Numerous laws, regulations, and standards protect American workers. The federal Occupational Safety and Health Act of 1970 require employers to provide a workplace free of recognized hazards causing or likely to cause death or serious physical injury.
Sadly, accidents continue to occur, and occasionally they result in death. When this occurs, the family members of the deceased may be able to file a lawsuit against the employer. The term for this type of lawsuit is “wrongful death action.” This article will explain what you need to know about workplace wrongful death damages.
What Is A Workplace Wrongful Death?
A wrongful death in the workplace is a death caused by an employer’s negligence or intentional wrongdoing. To recover damages, the deceased’s family must prove that the employer’s negligence caused the death.
There are two types of wrongful death lawsuits in the workplace:
- 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 deceased’s family must demonstrate that the death was the result of the employer’s negligence.
How To Prove That The Employer Was At Fault?
There are several ways to demonstrate that the employer was at fault, such as:
- Establishing the employer’s violation of safety regulations.
- Demonstrating that the employer was aware of the hazard but failed to take corrective action.
- Illustrating that the employer should have been aware of the danger.
Who Can File A Workplace Wrongful Death Claim?
In the United States, a worker’s family can file a wrongful death claim if the worker dies on the job. These claims could be filed against the employer if the death was caused by the employer’s negligence or carelessness. For instance, if a worker dies due to faulty equipment, the family could file a wrongful death claim against the employer.
You can also file wrongful death claims against other parties, such as the manufacturers of defective products. For instance, if a worker is killed as a result of faulty equipment, the worker’s family could file a wrongful death claim against the equipment manufacturer.
What Types Of Damages For Wrongful Death Can Be Recovered?
The deceased’s family may be able to recover a variety of damages, such as:
- 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.
If you or someone you know has lost a loved one as the result of an accident at work, or if you have any questions about workplace wrongful death damages, please do not hesitate to get in touch with us at San Gabriel Valley today at (626) 602-9483. We are a national law firm with offices located all over the United States. We provide free consultations, and it would be our pleasure to discuss your situation with you.