Death during employment: Overview, definition, and example
What is death during employment?
Death during employment refers to a situation in which an employee passes away while they are actively engaged in their work or while carrying out duties related to their employment. This can happen as a result of a workplace accident, sudden illness, or any other cause while the employee is performing their job responsibilities or during work-related activities.
In such cases, various legal and financial considerations arise, including compensation for the employee's family, workers' compensation benefits, and the handling of the deceased employee’s rights under the employment contract. The specific provisions may vary depending on the jurisdiction, the nature of the employment, and the circumstances of the employee's death.
Why is death during employment important?
Death during employment is important because it raises significant legal, financial, and emotional issues for both the employer and the employee’s family. For employers, it is essential to understand the legal obligations and benefits related to an employee’s death, such as providing workers’ compensation or life insurance benefits to the employee’s beneficiaries. Employers must also ensure that they handle the situation in compliance with relevant labor laws and workplace safety regulations.
For employees and their families, understanding the rights and benefits available in the event of death during employment ensures that they are properly compensated and supported. This may include funeral expenses, survivor benefits, and other forms of financial support provided under employment insurance, workers' compensation, or life insurance policies.
Understanding death during employment through an example
Imagine you are an employee working in a factory. One day, while performing routine tasks on the job, you suddenly suffer a fatal heart attack. As a result, your family would be entitled to certain benefits under the workers' compensation program, assuming that the death occurred while you were working.
In another example, a truck driver is involved in a fatal accident while driving a delivery truck for their employer. In this case, the family of the deceased employee may be entitled to workers' compensation benefits, life insurance payouts, and possibly survivor benefits from the employer, depending on the terms of the employment contract and insurance coverage.
In both examples, the death of the employee during their employment requires employers to follow legal procedures to provide the family with the necessary support, compensation, and benefits, according to applicable laws.
Example of a death during employment clause
Here’s an example of what a death during employment clause might look like in an employment contract:
“In the event of the Employee’s death during the course of employment, the Employer shall provide the Employee’s beneficiaries with the following benefits: (i) workers' compensation benefits as provided by applicable law, (ii) payment of any outstanding wages or salary earned up to the date of death, and (iii) any life insurance or survivor benefits provided under the Employer’s employee benefits plan. Additional benefits, such as funeral expenses or other compensation, may be provided in accordance with the applicable policies and laws.”
Conclusion
Death during employment is a sensitive and complex situation that requires careful attention to legal and financial obligations. For employers, it is crucial to be aware of their responsibilities, including providing necessary benefits and compensation to the family of the deceased employee. For employees and their families, understanding the available benefits, such as workers’ compensation, life insurance, and survivor benefits, helps ensure that the surviving family members are supported financially during a difficult time. Properly addressing the issue of death during employment helps to ensure compliance with the law and provide the appropriate support for the employee's loved ones.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.