Employer Negligence and Wrongful Death Claims
Last month, a Rochester man was killed at work. He was operating a forklift and unloading bundles of fencing material from a flatbed trailer on a Saturday morning. As he worked on one side of the truck, a bundle fell from the opposite side. He was seriously injured and died of work-related injuries. The man left a large family.
In the aftermath of an accident at work, the man’s family members may file a wrongful death lawsuit. According to Occupational Safety and Health Administration, work accidents in which the employee is struck by an object or caught in, under, or between an object are a frequent cause of death in the workplace.
Families of deceased workers may file either a wrongful death action, survivor action, or both. The two types of legal claims differ primarily in the type of damages available. In a wrongful death action, the deceased worker’s family argues that 1) the worker was killed because of the employer-defendant’s negligence 2) he had close family members, 3) these family members suffered financial losses resulting from his death, and 4) the employer-defendant should compensate members of the family for these losses. In a wrongful death claim, family members don’t sue for the actual harm that was caused to the deceased individual. Instead, surviving members sue the employer-defendant for the results of the loss of the loved one, including:
• Loss of financial support
• Loss of the former quality of life
• Loss of emotional support and love
In comparison, if the family files a survivor claim, the deceased worker’s family may argue that 1) the worker died as a result of the employer-defendant’s negligence, 2) the defendant’s negligence resulted in both pain and suffering to the now deceased worker before his death, 3) if the employee survived the injuries, he would have had the right to file a legal claim to recover financial compensation for resulting pain and suffering, 4) the defendant should pay for the deceased worker’s pain and suffering (not escape liability for it because the worker died), and 5) the defendant should pay financial damages to the deceased individual’s estate.
A survivor claim is an available option to the family after a loved one dies. The rationale behind this type of lawsuit is that the individual’s right to sue the defendant shouldn’t die with him and that the individual’s right to file a lawsuit survives his death.
As you can see, the decision about how and when to file a wrongful death lawsuit is complex. An experienced personal injury law firm can make the difference. Contact LaDuca Law Firm to discuss your right to file a lawsuit.
