In the worst-case scenario, an employee dies because of a workplace accident. In that case, the family has a right to file a workplace injury claim under the same conditions described above. If there were third parties involved that acted negligently or carelessly, the family may also file a wrongful death claim against those parties.
In West Virginia, the personal representative of the decedent’s estate is responsible for bringing the claim. A workplace injury lawyer’s assistance will help. Family members who may be entitled to share the damages include:
Spouse
Children, stepchildren, or adopted children
Parents and siblings
Other relatives who were dependent on the decedent’s income at the time of death