Can a workplace be sued for a death on the job?
If a person is injured due to normal workplace activities, civil lawsuits cannot be brought against the company, because workman’s compensation pays for the injury. If a worker dies on the job, death benefits are paid out by workman’s compensation. If the death was related to carelessness or intentional misconduct, a civil suit may be brought for wrongful death in terms of monetary loss to a family.
How is fault proven?
Proving fault for wrongful death is complicated. In order to prove another person’s actions negligent or intentionally harmful, no unforeseeable intervening cause must be presented.
Cause is the most difficult claim to prove, as it includes actual cause, and proximate cause.
Actual cause
The death must be proven to be that of negligence, such as an airline taking off into bad weather in spite of warnings. Negligence would be failure to heed weather warnings.
Proximate cause
Would the injury and death have occurred without the defendant’s negligent act? In other words, would the victim have died without the airline’s decision to fly on into bad weather?
Damages
Money can never cover the loss of a person, but the law must come to a decision as to the amount in damages. Earning potential is often considered.
Damages for loss of a child are therefore especially difficult to compute, particularly if the child was very young. Elderly persons are viewed in a similar light.
These common legal viewpoints are considered controversial, because the damages are considered inequitable and soley based upon human capital potential.
At this time, comparatively small damages are awarded for the deaths of children or the elderly.
If you feel you have a wrongful death claim through loss of a parent, child, partner or spouse, please call Pacific Attorney Group for legal counsel in how to proceed.
A lawyer can assist you to fully understand your case and the court process to seek redress for your losses.
Consultation is entirely free.
