Fatal Workplace Accident Wrongful Death Beyond Workers Comp

The Law of Fatal Workplace Accidents and Wrongful Death

Under the Civil Rights Act of 1964, employers are required to provide a safe working environment for their employees. When a fatal workplace accident occurs, and it is proven that the employer's negligence caused the death, surviving family members may have grounds to file a wrongful death claim beyond workers' compensation. This claim can seek damages for the deceased's pain and suffering, as well as compensation for the loss of the deceased's income and emotional support.

“A person who, by virtue of employment, is subject to the direction and control of the employer, or any other person acting for the employer, shall be deemed to be acting within the scope of his employment unless the employment is of such character that, in law, he is deemed to be independent contractor, or unless he is engaged in some nonoccupational activity, which the employer has no right to control.” This quote, extracted from the Restatement (Second) of Agency, helps to define the scope of an employer's responsibility for the actions of their employees.

"A person who, by virtue of employment, is subject to the direction and control of the employer, or any other person acting for the employer, shall be deemed to be acting within the scope of his employment unless the employment is of such character that, in law, he is deemed to be independent contractor, or unless he is engaged in some nonoccupational activity, which the employer has no right to control."

Defending Against Wrongful Death Claims

Defending against a wrongful death claim in the context of a fatal workplace accident involves several strategies. Employers must carefully consider their actions in order to protect themselves from potential liability. Here are some common defense tactics:

• Establishing that the employer provided a safe working environment and that the accident was an unforeseeable event, which may absolve the employer of negligence.
• Proving that the deceased employee's actions contributed significantly to the accident, thereby mitigating the employer's liability. This is often referred to as contributory negligence.
• Challenging the plaintiff's evidence, particularly regarding the standard of care and the employer's duty of care. This can involve questioning the accuracy of expert witnesses and the sufficiency of evidence presented.

One critical defense strategy is to argue that the deceased employee's actions were the primary cause of the accident. For example, if the employee was found to be under the influence of alcohol or drugs at the time of the accident, this could be used to mitigate the employer's liability. It is important for employers to ensure that any such evidence is properly preserved and presented in court.

Another key defense is to challenge the standard of care that the employer was expected to meet. This often requires expert testimony to establish what a reasonable employer would have done in the same circumstances. Employers should consult with legal professionals to determine the best approach to defend against such claims.

Practical Tips for Injured Parties and Families

Pursuing a wrongful death claim can be complex and emotionally challenging. Here are some practical tips to consider when navigating this difficult process:

• Document all evidence related to the accident, including medical records, witness statements, and any correspondence with the employer or insurance companies. Keep a detailed timeline of events to aid in reconstructing the incident.
• Seek legal counsel as soon as possible to understand your rights and the process for pursuing a wrongful death claim. Time is of the essence, as there are often strict statutes of limitation.
• Preserve all relevant records, including employment contracts and safety training records, to strengthen your case. These documents can help establish the employer's compliance or lack thereof with safety regulations.

Frequently Asked Questions

Q: How long do I have to file a wrongful death claim?
Most states have a two-year statute of limitations for filing a wrongful death claim, starting from the date of the deceased's death. This statute is governed by the relevant state's code of civil procedure, such as section 2-1402(a) in Illinois.

Q: Can I receive compensation beyond workers' compensation?
Yes, you may be entitled to additional compensation beyond workers' compensation, such as pain and suffering, emotional distress, and loss of consortium. The exact amount of compensation will depend on the specifics of the case and the state's laws.

Q: Do I need a lawyer to file a wrongful death claim?
While it is not legally required, hiring a lawyer with experience in wrongful death claims can significantly increase your chances of a favorable outcome. A knowledgeable attorney can help you navigate the complexities of the legal system and negotiate fair compensation.

Q: What if the employer is insured?
Even if the employer is insured, you may still pursue a claim against the employer for damages beyond the insurance coverage. It's important to understand the limits of insurance policies and how they may affect your claim.

If you or a family member is dealing with an injury you suspect was caused by negligence, request a free, confidential case review through this site. A quick review can tell you where you stand and what your options are. Don't wait; time is a critical factor in these cases.