According to the Bureau of Labor Statistics, more than 4,500 Americans die in work related accidents every year – one-fifth due to workplace violence, one-third in highway and transportation accidents, and one-sixth in falls, equipment, or machinery failures. Fortunately, workplace fatality rates have decreased over the years due to strict laws and regulation in place for workers’ safety. But the truth is that there are still employers who cut back on the safety measures for their workers for which they should be held responsible.
A report from the Occupational Safety and Health Administration (OSHA) showed that about four million workplace injuries occur every year that are serious enough to require medical treatment. However, only 1 percent of those workers sustain serious injuries for which they have to take time off from work to recuperate. It has been found that there are five major causes of workplace injuries that can develop further and lead to death, including:
- Slip and falls
- Overexertion from holding, pulling, pushing, lifting, and carrying
- Struck by a falling, flying, or moving object
- Use of faulty equipment
- Occupational diseases
When workplace injuries are severe or occupational illnesses are not treated in a timely manner, they aggravate over time and can lead to a worker’s death. Employers and their insurance providers need to process workers’ compensation claims efficiently so that workers are able to seek proper medical attention before their injuries or illness becomes a cause of their death.
Filing a Wrongful Death Lawsuit against the Employer
When a loved one dies because of the negligence of another party, the surviving family can file a wrongful death lawsuit as a legal recourse for their loss. While doing so may not bring back your loved one, taking a legal action against the company or employer may get you justice and prevent other workers from sustaining life-threatening injuries. Moreover, it may provide the grieving family with financial support, depending on the specific circumstances of the case.
When you file a wrongful death lawsuit for death from a workplace accident, you are required to establish the following:
- The negligence of the employer caused the death of the worker
- The deceased had close family members and they suffered losses, such as love and emotional support, quality of life, and financial support due to the worker’s death.
- The responsible party is liable to provide compensation to the family members of the deceased for their losses.
A wrongful death lawsuit provides compensation to the surviving family for a number of things, including:
- Medical expenses
- Loss of benefits from employment
- Lost wages and income
- Funeral expenses
- Pain and suffering
- Lost expected inheritance
- Punitive damages
Losing a loved one can be heart-wrenching, but when it is due to someone else’s carelessness, it is completely devastating for everyone close to the deceased. It is essential to file a wrongful death lawsuit against the responsible party with the help of an experienced wrongful death attorney. Contact Fisk & Monteleone Ltd. today at 815-209-9030 to schedule a free case consultation with one of our experienced attorneys.