Logger fatalities: Is it a wrongful death suit or workers’ comp claim?

Logging remains one of the most dangerous occupations in the U.S. According to the latest data from the Bureau of Labor Statistics (BLS), loggers had a fatal work injury rate of 98.9 per 100,000 full-time equivalent workers in 2023. This is significantly higher than the average rate for all workers, which is 3.5. From 2006 to 2015, logging workers experienced a total of 655 fatal occupational injuries.

A significant 59% of all logging-related deaths occurred when workers were struck by falling or flying objects, were caught in or between objects or fell to lower levels. Approximately 90% of these fatalities involved trees, logs, snaps or limbs.

There is an emotional and financial toll on families

The emotional and financial hardship endured by survivors of someone who died in a logging accident is profound. Wives and children often face immense grief while also wrestling with the reality of the sudden loss of income. Along with the usual expenses, families may have to deal with funeral expenses, medical bills not covered and the loss of the primary breadwinner, which can lead to long-term financial instability.

Filing a wrongful death claim

In West Virginia, families who file wrongful death lawsuits can seek various types of damages. These damages aim to compensate the deceased person’s survivors for their losses:

1. Loss of earnings: Compensation for the deceased’s income if they had lived.
2. Loss of companionship: Compensation for the emotional pain and suffering of losing a loved one.
3. Mental anguish: Damages for the emotional distress experienced by the survivors.
4. Punitive damages: In cases of particularly egregious conduct, courts may award punitive damages to punish the wrongdoer and deter similar behavior in the future.
5. Medical expenses: Costs incurred for medical treatment related to the injury before the deceased passed away.
6. Funeral and burial expenses: Costs associated with the deceased’s funeral and burial.

Wrongful death claims against employers require proving that the company’s negligence or misconduct caused the death. However, there may also be other negligent parties as well:

1. Manufacturers of defective equipment: If faulty machinery, equipment or safety gear contributed to the death, the manufacturer or distributor of that equipment could be held liable.

1. Contractors and subcontractors: If the death occurred on a construction site or similar environment, contractors or subcontractors who failed to maintain safety standards might be liable.
2. Coworkers: In some cases, if a coworker’s negligent actions directly caused the death, they might be held liable.

These potential liabilities highlight the importance of thoroughly investigating all aspects of a workplace fatality to determine who may be responsible.

Workers’ compensation benefits for logging deaths

In West Virginia, workers’ compensation death benefits go to the dependents of a deceased worker. These benefits include:

1. Funeral expenses: Up to $10,000 for funeral and burial costs.
2. Lump-sum payment: A one-time payment of $100,000 to the surviving spouse.
3. Weekly benefits: Ongoing weekly payments to the surviving spouse and dependents. The amount is typically a percentage of the deceased worker’s average weekly wage.
4. Dependent children’s benefits: Additional benefits for dependent children continue until they reach the age of 18 or 25 if they are full-time students.
5. Dependent Parent Benefits: If no surviving spouse or children exist, dependent parents may receive benefits.

These benefits aim to provide solid financial support to the deceased worker’s family as they try to move forward from their loss.

Attorneys can help families understand their options

Unless the employer’s actions were intentional or particularly egregious, families cannot pursue a wrongful death lawsuit in addition to receiving workers’ compensation benefits. However, families can still sue third parties (such as equipment manufacturers or subcontractors) who may have contributed to the death and still receive workers’ comp death benefits.

Our experienced workplace injury attorneys at The Masters Law Firm, L.C. can be invaluable in navigating the complexities of workers’ comp versus wrongful death claims involving logging. They can help determine the most appropriate type of claim to submit. It’s hard to know what a workers’ comp or wrongful death claim is worth, but they also help ensure that families receive the compensation they deserve. No amount can bring back a loved one. Still, financial compensation can help families move forward knowing they have financial security.