How does workman’s compensation law apply in wrongful death cases?
If the employer carries workman’s compensation insurance, then the damages that can be paid to survivors are limited to the amount in that policy. These damages are called “compensatory damages,” because they make up for loss of support, loss of services, medical and funeral expenses, lost prospect of inheritance, and loss of future earnings/business/employment opportunities. Interest on these damages begins on the date of the victim’s death.