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Workers’ Compensation Miscarriage

Workers’ compensation can go wrong in a variety of ways. One such case involves workers’ compensation miscarriages. Women who miscarry after an injury on the job should collect workers’ compensation for their loss. Still, many states do not allow workers’ compensation benefits for miscarriage at all.

The laws and court decisions that set workers’ compensation benefit limits vary greatly from state to state, so workers should be aware of their rights. Phoenix Workers’ Compensation Attorneys can discuss workers’ comp rights with workers who have suffered a miscarriage, and workers should contact them immediately when they discover their workers’ compensation rights.

Miscarriage And Workers’ Compensation

States vary widely in the workers’ compensation benefits they allow for miscarriage or stillbirth.

  • Some states provide workers’ compensation for pregnancy loss if it results from work-related injury;
  • Others only provide workers’ comp coverage for miscarriages caused by work injuries.
  • Still, other states will compensate workers who suffer a miscarriage after an on-the-job accident, but only if the fetus was not yet viable (that is, incapable of living outside the womb).

However, some state laws require that a worker prove that her miscarriage was attributable to the workplace injury. Many women do not receive workers’ compensation benefits after an accident because they cannot prove causation.


While workers’ compensation benefits may only be available for workers who lose a fetus after their injury, workers can also seek workers’ comp death benefits for the stillborn child.

In most cases, workers receive workers’ comp death payments when they have been injured in an accident and when their lawyers can also prove that the unborn child died because of that same accident.

Another option available to women who suffer miscarriage on the job is workers’ comp funeral payments. Employers often offer show compassion and support for workers by paying burial costs if a serious workplace injury leads to miscarriage or stillbirth; however, some states do not require employers to pay such costs at all.


Another issue related to workers’ compensation miscarriage is how long an individual must wait after the accident before workers’ compensation benefits are available. The workers’ comp waiting period varies significantly in different states, ranging from three days to six months.

Requests for Assistance

One woman who suffered a miscarriage while working on an assembly line asked co-workers to sign sworn affidavits testifying that she was injured when she fell because of unsafe conditions at work; when this woman goes to court over her workers’ compensation claim, these affidavits will help prove her case.

However, many workers who suffer a miscarriage on the job do not know how workers’ comp can benefit them if they lose their unborn child after a workplace injury. Individuals who have lost a fetus or infant after an accident should contact workers’ compensation lawyers immediately to find out what workers’ compensation benefits may be available.

Workers’ compensation benefits can be challenging to obtain, and workers need workers’ comp lawyers to help them win these cases. Workers’ compensation lawyers can help workers receive workers’ comp benefits and protect their rights. Let workers’ compensation lawyers help injured workers find workers’ comp death benefits.

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