Wrongful Death Lawsuit After a Construction Accident
I’m Ed Smith, a wrongful death lawyer in Sacramento. When a loved one dies at work, the family is able to collect death benefits through the business’s workers’ compensation insurance. However, if an accidental death is due to negligence, the family may be able to file a wrongful death lawsuit. While filing a wrongful death claim may be the right recourse for a family deprived of their loved ones support and presence, it does not affect the grief they experience. It is aimed at relieving the family’s economic worry. Let’s look at the benefits a wrongful death lawsuit may have over workers’ compensation.
Death Benefits in a Workers’ Comp Claim
California places a limit on the amount that can be recovered from workers’ compensation death benefits. It has an overall maximum value of $320,000 paid in weekly increments. The actual amount is based on what the worker was making at the time of his or her death. It is calculated at the workers’ compensation rate, which differs from one employee to another. There is no need to prove negligence to obtain workers’ comp benefits, but other things such as loss of consortium and pain and suffering the family experiences are not available.
Recoverable Damages in a Wrongful Death Claim
In a wrongful death claim, it must be proven that a loved one who died did so because of negligent actions that could have been prevented. Pain and suffering, as well as loss of consortium, are recoverable. There is no cap to the amount that can be recovered, and settlements are paid in a lump sum. The amount is composed of not just lost wages at the time of the workers’ demise, but also future income the person would have earned had he or she lived. It is calculated by experts using the age of the deceased, his or her educational or skill level and the probability of future income levels.
Watch YouTube Video ~ What is a Wrongful Death Claim? Learn what family members of the deceased can present a claim for wrongful death. Learn about the various types of damages that a family member may be compensated for.
Examples of Accidents That Can Result in a Wrongful Death Due to Negligence
- Slips, Trips and Falls: These types of accidents are common in manufacturing and construction and cause the highest number of fatalities. Although Occupational Safety and Health Administration regulations must be followed to prevent accidents, the necessary safeguards are sometimes lacking. Appropriate safety gear, poor training, fall hazards, worksite debris and other dangers can lead to an accident. In addition, the safety gear may be defective. In that case, a third party such as the manufacturer of the gear would be held responsible.
- Dropped Objects: Another common source of injuries or fatalities is when an object is improperly secured and falls from a building height resulting in serious injuries or death. An example would be a wrench weighing eight pounds that is dropped from a height of 200 feet. The wrench would strike a human below pretty much like a small car dropping on top of them. If a worker was hit by the falling wrench, this could be seen as negligence on the part of another employee.
- Pinch Points: When two objects come together and a human is in the middle, it can result in a pinch point accident. Moving equipment backing against immovable objects such as walls, conveyors and other items used in construction or manufacturing are common hazards. For instance, one worker is using a backhoe, and another is working with their back to a structure. If the backhoe slams into the structure and hits the other worker, killing him, this would be negligence on the part of the backhoe operator.
- Electrical Hazards: Electrical hazards can include improper grounding, inadequate wiring, electrical parts that are exposed, damaged tools and others. Besides the danger of electrocution, it can result in severe burn injuries. This could involve a subcontractor that installs the wiring making a careless mistake and leading to an injury.
Related Article by Ed Smith, a Wrongful Death Lawyer in Sacramento
Sacramento Wrongful Death Attorney
I’m Ed Smith, a wrongful death lawyer in Sacramento. Losing a loved one is tragic, but it is made worse when losing a family member was preventable. If you or a member of your family is grieving the loss of a loved one because of a wrongful death, I can offer you free and friendly advice. Phone me at (916) 921-6400 within the Sacramento area code or (800) 404-5400 when calling from elsewhere in Northern California.
Since 1982, I’ve worked hard to obtain fair compensation for those injured through negligence, including all types of car accidents and traumatic brain injuries.
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