When a workplace accident takes a loved one’s life, families often first encounter the workers’ compensation system, which provides certain death benefits. But depending on the circumstances, a separate wrongful death claim against a third party may also be available.
Workers' Compensation Death Benefits
Workers’ compensation generally provides limited death benefits to eligible family members when an employee dies from a work-related injury, regardless of who was at fault. These benefits typically cover a portion of lost income and funeral expenses, but they are usually capped and don’t account for the full scope of a family’s loss, such as pain and suffering.
When a Third-Party Wrongful Death Claim May Apply
If someone other than the employer, such as a subcontractor, equipment manufacturer, or another company working on the same site, contributed to the fatal accident, the family may be able to pursue a wrongful death claim against that third party, separate from workers’ compensation.
Why the Distinction Matters
Workers’ comp benefits are generally the exclusive remedy against an employer, meaning a family typically can’t sue the employer directly. A third-party wrongful death claim, however, can provide compensation that workers’ comp doesn’t, including pain and suffering and loss of companionship.
Who Can File a Wrongful Death Claim
A wrongful death claim is generally filed by the personal representative of the deceased’s estate, often a spouse, parent, or child, on behalf of the surviving family.
What Compensation May Be Available in a Third-Party Claim
- Loss of income and future financial support
- Loss of companionship
- Pain and suffering experienced by the family
- Funeral and burial expenses
Coordinating Workers' Comp and a Wrongful Death Claim
Families can often pursue both workers’ comp death benefits and a third-party wrongful death claim, though there can be coordination requirements between the two, including potential reimbursement from a third-party settlement.
The Statute of Limitations
Montana generally allows 3 years from the date of death to file a wrongful death claim, separate from any workers’ comp filing deadlines, so it’s important to track both timelines carefully.
Getting Guidance After a Workplace Death
Losing a family member in a workplace accident is overwhelming, and understanding which benefits and claims are available shouldn’t add to that burden. An attorney can help identify every path to compensation your family may be entitled to.
OSHA Investigations and How They Help
Fatal workplace accidents often trigger a federal workplace safety investigation, which can produce detailed findings about safety violations, equipment failures, or supervisory shortcomings that contributed to the death. These findings, while not automatically conclusive in a civil case, can provide valuable evidence for a wrongful death claim, particularly when they identify a specific violation tied directly to the accident.
Construction and Industrial Job Sites
Job sites with multiple contractors and subcontractors present some of the most common scenarios for third-party wrongful death claims, since a general contractor’s safety oversight, a subcontractor’s negligent work, or another crew’s mistake can all potentially fall outside the exclusive-remedy protection that shields a direct employer. Sorting out which company actually employed the deceased, and which companies may be liable as third parties, is often one of the first steps in these cases.
Equipment and Machinery Failures
Many fatal workplace accidents involve heavy machinery, vehicles, or industrial equipment that malfunctioned or lacked proper safety guards. When the equipment itself was defectively designed or manufactured, the equipment maker can become a third-party defendant in a wrongful death claim, separate entirely from any workers’ compensation process involving the employer.
Montana's Agricultural and Extraction Industries
Montana’s agricultural, timber, and mining and extraction industries carry particularly high rates of fatal workplace accidents given the heavy equipment and physically demanding conditions involved. Families in these industries should be aware that third-party claims, such as against equipment manufacturers or independent contractors brought in for specialized work, are often just as relevant here as on a traditional construction site.
Bringing Clarity to a Confusing Process
Between workers’ comp paperwork, a potential OSHA investigation, and questions about third-party liability, families dealing with a workplace fatality often face a confusing web of processes all at once. Having a single attorney coordinate across all of these fronts can help ensure nothing is missed and that deadlines across different systems are all properly tracked.
What Death Benefit Amounts Typically Look Like
Montana’s workers’ compensation death benefits are generally calculated as a percentage of the deceased worker’s average weekly wage, subject to statutory minimums and maximums, and paid to eligible dependents for a set period rather than as a single lump sum. Because these figures are set by statute rather than by the actual value of what a family has lost, they often fall well short of what a full wrongful death claim against a responsible third party could provide.
Independent Contractors and Misclassified Workers
Whether a deceased worker was properly classified as an employee or as an independent contractor can significantly affect which system applies to a workplace fatality. A worker misclassified as an independent contractor, for instance, may not be covered by workers’ compensation at all, which can open the door to a direct wrongful death claim against the company that would otherwise have been protected as an employer.
Talk to Big Sky Defender Today
If your family has lost a loved one in a Montana workplace accident, Big Sky Defender handles wrongful death cases on a contingency fee basis, meaning there’s no fee unless we win. Call (406) 552-4653 or visit /contact-us/ for a free consultation.
Frequently Asked Questions
Workers’ compensation is generally the exclusive remedy against an employer, but claims against third parties who contributed to the accident may still be available.
A third party is generally anyone other than the employer or a coworker, such as an equipment manufacturer, subcontractor, or another company on a shared job site.
Often yes, though there can be coordination requirements, including possible reimbursement of workers’ comp benefits from a third-party recovery.
Generally 3 years from the date of death under Montana’s standard wrongful death statute of limitations.
