Losing a loved one in a workplace accident is one of the most devastating experiences a family can face. When that death results from someone else’s negligence — a careless employer, a reckless third-party contractor, or an unsafe worksite — Pennsylvania law gives surviving family members the right to hold those responsible parties accountable. If your family member was killed on the job in Upper Darby or the surrounding Delaware County area, a Philadelphia personal injury lawyer at MyPhillyLawyer can help you understand your legal options and fight for the compensation your family deserves. Call us at (215) 227-2727 to speak with our team today.

Table of Contents

• Pennsylvania Workplace Wrongful Death Claims Are Rising, and Upper Darby Families Are Not Immune
• Pennsylvania’s Wrongful Death Act Gives Your Family the Right to Sue
• Workers’ Compensation Alone Does Not Cover Everything — Third-Party Claims Are Critical
• Comparative Negligence Rules Can Affect Your Workplace Wrongful Death Recovery
• The Statute of Limitations for Workplace Wrongful Death Claims in Pennsylvania Is Two Years
• What Damages Can an Upper Darby Workplace Wrongful Death Claim Recover?
• FAQs About Upper Darby PA Workplace Wrongful Death Claims

Pennsylvania Workplace Wrongful Death Claims Are Rising, and Upper Darby Families Are Not Immune

Fatal work injuries in Pennsylvania totaled 185 in 2024, according to the U.S. Bureau of Labor Statistics Census of Fatal Occupational Injuries (CFOI), a 9.5 percent increase from 169 in 2023. That number represents 185 families who got a phone call no one should ever receive. For families in Upper Darby, a densely populated township in Delaware County just west of Philadelphia along the SEPTA regional rail and trolley corridors, the risk is real every single day.

Transportation incidents were the most frequent cause of fatal workplace events in Pennsylvania, accounting for 32 percent of all fatalities, while fatal falls, slips, and trips accounted for 26 percent of worker deaths in the state. Workers in construction, warehousing, retail, and healthcare — all industries with a significant presence in the Upper Darby area — face these dangers routinely.

The construction sector recorded the highest number of fatalities in Pennsylvania with 48 deaths in 2024, up from 30 the previous year. That is a 60 percent jump in a single year. If your loved one was a construction worker, a delivery driver, a warehouse employee, or worked in any physically demanding role near the 69th Street business corridor or along West Chester Pike, their death may give rise to a wrongful death claim under Pennsylvania law.

Workplace wrongful death claims are different from standard workers’ compensation claims. They involve separate legal theories, different defendants, and potentially far greater compensation. Understanding how these claims work is the first step toward getting justice for your family.

Pennsylvania’s Wrongful Death Act Gives Your Family the Right to Sue

Under 42 Pa. C.S. § 8301, Pennsylvania’s Wrongful Death Act, surviving family members can bring a legal action to recover damages when a person dies as a result of another party’s wrongful act, neglect, or negligence. This statute is the foundation of every workplace wrongful death case in the Commonwealth.

The law identifies who can bring this claim. Section 8301(b) limits the right of recovery to the spouse, children, or parents of the deceased. If your loved one was a parent, a spouse, or a child who died in a workplace accident, you have a direct legal right to pursue compensation under this statute. The damages recovered are distributed in the same proportion as the decedent’s personal estate would be distributed under Pennsylvania’s intestacy laws.

Section 8301(c) also allows the plaintiff to recover what are called “special damages.” These include reasonable hospital costs, nursing care, medical expenses, funeral costs, and expenses of administration that arose because of the fatal injuries. These are economic losses that your family should never have to absorb because of someone else’s carelessness.

In addition to the Wrongful Death Act, Pennsylvania recognizes a separate claim called a Survival Action under 42 Pa. C.S. § 8302. A survival action allows the deceased worker’s estate to recover damages the worker would have been entitled to had they survived, including lost wages, pain and suffering experienced before death, and other losses. Both claims can often be pursued together, which is why having a knowledgeable legal team matters so much.

