Losing a family member in a workplace accident is devastating. The grief is overwhelming, and the financial pressure that follows can make everything worse. If your loved one died because of someone else’s negligence on the job in Bensalem, Pennsylvania, you may have the right to pursue a workplace wrongful death claim. As a Philadelphia personal injury lawyer serving families throughout Bucks County, including Bensalem, MyPhillyLawyer understands what your family is facing right now, and we want to help you understand your legal options.

Table of Contents

• Why Workplace Wrongful Death Claims Happen in Bensalem, PA
• How Pennsylvania Law Defines a Workplace Wrongful Death Claim
• Workers’ Compensation Versus a Third-Party Wrongful Death Lawsuit
• Who Can Be Held Liable for a Workplace Death in Bensalem
• What Damages Are Available in a Bensalem Workplace Wrongful Death Case
• FAQs About Bensalem PA Workplace Wrongful Death Claims

Why Workplace Wrongful Death Claims Happen in Bensalem, PA

Bensalem sits along the I-95 corridor in Bucks County, just north of Philadelphia, and it is home to a dense mix of warehouses, distribution centers, manufacturing facilities, retail operations, and construction sites. The area around Street Road, Route 1, and the Cornwells Heights rail yard keeps workers busy around the clock. With that level of industrial and commercial activity comes real risk.

Fatal work injuries totaled 185 in Pennsylvania in 2024, a 9.5 percent increase from 169 in 2023, according to the U.S. Bureau of Labor Statistics. These are not just numbers. Each one represents a family that lost someone they loved.

The construction sector recorded the highest number of fatalities in Pennsylvania, with 48 deaths, and fatal falls, slips, and trips were the most frequent type of fatal event in that sector. Bensalem has active construction along major corridors, and workers on those sites face serious hazards every shift.

The transportation and material moving occupational group had the highest number of fatal workplace injuries statewide, with 45 deaths, and transportation incidents resulted in 29 of those fatalities. Warehouse and logistics workers in Bensalem, including those at distribution facilities near the Pennsylvania Turnpike interchange, face these same dangers daily.

When a worker dies because an employer ignored safety rules, a third party created a hazardous condition, or defective equipment failed on the job, the family left behind deserves answers and accountability. A workplace wrongful death claim can provide both.

How Pennsylvania Law Defines a Workplace Wrongful Death Claim

Pennsylvania’s Wrongful Death Act, codified at 42 Pa. C.S. § 8301, gives eligible family members the right to bring a civil claim when a person dies due to the wrongful act, neglect, or negligence of another party. This is a separate legal action from any workers’ compensation claim, and it serves a different purpose.

Under 42 Pa. C.S. § 8301(b), the right to bring a wrongful death action exists for the benefit of the deceased worker’s spouse, children, or parents. Damages recovered are distributed among those beneficiaries in the same proportion they would receive the worker’s personal estate under Pennsylvania intestacy law.

The statute also allows recovery under § 8301(c) for special damages, including reasonable hospital, nursing, medical, funeral expenses, and the costs of estate administration caused by the fatal injury. These are real costs that fall on families immediately after a death, and the law recognizes that the responsible party should bear them.

Pennsylvania’s Survival Act, found at 42 Pa. C.S. § 8302, works alongside the Wrongful Death Act. It allows the deceased worker’s estate to pursue claims for the pain and suffering and economic losses the worker experienced between the time of injury and death. Both claims are often filed together to capture the full scope of harm.

You generally have two years from the date of your loved one’s death to file a wrongful death claim under 42 Pa. C.S. § 5524. Missing that deadline almost always means losing your right to recover. If you are unsure where you stand, contact our office at (215) 227-2727 as soon as possible.

Workers’ Compensation Versus a Third-Party Wrongful Death Lawsuit

Most people know that Pennsylvania workers’ compensation covers job-related deaths. Under the Pennsylvania Workers’ Compensation Act, 77 P.S. § 1 et seq., employers are required to carry workers’ compensation insurance, and that insurance provides death benefits to surviving dependents when a worker is killed on the job. Those benefits include wage replacement and funeral expenses.

However, workers’ compensation has a critical limitation. Under 77 P.S. § 481, the liability of an employer under the Workers’ Compensation Act is exclusive. That means, in most cases, you cannot sue your loved one’s employer directly in civil court for the death. Workers’ comp is the only remedy against the employer.

But that rule does not protect everyone. Under 77 P.S. § 481(b), if a third party caused or contributed to the fatal injury, the family can bring a separate civil lawsuit against that third party. A “third party” in this context means someone other than the employer or a co-worker acting within the scope of employment. Common examples include equipment manufacturers, property owners, subcontractors, and negligent drivers.

Additionally, under 77 P.S. § 671, when a family recovers money from a third-party lawsuit, the employer’s workers’ compensation insurer has a subrogation right. This means the insurer can seek reimbursement from the third-party recovery for the benefits it already paid. An experienced attorney can help manage this process so your family keeps as much of the recovery as possible.

The bottom line is this: workers’ compensation and a third-party wrongful death claim can both be pursued at the same time. You should not assume workers’ comp is your only option without speaking to an attorney first.

