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Alabama Workplace Fatality Same Sex Couples Covered

Alabama Workplace Fatality Same Sex Couples Covered

Alabama Workplace Fatality: A recent study of job injuries which lead to the death of workers in Alabama was released by the U.S. Department of Labor covering the calendar year 2012. Unfortunately, the number of deaths caused by work injuries increased approximately 8% in 2012, rising from 74 workplace fatalities in 2011 to 81 in 2012.

Automobile accidents accounted for the largest percent of fatal work injuries-41%, and an even more recent study revealed that Alabama has the seventh highest automobile accident occupant death rate of the 50 States and District of Columbia.

In Alabama, if a workplace accident causes, or is a causative factor, in the death of a worker, and the death occurs within 3 years of the date of the workplace injury (although this date may be tolled by payment of disability compensation while the worker was still alive), then dependents of the deceased worker are entitled to certain death benefits. Beneficiaries are those who were totally dependent upon the decedent, or partially dependent upon them for support. Death benefits are payable over 500 weeks absent an agreed to lump sum settlement.

Given the recent U.S. Supreme Court ruling that same-sex marriage is a constitutional right, same sex married couples are entitled to these same death benefits. Family members may also have a right to pursue other personal injury/wrongful death actions in conjunction with workers compensation death benefits depending on the circumstances surrounding the workplace fatality. For instance, if your spouse was killed in a car wreck while performing their job duties, a third party wrongful death/negligence action may be possible.

If you have lost a loved one due to a workplace accident and you have questions about your rights under the Alabama Workers Compensation laws, or if you have questions about whether you have any right to other legal claims, please do not hesitate to contact one of the experienced Alabama Workers Compensation attorneys at Powell and Denny today.

Powell and Denny: We Work When You Can't

Offices in Birmingham, Alabama and Huntsville, AL

Alabama Workplace Fatality Same Sex Couples Covered

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