Various laws, regulations, and standards protect workers in the United States. One of these laws is the federal Occupational Safety and Health Act of 1970, which requires employers to provide a workplace free of recognized hazards that are causing or are likely to cause death or serious physical harm. This blog post will discuss what you need to know about wrongful death damages at work.
Sadly, accidents still happen, and sometimes they result in death. When they do, the deceased’s family members may be able to file a lawsuit against the employer. This type of lawsuit is called a “wrongful death” action.
What is a workplace wrongful death?
A workplace wrongful death is a death that occurs due to an employer’s negligence or intentional wrongdoing. For the deceased’s family to recover damages, they must prove that the employer’s negligence caused the death.
There are two types of workplace wrongful death cases:
- cases where the death was caused by a workplace accident,
- cases where the death was caused by exposure to a hazardous work environment.
To recover damages, the family of the deceased must be able to prove that the death was caused by the employer’s negligence.
How do I prove that the employer was at fault?
There are a few different ways to prove that the employer was at fault, including:
- proving that the employer violated a safety regulation
- proving that the employer was aware of the hazard but did not take steps to correct it
- proving that the employer should have known about the hazard
Who can file a workplace wrongful death claim?
In the United States, the family members of a worker who dies due to their job can file a wrongful death claim. These claims could be filed against the employer if the employer’s negligence or carelessness caused the death. For example, if a worker is killed because of a defective equipment, the family could file a wrongful death claim against the employer.
Wrongful death claims can also be filed against other parties, such as manufacturers of defective products. For example, if a worker is killed because of a defective equipment, the family could file a wrongful death claim against the equipment manufacturer.
What wrongful death damages can be recovered in a workplace case?
The family of the deceased may be able to recover a variety of damages, including:
- funeral and burial expenses
- the deceased’s medical expenses
- the deceased’s lost wages and benefits
- the value of the lost “services” of the deceased (such as child care, housekeeping, and yard work)
- the value of the lost “support” of the deceased (such as financial contributions to the family)
- the value of the lost “companionship” of the deceased
- the pain and suffering of the deceased
- the pain and suffering of the surviving
What is the deadline for filing workplace wrongful death damages?
Every state has laws about the deadlines for filing a wrongful death claim. In most states, the family must file a claim two years from death. If you have lost a loved one due to a workplace accident or exposure to a hazardous work environment, you should contact an experienced wrongful death lawyer to discuss your case.
If you or someone you know has lost a loved one due to a workplace accident, or if you have any questions about workplace wrongful death damages, don’t hesitate to contact us today 2H Law At (619) 374-9320 We are a national law firm with offices across the country. We offer free consultations and would be happy to discuss your case with you.