What happened
If someone died in a fall at work
We're sorry. This page is written to be useful rather than comforting, because the things that need doing in the first weeks are time-sensitive and nobody explains them at the time.
There are two separate financial claims, and a mandatory federal investigation that runs whether or not your family asks for it.
Published July 27, 2026 · Last reviewed July 30, 2026
The two claims are separate
Workers' compensation death benefits go to a surviving spouse, children, and sometimes other dependents. They typically cover burial costs up to a statutory cap and pay a percentage of the worker's average weekly wage for a defined period or until a dependent child reaches a certain age. This is administrative — you file it, you don't sue for it.
A wrongful death claim is a lawsuit, brought against parties other than the employer, and it reaches categories comp doesn't touch: the full economic loss of a lifetime of earnings, loss of companionship and guidance, the survivors' own losses, and in some states the conscious pain and suffering before death. Who is legally permitted to bring it, and who receives the proceeds, is set by your state's statute and is not always the same person handling the estate.
OSHA must investigate
An employer must report a work-related fatality to OSHA within 8 hours. That triggers an inspection, and it is not optional or discretionary.
The resulting file — the inspector's narrative, witness interviews, photographs, measurements, and any citations issued — becomes a documented independent account of the site, created by people with no stake in the family's claim. It is one of the most valuable records in these cases, and families are entitled to information about the investigation into their family member's death.
The deadlines run from the date of death
Wrongful death statutes of limitations are often shorter than ordinary personal injury deadlines — one or two years is common — and they run from the date of death rather than the date of the incident when those differ.
There is a second, quieter clock: preservation. Equipment gets scrapped, the site gets rebuilt, crews scatter, and memories fade. Sending preservation demands to every company that was on that site is one of the first substantive things that should happen, and it can only be done by someone who has been engaged.
What tends to make a claim worth pursuing
None of these is a guarantee. They are the facts an attorney will look for first when deciding whether to take a case like yours.
- The fall was from height and fall protection was absent or inadequate
- More than one company was working on the site
- OSHA opened an investigation or issued citations
- The employer had prior fall-protection violations
- Equipment failed — harness, anchor, lanyard, lift, or scaffold
- There were witnesses, or the site had cameras
Questions
Can we bring a wrongful death claim if we're already getting comp death benefits?
Yes. Comp death benefits are administrative and come from the employer's carrier; the wrongful death claim is against third parties and is separate. Accepting one does not waive the other, though the comp carrier will typically assert a lien against any third-party recovery.
Who is allowed to file?
It depends entirely on your state statute. Some restrict it to the personal representative of the estate, who then distributes to statutory beneficiaries; others let a spouse, children, or parents file directly. Getting this right at the outset matters, because filing in the wrong capacity can waste time you don't have.
The employer's insurance company has offered to cover the funeral. Should we take it?
Funeral and burial coverage is a standard comp death benefit you're generally entitled to regardless. Accepting it is normal. What you should not do is sign a broader release in exchange, and any document beyond the standard comp forms should be read by someone representing your family before it's signed.
Read next
OSHA after a fall
OSHA won't pay you a dollar. Its file is still one of the most useful documents in the case.
Read thisThe deadlines
Four separate clocks. The shortest one can be as little as 30 days.
Read thisWhat these cases are worth
No honest answer is a number. Here's what actually moves it, and what doesn't.
Read thisOther situations
I fell off a roof at work
Comp covers part of it. The claim against everyone who isn't your employer covers the rest — and runs on a different deadline.
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Usually the contractor's insurance answers for it. What determines your exposure is whether they actually had any.
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I fell off a ladder
Who supplied the ladder and who set it up usually decides the case. Preserve the ladder itself.
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The roof gave way
Falling through a surface raises different questions than falling off one — mainly who knew it was weak.
Read thisEvidence and research resources
See all resourcesEvidence checklist
The records, objects, photographs, and timelines worth preserving now.
Read thisPlain-language glossary
Medical, insurance, safety, and legal terms explained without the jargon.
Read thisOfficial sources
The government, court, safety, and medical sources used to check this site.
Read thisHave a lawyer look at this
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