Autopsies after fatal work injuries
The main reason for performing an autopsy after a fatality on the job is to help prove that the job caused the death. If the cause of death isn’t certain, it can be difficult to link it back to the person’s employment and establish death benefits for the surviving family.
A recent Illinois case demonstrates this. The worker, a custodian, was loading a van with a co-worker. They were putting equipment in the vehicle to take to another location. The worker went to use the bathroom, and when he didn’t return, his co-worker went to check on him and found him unresponsive. The cause of death on his death certificate was a heart attack, but no autopsy was performed.
At first, death benefits were approved. But after the insurer challenged the decision, it was reversed. The arbitrator agreed that the cause of death wasn’t certain. Benefits were ultimately denied. The death certificate gave a cause of death, but in the end, it was speculative. The claim failed on a lack of evidence.
An autopsy isn’t necessary in every fatal work injury case, but in some it can make all the difference. It won’t automatically establish that a death was caused by work, but if the cause of death is determined, then other evidence can be used to make that connection.
We get that if a loved one dies on the job that an autopsy isn’t necessarily the first thing you are thinking of. But even if you have to pay for it, it really is important to know. It will give you some closure and might possibly help you win a workers’ compensation claim.
We are workers' compensation attorneys who help people with Illinois work injuries anywhere in IL via our statewide network of attorneys. Contact us and we will answer your questions or find the right lawyer for your situation.
