Who Is Liable for a Wrongful Death in the Workplace?
Published in Personal Injury on October 24, 2023
Reading Time: 2 minutes
There are certain jobs where accidents are unfortunately more likely than others. Logging, construction, and law enforcement workers are just a few examples where accidents can occur and result in wrongful death. In these environments, the employer has the duty to provide adequate training, tools, and resources to keep everyone reasonably safe and at minimal risk of harm.
If your family member was in a workplace accident resulting in wrongful death, you may not understand who is responsible. This can depend on the employer and whether or not they were breaching their expected standard of care. In cases like this, it is best to speak to a knowledgeable and compassionate wrongful death attorney as soon as possible. The team at Sweeney Merrigan Personal Injury Lawyers is here to help guide your family through the necessary steps to identify a liable party and hold them accountable. To schedule a free consultation today, please use our contact form or call 617-391-9001.
Potential Liable Parties for a Wrongful Death in the Workplace
There are often two potentially liable parties when it comes to a wrongful death occurring in the workplace:
Employer
When an employer’s negligence results in a worker’s wrongful death, they can be found liable for their breach of care. In high-risk workplaces, the employer must ensure all staff is given proper training, working equipment, and safe working conditions. Failure to do so can be deemed negligent and result in a wrongful death claim.
When the employer is liable, the victim’s family is entitled to file a claim for damages. This can include compensation for the victim’s medical bills, funeral expenses, and the loss of the deceased’s income.
Third Party
When the wrongful death is due to the recklessness of another reckless party, the family is still eligible to file for the death benefits of worker’s compensation. These benefits were specifically designed to provide financial assistance to the families and dependents of employees who died on the job. This fund was created as a way for organizations to plan their budgets accordingly for any potential incidents to take care of workers and their families.
How a Lawyer Can Help
While your family concentrates on healing from your loss, a dedicated attorney from Sweeney Merrigan Personal Injury Lawyers can begin establishing a liable party through an immediate investigation into the wrongful death. This includes the collection and analysis of any potentially relevant evidence. From here, your wrongful death attorney can help devise the best course of action for your unique situation and help file the appropriate claim with the correct party.
Your attorney is prepared to handle all negotiations with the insurance company and fight for an adequate settlement. We are even prepared to take your case to court if need be.
Schedule Your Free Consultation With a Knowledgeable Attorney Today
Don’t wait to seek the justice your family member deserves. The dedicated team at Sweeney Merrigan Personal Injury Lawyers is here to support you every step of the way. With over a century of combined experience and documented successes, we have the knowledge to ensure your legal rights are upheld and the responsible party is held accountable. Co-founding partner J. Tucker Merrigan has been recognized by outlets such as Super Lawyers and is ready to devote his expertise to your case.
To take the first step towards justice, schedule a free consultation with one of our compassionate wrongful death lawyers today. Reach out to us at 617-391-9001 or simply fill out our contact form. Your family deserves closure, and we’re here to help you achieve it.
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