Workplace Fatality Wrongful Death Claims in Georgia & South Carolina
Every worker deserves to return home safely at the end of the day, but workplace accidents claim thousands of lives each year. The Bureau of Labor Statistics (BLS) reports over 5,000 fatal work injuries annually in the United States, with the construction, transportation, and agriculture industries accounting for the highest fatality rates. The Occupational Safety and Health Administration (OSHA) identifies the “Fatal Four” causes of construction deaths as falls, struck-by incidents, electrocutions, and caught-in/between accidents.
At Roden Law, our workplace fatality lawyers represent families across Georgia and South Carolina who have lost loved ones in preventable workplace accidents. While workers’ compensation provides limited death benefits, our attorneys identify third-party liability claims that allow families to recover full wrongful death damages beyond what workers’ compensation provides.
Workers’ Compensation Death Benefits vs. Wrongful Death Claims
Georgia and South Carolina workers’ compensation systems provide death benefits to the surviving spouse and dependents of workers killed on the job. However, these benefits are limited — covering a portion of lost wages and funeral expenses, but not providing compensation for pain and suffering, loss of companionship, or, in Georgia, the full value of the worker’s life.
A third-party wrongful death claim allows the family to pursue full damages under the wrongful death statutes. Georgia’s wrongful death law (O.C.G.A. § 51-4-1 et seq.) and South Carolina’s (S.C. Code § 15-51-10 et seq.) provide significantly greater compensation than workers’ compensation alone. Our workers’ compensation lawyers work alongside our wrongful death team to coordinate both claims for maximum recovery.
Common Causes of Workplace Fatalities
Fatal workplace accidents frequently result from:
- Falls from heights — scaffolding collapses, ladder failures, unguarded roof edges
- Struck-by accidents — falling objects, vehicle collisions on job sites, crane accidents
- Electrocutions — contact with power lines, defective electrical equipment, improper lockout/tagout
- Caught-in/between — machinery entanglement, trench collapses, crushing incidents
- Explosions and fires — gas leaks, chemical reactions, combustible dust
- Toxic exposure — asbestos, silica, chemical inhalation, confined space oxygen depletion
- Transportation incidents — commercial vehicle crashes, forklift accidents
Many of these fatalities involve construction site accidents where OSHA regulations were violated. When defective equipment contributes to a death, product liability claims may also be available.
Third-Party Liability in Workplace Deaths
While you generally cannot sue your employer beyond workers’ compensation, third parties whose negligence caused or contributed to the death can be held liable — for example, equipment manufacturers, or a property owner or contractor that was not the worker’s employer or, in South Carolina, statutory employer (S.C. Code §§ 42-1-400, 42-1-410, 42-1-540):
- Property owners who maintained unsafe conditions at the worksite
- General contractors responsible for overall job site safety
- Equipment and machinery manufacturers whose defective products caused the death
- Subcontractors whose negligence created the dangerous condition
- Chemical manufacturers who failed to warn of hazardous properties
OSHA Investigations and Evidence
OSHA investigates many workplace fatalities, and their findings can provide valuable evidence for a wrongful death claim. OSHA citations, inspection reports, and penalty assessments document specific safety violations that contributed to the death. Our attorneys obtain these records and use them alongside our own independent investigation to build the strongest possible case.
Contact Roden Law After a Workplace Fatality
Georgia’s wrongful death statute of limitations is 2 years (O.C.G.A. § 9-3-33), and South Carolina’s is 3 years (S.C. Code § 15-3-530). Workers’ compensation death benefits have separate reporting deadlines. Contact Roden Law immediately for a free consultation to ensure all deadlines are met and evidence is preserved.
