Who Is Liable for Workplace Death in Pennsylvania?

Losing a loved one in a workplace accident is a devastating experience. Families are left grieving while also facing financial uncertainty and unanswered questions. In Pennsylvania, several parties may be held liable for a workplace death, depending on the cause and circumstances.

What Is a “Wrongful Death” in the Workplace?

A wrongful death occurs when someone dies as a result of negligence, recklessness, or intentional misconduct. In the workplace, this may involve failure to follow safety protocols, the use of defective equipment, or careless actions by other workers or contractors. While some jobs carry inherent risks, every employer has a duty to provide a safe working environment.

When a fatal workplace accident occurs, surviving family members may be entitled to compensation through two main avenues: workers’ compensation death benefits and a wrongful death lawsuit. However, not all cases qualify for both.

Workers’ Compensation Death Benefits

Under Pennsylvania law, employers are generally protected from personal injury or wrongful death lawsuits through the state’s workers’ compensation system. The system is “no-fault,” meaning families do not need to prove negligence to receive benefits. Instead, eligible survivors—such as spouses, minor children, or dependent parents—can receive:

• Partial wage replacement
• Funeral and burial expenses
• Surviving spouse and dependent benefits

However, workers’ compensation benefits are limited. They do not include compensation for pain and suffering, emotional distress, or punitive damages.

Exceptions to Employer Immunity

While workers’ compensation generally shields employers from lawsuits, there are exceptions:

• Intentional Acts: If an employer’s deliberate actions led to the death, such as knowingly exposing workers to hazardous conditions without proper protection, they may be held liable beyond workers’ compensation.
• Lack of Insurance: Employers failing to carry mandatory workers’ compensation insurance can face direct lawsuits from the deceased worker’s family.

Third-Party Liability

Many workplace deaths involve third parties—individuals or entities other than the deceased’s employer. If a third party caused or contributed to the death, surviving family members can file a wrongful death lawsuit for full damages. Common examples include:

• A subcontractor causing a fatal construction site accident
• A defective tool or piece of machinery malfunctioning due to manufacturer error
• A delivery driver struck and killed by a negligent motorist

Third-party claims allow families to recover compensation beyond what is available through workers’ compensation, including pain and suffering, full loss of earnings, and emotional loss.

Statute of Limitations

Pennsylvania law imposes a strict deadline for filing a wrongful death claim. Families must file within two years of the date of death. Failing to act within this time frame can result in losing the right to compensation entirely.

Available Damages in a Workplace Death Case

Wrongful death and survival claims allow families to pursue compensation for:

• Medical expenses
• Funeral costs
• Lost wages and future income
• Loss of companionship and emotional suffering
• Pain and suffering before death (survival claims)

Wrongful death proceeds are distributed directly to heirs and are not subject to inheritance tax. Survival action proceeds go through the estate and may be subject to tax and creditor claims.