Occupational Fatalities and Wrongful Death
Each year in the United States, thousands of workers are killed either in the workplace or as a direct result of occupational diseases contracted during the performance of their job responsibilities.
While this represents a considerable improvement over conditions at earlier phases of commercial/industrial history, it is still the case that more than 400 families each month are confronted with the sudden and unexpected death of a loved one due to events in the workplace.
State workers' compensation laws typically include provisions to allocate benefits to the survivors of persons killed on the job, but under some circumstances a wrongful death lawsuit may be more appropriate.
One substantial difference between the death benefits available through a state's workers' compensation scheme and the potential award in a wrongful death suit is that the former are functionally guaranteed and the latter depends upon the successful prosecution of a civil action.
This is no small matter to consider, because the financial needs that you have to address in the aftermath of your loved one's death can be swift and substantial.
But it is also worth noting that the dollar value of the benefits available to you through workers' compensation benefits will be subject to a statutory maximum and that is not true of judge or jury awards.
Conditions that May Warrant a Lawsuit Another key distinction between these compensation mechanisms is that you may not be able to file a wrongful death suit in every situation.
Some deaths in the workplace are regrettable flukes that represent accidental death in the truest sense.
Your loved one's employer will no doubt be committed to constructing a claim that presents his or her passing in this light, and because you were most likely not present at the site it can be difficult to amass a compelling counterargument.
But there are other signs and factors that a wrongful death suit may be entirely within your rights to pursue.
Examples of these might include:
C.
While this represents a considerable improvement over conditions at earlier phases of commercial/industrial history, it is still the case that more than 400 families each month are confronted with the sudden and unexpected death of a loved one due to events in the workplace.
State workers' compensation laws typically include provisions to allocate benefits to the survivors of persons killed on the job, but under some circumstances a wrongful death lawsuit may be more appropriate.
One substantial difference between the death benefits available through a state's workers' compensation scheme and the potential award in a wrongful death suit is that the former are functionally guaranteed and the latter depends upon the successful prosecution of a civil action.
This is no small matter to consider, because the financial needs that you have to address in the aftermath of your loved one's death can be swift and substantial.
But it is also worth noting that the dollar value of the benefits available to you through workers' compensation benefits will be subject to a statutory maximum and that is not true of judge or jury awards.
Conditions that May Warrant a Lawsuit Another key distinction between these compensation mechanisms is that you may not be able to file a wrongful death suit in every situation.
Some deaths in the workplace are regrettable flukes that represent accidental death in the truest sense.
Your loved one's employer will no doubt be committed to constructing a claim that presents his or her passing in this light, and because you were most likely not present at the site it can be difficult to amass a compelling counterargument.
But there are other signs and factors that a wrongful death suit may be entirely within your rights to pursue.
Examples of these might include:
- Security measures that are insufficient for the nature of the work performed
- Acts of intentional violence which caused the death of a worker
- Knowing use of defective or negligently maintained equipment
- Lack of adherence to local, state, and federal occupational safety requirements
C.
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