Who Can Be Held Liable for a Workplace Death in Bensalem

Identifying who is legally responsible for a workplace fatality requires a careful look at all the parties involved in the job site or work environment. In Bensalem, where warehouses, retail facilities like those near Neshaminy Mall, and construction sites along the Pennsylvania Turnpike and I-95 all operate simultaneously, multiple parties often share responsibility.

Equipment manufacturers can be liable when a forklift, crane, scaffold component, or other piece of machinery fails due to a design defect or manufacturing flaw. Product liability claims do not require proof of negligence, only that the product was defective and that the defect caused the death.

Property owners can be liable when a dangerous condition on their premises contributed to the fatal accident. If your loved one died in a fall at a warehouse or was struck by a vehicle in a poorly designed loading area, the property owner may share responsibility under Pennsylvania premises liability law.

Subcontractors and general contractors on construction sites in Bensalem can be held liable when their negligence creates hazards that kill workers employed by another company. OSHA regulations impose duties on all parties who control a work site, and violations of those standards can be strong evidence of negligence in a civil case.

Pennsylvania follows a comparative negligence rule under 42 Pa. C.S. § 7102. Even if your loved one is found to have been partially at fault, your family can still recover damages as long as the deceased worker’s share of fault was not greater than the combined fault of all defendants. Any recovery is reduced by the percentage of fault assigned to the deceased, but it is not eliminated unless that fault exceeds 50 percent.

What Damages Are Available in a Bensalem Workplace Wrongful Death Case

The damages available in a Pennsylvania workplace wrongful death case are meant to compensate your family for both the financial and personal losses caused by the death. These fall into several categories, and understanding them helps you see the full value of a potential claim.

Economic damages cover the financial contributions your loved one would have made to the family over their lifetime. This includes lost wages, lost benefits, and the value of household services the deceased provided. Experts use actuarial tables, employment records, and economic analysis to calculate these figures accurately.

Special damages under 42 Pa. C.S. § 8301(c) include the medical bills incurred from the time of injury until death, funeral and burial costs, and the administrative expenses of settling the estate. These costs are recoverable in addition to other damages.

Under the Survival Act, the estate can also pursue compensation for the physical pain and suffering your loved one experienced between the accident and their death. If the death was not immediate, this can be a significant element of the claim.

Pennsylvania wrongful death law does not currently include a separate category for the grief or emotional suffering of surviving family members. However, the loss of companionship and the financial impact of losing a spouse or parent are real losses that factor into the overall claim. Our attorneys work with financial and medical experts to build a complete picture of what your family has lost, so that no element of your damages is left on the table. Call us at (215) 227-2727 or Toll Free: 866-352-4572 to discuss what your family’s claim may be worth.

FAQs About Bensalem PA Workplace Wrongful Death Claims

Can I file a wrongful death lawsuit if my family member’s employer already paid workers’ compensation death benefits?

Yes, in many cases you can. Workers’ compensation benefits from the employer do not prevent you from filing a separate civil lawsuit against a third party who contributed to the death. Under 77 P.S. § 481(b), the exclusive remedy rule only bars claims against the employer, not against outside parties like equipment manufacturers, property owners, or negligent contractors. If a third party’s negligence played a role in the fatal accident, your family has the right to pursue both avenues at the same time. Be aware that the workers’ compensation insurer may assert a lien against any third-party recovery under 77 P.S. § 671.

Who has the legal right to bring a wrongful death claim in Pennsylvania?

Under 42 Pa. C.S. § 8301(b), the right to bring a wrongful death claim belongs to the deceased worker’s spouse, children, or parents. The action is typically filed by the personal representative of the estate on behalf of those eligible beneficiaries. If none of those family members exist, the personal representative may still pursue a more limited claim for medical, funeral, and administrative expenses under § 8301(d). If you are unsure whether you qualify, an attorney can review your specific situation and explain your rights.

How long do I have to file a workplace wrongful death claim in Pennsylvania?

Pennsylvania law gives surviving family members two years from the date of the worker’s death to file a wrongful death lawsuit, under 42 Pa. C.S. § 5524. This deadline is strictly enforced by the courts. If the claim is not filed within that period, you will almost certainly lose your right to recover any damages through the civil courts, regardless of how strong your case is. Do not wait to speak with an attorney. The earlier you act, the more time there is to gather evidence, identify all responsible parties, and build a strong claim.

What if my loved one was partially at fault for the workplace accident that caused their death?

Pennsylvania follows a modified comparative negligence rule under 42 Pa. C.S. § 7102. Your family can still recover damages even if your loved one was partially at fault, as long as their share of fault was not greater than the combined fault of all defendants. If the deceased worker is found to be 30 percent at fault, for example, the total damages award is reduced by 30 percent. Only if the deceased worker’s fault exceeds 50 percent would the family be barred from recovering. Insurance companies often try to inflate the worker’s share of blame to reduce or eliminate payouts, which is why having an attorney on your side matters.

What should I do first if my family member died in a workplace accident in Bensalem?

Start by securing any documents you can access, including accident reports, OSHA investigation records, medical records, and your loved one’s employment records. Do not give recorded statements to any insurance company before speaking with an attorney. Insurance adjusters work for the insurer, not for your family, and anything you say can be used to reduce the value of your claim. Contact MyPhillyLawyer at (215) 227-2727 as soon as you are ready. We can help you understand what happened, who may be responsible, and what your family’s legal options look like going forward. Our office serves families throughout Bensalem and the greater Philadelphia region.

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