Workers’ Compensation Alone Does Not Cover Everything — Third-Party Claims Are Critical

Pennsylvania’s Workers’ Compensation Act, codified at Title 77 P.S. § 481, establishes the “exclusive remedy” rule. Under 77 P.S. § 481(a), an employer’s liability under the Workers’ Compensation Act is exclusive, meaning in most cases you cannot sue your loved one’s employer directly in a personal injury lawsuit for a work-related death. Workers’ compensation provides death benefits to surviving dependents, but those benefits are limited and do not include compensation for pain and suffering or full wage replacement.

Here is where the law opens a critical door for families. Under 77 P.S. § 481(b), if the workplace death was caused in whole or in part by a third party — someone other than the employer — the family can bring a direct lawsuit against that third party. Third parties in workplace deaths often include equipment manufacturers, property owners, general contractors, subcontractors, and even negligent drivers who caused a fatal accident during the course of the worker’s job duties.

Under 77 P.S. § 671, Pennsylvania law also provides that if a third-party lawsuit is successful, the employer (or its workers’ compensation insurance carrier) has a subrogation lien against the recovery. This means the employer can recover from the lawsuit proceeds the amount it paid in workers’ compensation benefits. Attorney’s fees and costs are prorated between the employer and the family. This is a complex area of law, and getting it right requires legal experience.

The bottom line is that your family may be entitled to workers’ compensation death benefits AND a separate third-party wrongful death lawsuit. Pursuing both paths simultaneously gives your family the best chance at full financial recovery.

Comparative Negligence Rules Can Affect Your Workplace Wrongful Death Recovery

Pennsylvania follows a modified comparative negligence rule under 42 Pa. C.S. § 7102. This statute means that even if your loved one bore some share of responsibility for the accident that caused their death, your family can still recover damages — as long as the deceased worker’s negligence was not greater than the combined negligence of all defendants.

Under § 7102(a), any damages your family recovers are reduced in proportion to the percentage of fault attributed to your loved one. So if a jury finds the worker was 20 percent at fault and the employer’s contractor was 80 percent at fault, your family’s damages are reduced by 20 percent. You can still recover the remaining 80 percent.

This matters because defense attorneys for employers and third-party defendants routinely try to shift blame onto the deceased worker. They may argue that the worker failed to use safety equipment, ignored a warning, or made a poor decision in the moments before the accident. These arguments are often exaggerated or outright unfair, and they must be challenged with strong evidence.

Under § 7102(a.1)(3), joint and several liability still applies in cases involving intentional torts, or where a single defendant is found at least 60 percent at fault. In those situations, that defendant is responsible for the full damages award, not just their proportionate share. Knowing how these rules apply to your specific case can make a significant difference in what your family ultimately recovers.

The Statute of Limitations for Workplace Wrongful Death Claims in Pennsylvania Is Two Years

Under 42 Pa. C.S. § 5524, Pennsylvania sets a two-year statute of limitations for wrongful death claims. This means your family has two years from the date of your loved one’s death to file a lawsuit. If you miss this deadline, your claim is almost certainly barred forever, regardless of how strong the evidence is.

Two years sounds like a long time. It is not. Workplace death investigations take time. OSHA investigations, employer incident reports, witness interviews, and evidence collection all need to happen quickly before records are lost or memories fade. Waiting too long can seriously damage your case.

There are limited exceptions to the two-year rule. For example, under § 5524(8), claims involving injuries caused by asbestos exposure follow a discovery rule, where the clock starts when the injured person or their family first learned of the connection between the exposure and the illness. But these exceptions are narrow and fact-specific.

If your loved one died in a workplace accident anywhere in the Upper Darby area — whether near the 69th Street Transportation Center, along Baltimore Pike, or at a construction site off Route 1 — do not wait to speak with an attorney. The sooner you act, the better position your family will be in. Call MyPhillyLawyer at (215) 227-2727 right away.

What Damages Can an Upper Darby Workplace Wrongful Death Claim Recover?

Workplace wrongful death claims in Pennsylvania can recover a wide range of economic and non-economic damages. Under the Wrongful Death Act and the Survival Action statute, these damages fall into several categories that together reflect the true scope of your family’s loss.

