How to prove a workplace fatality was wrongful death
Death is devastating, regardless of the cause. When it happens to a loved one while they are on the job, loved ones are left with questions. If the person was the breadwinner for the family, the catastrophic consequences become worsened.
Wrongful death suits come from cases of negligence or intentional actions on a worksite. Estates or family members have the right to file suit against the responsible party. If in Texas, contact an Austin wrongful death attorney to understand your rights to compensation.
Wrongful Death Statistics
According to The National Safety Council, over five thousand deaths occurred on the job. It can happen on any worksite, but the dangers go up depending on the industry. However, many wrongful deaths are avoidable.
Drivers, sales workers, and truck drivers see the highest number of workplace fatalities. Not far behind them are farmers and ground maintenance workers. The thing these occupations have in common is the use of transportation and heavy equipment. They make up over half of all deaths.
Proper equipment and training can reduce these numbers, but both are often overlooked for various reasons such as cost and time management.
Understanding Workplace Related Wrongful Death
It is important to understand what wrongful death means. It not only eliminates confusion, but it allows family members to follow procedures in order to document everything.
Breach of duty does not mean that a worker failed to follow safety measures. But, it is the responsibility of an estate or family to prove that an employer was responsible, that the duty existed, and how a breach in that duty resulted in negligence.
Negligence is the “failure to take proper care in doing something”. It includes failure to act to keep a worksite safe and to properly train personnel. Negligence also applies to situations where someone’s recklessness or carelessness leads to the injury or death of a loved one. It is important to notate unsafe conditions and when training in the protocol is lacking.
The cause of wrongful death is not always cut and dry. It is up to the plaintiff to prove how a workplace accident happened. First, causation is easier to prove with documentation. Secondly, witnesses or other worker statements go a long way toward seeking compensation. And, everything that happens after an accident needs documentation.
The death of a loved one is not measurable, but after a wrongful death in the workplace, it is necessary. Economic and emotional are the two types of measurement. Economic loss includes medical expenses, loss of income, and the potential future earnings of the deceased. The emotional portion includes before and after the death of the loved one.
Safety Tips to Avoid Workplace Injury
Accidents in the transportation sector account for two in five deaths while at work. An employee has to follow their work orders, but they can do so as safely as possible. Obeying all laws of the road and staying up to date on traffic volumes goes a long way to avoiding a catastrophic accident.
Construction sites are dangerous for a variety of reasons. It is not always possible to avoid accidents, but when employees get the proper training and certifications, the chances decrease. It is also the employer’s responsibility to create and maintain and a safe worksite for workers and pedestrians.
The fact is, wrongful deaths can happen at work regardless of the industry. Slips and falls, for instance, can happen to anyone and can turn out to be fatal. Many workplace accidents are avoidable, though. Employer negligence leads as the reason for wrongful deaths while at work.
Remember, recklessness and carelessness on the part of an employer mean they are liable for injuries and deaths that happen under their watch.
Whether an accident leads to injury or death, a worker or their family has the right to seek compensation. Contacting an Austin wrongful death attorney is the best plan of action. The sooner you find a team of advocates to help guide you through this difficult time, the better.
It is important to keep every piece of paperwork and any reports made so there is no question as to who was at fault for a workplace accident. With the right attorney on your side, you can reduce the stress and have someone on your side that knows local, state, and federal laws when it comes to wrongful death suits.
It is never easy to lose someone you love. But, when it is because of another person’s failure to keep a safe workplace, it hits all that much harder because it could have been avoidable. Do not let someone get away with keeping an unsafe workplace and putting lives at risk. It is your right to seek compensation and force those people to face justice.