Workplace Wrongful Death Settlements - Wrongful Death at Work Claims in South Carolina - How Much Compensation for Death at Work

Workplace Wrongful Death Settlements

Wrongful Death at Work Claims in South Carolina

When a loved one dies on the job, families are overwhelmed, emotionally and financially. These cases often involve workers’ compensation and third-party claims, and knowing how to handle both is critical. Workers’ compensation provides death benefits, but it does not include pain and suffering. That’s why identifying third-party liability, such as negligent drivers, subcontractors, or defective equipment, is often the key to meaningful recovery.

If you have lost a loved one due to a workplace accident it is important to speak with a wrongful death attorney near you to determine if there has been any sort of negligence that would qualify for a third-party wrongful death claim. At The Lovely Law Firm we have experience helping grieving family members through this difficult process. Reach out to Myrtle Beach law firm for a free case evaluation.

How Much Compensation for Death at Work

In South Carolina, workers’ compensation death benefits provide financial support to family members when a loved one is killed due to a work-related injury or illness. Under state law, dependents may receive about two-thirds (66⅔ %) of the deceased worker’s average weekly wages for up to 500 weeks after the injury. That works out to be roughly ten years of support. Burial expenses up to $12,000 are also often covered. These benefits apply even if the death occurs some time after the original injury, as long as it is tied to the workplace incident, and they are generally payable to a spouse, children, or others who were financially dependent on the worker at the time of injury.

Workplace Wrongful Death Settlements

When a death occurs in the workplace, South Carolina law requires certain legal steps to be followed before a wrongful death claim can move forward, including opening an estate and appointing a personal representative. Family disagreements or confusion can delay the process, which only benefits insurance companies. Once a personal representative is appointed, that individual has the legal authority to pursue claims on behalf of the surviving spouse, children, or other eligible beneficiaries.

A workplace wrongful death claim in South Carolina typically involves these important legal steps:

  1. Open an Estate – A probate estate must be opened for the deceased worker in the county where they lived.
  2. Appoint a Personal Representative – The court appoints a personal representative (sometimes called an executor) who has the legal authority to act on behalf of the estate and surviving beneficiaries.
  3. Investigate the Incident – Evidence must be gathered, including accident reports, OSHA findings, witness statements, employment records, and medical documentation.
  4. Determine Available Claims – This may include a workers’ compensation death benefits claim and, in some cases, a third-party wrongful death lawsuit if someone other than the employer contributed to the death.
  5. File the Appropriate Claims – Workers’ compensation claims are filed through the South Carolina Workers’ Compensation Commission, while wrongful death lawsuits are filed in civil court.
  6. Negotiate or Litigate – The case may resolve through settlement negotiations, mediation, or proceed to trial if a fair resolution cannot be reached.

Because these claims involve strict deadlines, probate procedures, and coordination between different legal systems, acting quickly and following the proper process is critical to protecting the family’s right to compensation.

Contact Our Law Firm About Your Workplace Wrongful Death Claim in South Carolina

At The Lovely Law Firm, we guide families through every step, handle probate coordination, and pursue all available avenues for compensation so families can focus on healing, not paperwork. If you have lost a loved one in a workplace accident, reach out to our firm to see how our experienced wrongful death lawyers can best serve you during this difficult time.

Every case is different. Results vary.