Economic damages include the full value of the income your loved one would have earned over their remaining working life, factoring in raises, career advancement, and benefits like health insurance and retirement contributions. If your loved one was a skilled tradesperson working construction projects near Upper Darby or a warehouse employee off MacDade Boulevard, those future earnings represent real money your family is now losing.

Recoverable economic losses also include medical and hospital bills incurred between the accident and the death, funeral and burial expenses, and the cost of estate administration. Under § 8301(c), these special damages are explicitly recoverable under the Wrongful Death Act.

Non-economic damages in a survival action can include the pain, suffering, and emotional distress your loved one experienced from the time of the accident until the time of death. If your family member survived for hours or days after a catastrophic construction fall or a crushing machinery accident, that suffering has real legal value.

Pennsylvania law does not cap wrongful death damages in most workplace cases. Your family’s recovery is limited only by what the evidence supports and what a jury finds fair. This is why building a thorough, well-documented case matters so much. MyPhillyLawyer works to gather every piece of evidence — OSHA inspection reports, employer safety records, witness testimony, and expert analysis — to build the strongest possible case for your family. Call (215) 227-2727 or Toll Free: 866-352-4572 to get started.

FAQs About Upper Darby PA Workplace Wrongful Death Claims

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

Yes. Workers’ compensation death benefits and a wrongful death lawsuit are separate legal remedies. Under 77 P.S. § 481(b), if a third party (someone other than the employer) contributed to your loved one’s death, your family can file a civil lawsuit against that party even while receiving workers’ compensation benefits. Be aware that under 77 P.S. § 671, the employer or its insurer may have a subrogation lien on any third-party recovery, meaning they can seek reimbursement for benefits already paid from the lawsuit proceeds.

Who is entitled to bring a wrongful death claim in Pennsylvania?

Under 42 Pa. C.S. § 8301(b), only the spouse, children, or parents of the deceased have the right to recover damages in a wrongful death action. If none of those individuals exist, the personal representative of the estate may bring a more limited claim for funeral, medical, and administrative expenses under § 8301(d). The damages recovered are distributed in proportion to how the decedent’s estate would pass under Pennsylvania’s intestacy laws.

What is the difference between a wrongful death claim and a survival action?

A wrongful death claim under 42 Pa. C.S. § 8301 compensates surviving family members for their own losses — lost financial support, funeral costs, and medical expenses. A survival action under 42 Pa. C.S. § 8302 is brought on behalf of the deceased worker’s estate and seeks damages the worker would have been entitled to had they survived, including lost wages and any pain and suffering experienced before death. In most workplace wrongful death cases in Pennsylvania, both claims are filed together to maximize the family’s total recovery.

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

Under 42 Pa. C.S. § 5524, you have two years from the date of your loved one’s death to file a wrongful death lawsuit. Missing this deadline will almost certainly end your family’s right to compensation permanently. Do not wait to consult with an attorney. Evidence disappears, witnesses move on, and OSHA records may become harder to obtain. Call MyPhillyLawyer at (215) 227-2727 as soon as possible to protect your family’s rights.

Can the employer be held liable even if OSHA did not issue a citation after the accident?

OSHA citations and civil liability are separate matters. A lack of an OSHA citation does not mean the employer or a third party was free from negligence. Civil courts apply their own negligence standards, and evidence of unsafe conditions, inadequate training, missing safety equipment, or ignored warnings can support a wrongful death claim even without a regulatory finding. In fact, third-party defendants like equipment manufacturers or property owners may carry significant liability regardless of what OSHA concluded about the employer’s conduct.

More Resources About Workplace Injuries

• Upper Darby PA Workers’ Compensation Lawyer
• Upper Darby PA Construction Accident Lawyer
• Upper Darby PA Construction Accident Injuries
• Upper Darby PA Scaffolding Accident Lawyer
• Upper Darby PA Warehouse Injury Lawyer
• Upper Darby PA Healthcare Worker Injury Lawyer
• Upper Darby PA Retail Worker Injury Lawyer
• Workplace Injury Lawyer