Vermont?
Losing a loved one to a workplace accident can take a toll on a family, both emotionally and financially. While workers’ compensation provides death benefits to dependents, it may not be enough to cover all damages. As a surviving family member, you may wonder if you can file a wrongful death claim to seek compensation for your losses. In this blog, we’ll explore Vermont’s laws on wrongful death claims related to workplace accidents, who can file, and the compensation that may be available.
What Is a Wrongful Death Claim in Vermont?
A wrongful death claim is filed when a person’s death results from another party’s negligence, recklessness, or wrongful actions. These claims allow surviving family members to seek compensation for their losses. This may include damages for medical and funeral expenses, loss of income, and the pain and suffering experienced by the deceased before their passing. Under Vermont law, the deceased’s spouse, children, or legal representative of their estate can file a wrongful death claim. This must be done within two years of your loved one’s passing.
How Workers’ Comp Affects Wrongful Death Claims
Workers’ compensation is a no-fault system that provides financial benefits to employees or their families after a workplace injury or fatality. Through this system, one can recover compensation for medical bills, lost wages, and funeral expenses. However, in exchange for this, the employee and their families are limited from filing lawsuits against the employers. Also, we did not mention any non-economic damages like pain and suffering or punitive damages. But don’t lose hope; some exceptions could allow for additional compensation!
The Exclusive Remedy Rule
This rule means that workers’ compensation is typically the only legal recourse an employee’s family has against an employer for a work-related death. This rule prevents wrongful death lawsuits against an employer unless there was intentional harm.
So, Can You File a Wrongful Death Claim in Addition to Workers’ Compensation?
Yes! While Vermont law limits lawsuits against employers, you may have the right to file a wrongful death claim against a third party if their negligence contributed to the accident. A wrongful death claim is usually separate from workers’ comp and may provide additional compensation.
Some examples of third-party liability may include the following:
- Defective equipment or machinery: If unsafe machinery or equipment caused the fatal accident, you can hold the manufacturer or distributor responsible
- Negligent contractor or subcontractor: If the deceased was working with independent contractors or subcontractors, and their negligence led to the accident, they may be sued for wrongful death.
- Unsafe premises: If a property owner failed to address hazardous conditions that contributed to the accident, they can be held liable.
If a third party is found liable for a work-related fatality, you may be able to recover damages beyond what workers’ comp provides, such as:
- Medical expenses
- Funeral and burial costs
- Lost future income
- Loss of consortium
- The deceased’s pain and suffering
To improve your chances of success, it is best to consult a workers’ comp attorney who can help you understand your options and ensure your family’s rights are protected.
Contact a Vermont Workers’ Compensation Lawyer Today
If you have recently lost a loved one due to a workplace accident, you may be entitled to compensation beyond workers’ compensation benefits. Contact an experienced Vermont workers’ comp lawyer at Sluka Law PLC at 802-457-1000 today to schedule a consultation.
