Log Truck Driver Dies While On the Job, Family Could Get SC Workers Comp Death Benefits
The driver of a logging truck died after being pinned between his vehicle and another log truck that rolled forward. The South Carolina Highway Patrol is investigating the accident. In the meantime, his family could be eligible to receive SC workers comp death benefits to help with his funeral expenses.
Dan Frederick Little of Jonesville, SC, 51 years old, reportedly was operating his log truck and parked behind other vehicles who were waiting in line. Little stepped out of his vehicle and walked to the back to remove a load warning flag, when another log truck pulled up behind him and the driver of that vehicle exited his truck to do the same thing. However, the other logging truck began to roll forward and pinned Little between the rolling truck and Little’s truck.
According to the Newberry County Coroner, Little died instantly at the scene.
Because Little died while on the job, due to an accident, his family could be eligible for SC workers comp death benefits.
SC Death Benefits Through Workers Comp
In South Carolina, workers’ compensation allows for financial benefits to dependents or parents of a deceased employee. Workers’ Compensation coverage is elective for employers in South Carolina with three or less employees. Anyone employing four or more employees is required to have SC workman’s compensation insurance, which provides death benefits in the event that an employee is killed related to a workplace accident.
Financial assistance in the form of compensation benefits will be paid according to the following terms:
- All workers’ compensation death benefits are exempt from the claims of creditors and all estate taxes.
- 2/3 of the employee’s weekly wage will be paid to a spouse, or a spouse and dependent children. The weekly benefit will not be less than $75 or more than the annual compensation rate limit. (For 2010, this is $689.71.) The benefits will be paid up to a maximum of 500 weeks with two exceptions: 1. Weekly benefits already paid to the employee (and family) during injury will be subtracted from the death benefit limit. 2. When a spouse remarries, a two-year lump sum is payable to the spouse upon remarriage and weekly benefits cease.
- Children receive benefits beyond age 19 if disabled, or until age 23 if full-time students.
- If there are no dependents, workers comp death benefits will be paid out among partially dependent persons.
- If there are no dependents at all, workers’ comp death benefits will be paid to non-dependent children.
- If the deceased employee does not have children, the worker’s comp death benefits will be paid to the employee’s parents.
The Strom Law Firm Understands SC Worker’s Comp Legislation
The Columbia, SC workers’ comp death benefits lawyers at The Strom Law Firm, LLC proudly seek justice on behalf of employees injured or killed on the job who work for private companies, as well as employees working for local county, city, and state government. We are licensed to practice throughout South Carolina, as well as Georgia and New York. If you are confused about worker’s comp laws, or have had your worker’s comp claim denied, contact us. We offer free consultations to discuss the facts of your case. 803.252.4800.