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Workplace Accidents and Wrongful Death Claims

August 3, 2023

When people die on the job due to workplace accidents, their families may seek compensation. This can be obtained through workers' compensation insurance or by filing a wrongful death claim. This post will provide a detailed explanation of how to pursue compensation in such cases.

Common Causes of Wrongful Death at the Workplace

Wrongful death at the workplace can occur due to the absence or malfunction of safety equipment. Insufficient or faulty protective gear—such as helmets, harnesses, or gloves—can leave workers vulnerable to life-threatening situations.

Failure to maintain a safe working environment, promptly address potential hazards, or implement necessary safety measures can have dire consequences. Inadequate supervision and lack of proper risk assessment also play a role.

Defective machinery, electrical hazards, or malfunctioning tools can also pose significant safety risks to workers. Such failures can result from poor maintenance practices, substandard equipment quality, or inadequate inspections.

Steps to Take After a Wrongful Death at the Workplace

The first step is to consult with a qualified attorney specializing in wrongful death cases. The attorney will guide you through the legal process and inform you about the relevant state laws.

Maintain a comprehensive file of all relevant documents associated with the deceased's death. These documents include medical records, hospital bills, test results related to the fatal injury, end-of-life service expenses, employment records, and insurance policies.

Furthermore, acquiring a copy of the death certificate is vital for pursuing a wrongful death claim. You can obtain this document by contacting the county coroner's office or consulting your attorney or the funeral director involved in handling the deceased's services.

Damages in Wrongful Death Cases

The damages in wrongful death cases are non-economic, financial, and punitive damages.

Non-economic damages in a wrongful death case encompass subjective losses that are challenging to quantify monetarily. They may include the pain and suffering experienced by the deceased from the accident or wrongdoing until their death. Some states also compensate for the loss of emotional support felt by immediate family members due to the absence of the deceased's love, companionship, and support.

Financial or economic damages are easier to assess in terms of monetary value. They typically involve medical expenses resulting from the injury or illness that led to the death, lost financial support that the deceased would have provided to family members, and funeral and burial expenses. These damages often require input from financial or economic experts to determine their accurate value.

Punitive damages may be awarded in a wrongful death case if the defendant acted recklessly or intentionally in connection with the death. Punitive damages are meant to punish the wrongdoer and are awarded to the plaintiff, the person filing the lawsuit.

Negligence and Liability

Negligence in the context of wrongful death at the workplace refers to the failure of an individual or entity to exercise reasonable care and caution, resulting in the death of an employee. It involves a lack of proper attention, care, or action that a responsible person or organization should have taken to prevent harm.

When negligence is present, it means that someone directly contributed to the death by acting in a way that deviates from the standard of care expected in a particular situation. This could include a failure to provide a safe working environment, inadequate training, insufficient supervision, or disregarding safety protocols.

By not employing proactive measures to prevent harm or by engaging in careless actions, the responsible party may be held liable for the wrongful death. Negligence shifts the responsibility onto the individual or organization that should have acted responsibly and reasonably to protect the well-being and safety of the employee.

You might qualify for workers' comp benefits if your loved one dies at work. At Spooner & Perkins, P.C., we provide free consultations to discuss your rights and choices. Our work injury lawyer services are available in Kansas and Missouri. Contact us now for more information.

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If you've been injured on the job, you may be entitled to workers' compensation benefits. These benefits are designed to cover medical expenses and lost wages while you recover from your injury. However, navigating the workers' comp claim process can be confusing and overwhelming. That's why it's important to know when to call a lawyer for your workers' comp claim. In this blog post, we'll discuss the situations where it may be necessary to seek legal representation for your workers' comp claim. By understanding these scenarios, you can ensure that you receive the full benefits you're entitled to under the law. Denial of Your Claim One of the main reasons to call a lawyer for your workers' comp claim is if your claim has been denied. Unfortunately, insurance companies often deny valid claims to save money. If this happens, it's important to have an experienced workers' compensation lawyer on your side who can fight for your rights. They can review the details of your case and gather evidence to support your claim, making it difficult for the insurance company to deny you the benefits you deserve. Appealing a Decision If your initial claim is denied or if you feel that you're not receiving the full amount of benefits you're entitled to, you may need to appeal the decision. This process can be complex and time-consuming, but having a lawyer on your side can make it easier. They can handle all the legal aspects of your appeal and ensure that you have the best chance of getting the benefits you deserve. Pre-Existing Conditions If you have a pre-existing condition that has been aggravated by a work-related injury, it may be necessary to call a lawyer for your workers' comp claim. Insurance companies often use pre-existing conditions as an excuse to deny or limit benefits. However, with the help of a lawyer, you can prove that your current injury is directly related to your job and receive the full benefits you're entitled to. Disputes over Medical Treatment or Benefits In some cases, you may be involved in a dispute with your employer or the insurance company over the type of medical treatment you're receiving or the amount of benefits you're entitled to. This can be a frustrating and stressful experience, but with a lawyer by your side, you can have someone who knows the law on your side. They can fight for your rights and ensure that you receive proper medical care and fair compensation. Permanent Disability If your workplace injury has resulted in permanent disability, it's important to call a lawyer for your workers' comp claim. Permanent disability benefits are often complex and difficult to calculate, especially if there are future medical expenses involved. A lawyer can help determine the full extent of your disability and ensure that you receive the appropriate benefits to cover your needs. Employer Retaliation Unfortunately, some employers may retaliate against employees who file workers' comp claims. This can come in the form of demotions, pay cuts, or even termination. If you feel like your employer is treating you unfairly because of your claim, it's important to call a lawyer. They can protect your rights and help you take legal action against any form of retaliation. Navigating a workers' comp claim can be overwhelming, especially if it involves legal disputes and complex calculations. That's why it's important to know when it's time to call a lawyer for your workers' comp claim. If you find yourself in any of the situations mentioned above, it's best to seek legal representation from a qualified workers' compensation lawyer. So, don’t hesitate to seek assistance if you feel overwhelmed or encounter any issues during your workers’ comp claim process. For more info, contact us at Spooner & Perkins, P.C.