When a Workplace Accident Is Fatal  

When a Workplace Accident Is Fatal  
July 27 09:40 2018 Print This Article

At times, workplaces can be dangerous places. They can cause accidents, illness, and in some cases even death. In the construction industry, as just one example, 57% of all fatalities are caused by accidents like falling, being hit with heavy objects, electrocution, and being caught between two things, such as a moving truck and a platform.

The construction industry is the most dangerous industry in the U.S. in terms of workplace-related deaths. But many other industries can pose dangers to people working in them. Sudden accidents, explosions, unsafe conditions, and more can all cause fatalities.

Family members are likely to be devastated by any death. But it can be particularly painful to know what a loved one’s death was caused by a job.

But what should they do if a family member has been killed by an accident on the job?

Workers Compensation Pays a Death Benefit

In California, the families of workers killed on the job receive workers compensation death benefits, to cover spouses, children, and other dependents.

The amount is set by the California Department of Industrial Relations, which takes into account the number of dependents.

Wrongful Death

If a person’s work-related death was caused by unsafe conditions, it is possible for the family of the deceased to file a wrongful death suit.

To charge wrongful death, several things must be true. First, the parties charged must have had a duty of care to maintain a safe workplace. These parties can be a company or specific people. Second, they must have known or had reason to know that conditions were unsafe. Third, they must arguably not have followed safety standards or made sufficient moves to improve deficient safety standards in a reasonable period of time.

If all these things are true, then the responsible parties can be charged with negligence and a wrongful death suit can be filed.

If the death occurred at work but was a result of the deceased’s actions or failure to take proper safety precautions, a wrongful death suit is unlikely to be successful.

If You Need to Talk to a Workplace Fatal Accident Lawyer in Ventura County

Determining the cause of fatal accidents on the job can be complex. If a loved one has died at work, a workplace fatal accident lawyer in Ventura County can fight to protect you and your family.

workplace fatal accident lawyer in Ventura County can give you advice on wrongful death claims and other issues related to fatal injuries on the site. Call the Law Office of Jim T. Rademacher at (877) WCB-ATTY (1-877 922-2889) to discuss your case.

Source

“Bumble Bee Foods, Two Managers Charged in Death of Man Cooked With Tuna.” NBC News. https://www.nbcnews.com/news/us-news/bumble-bee-foods-2-managers-charged-death-man-cooked-tuna-n349641

State of California Department of Industrial Relations. Cal/OSHA. https://www.dir.ca.gov/DOSH/

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