Wrongful Death Lawsuits After Workplace-Related Vehicle Accidents
Incidents involving vehicles in the workplace, particularly larger commercial trucks, tend to create a gray area in terms of being covered either under workers’ compensation or personal injury. However, if these types of incidents lead to fatal injuries, it is possible for the surviving dependents to file a claim against the responsible parties under wrongful death statutes. Recent media reports on workers who were fatally injured by commercial trucks support this point.
What happened?
In a case reported by People magazine, the family of a worker killed when he was hit by a dump truck sued the company he worked for. The worker was on the job when he was killed prompting the family to file a wrongful death lawsuit. They claim that the company failed to ensure proper safety measures and did not offer adequate training or supervision. Thus, there existed unsuitable working conditions for the employee that resulted in his tragic end.
The legal issues
There are several conflicting legal issues at a play in a case like this:
- Wrongful death vs. workers’ compensation – While workers’ compensation will generally cover the case regardless of fault, it may preclude filing a lawsuit against the employer. Exceptions may be made in the case of gross negligence or third-party liability.
- Negligence of the employer – Failure of the employer to enforce safety guidelines, lack of proper training, and inadequate maintenance of equipment could contribute to the employer’s liability in a wrongful death case.
- Third-party liability – Contractors or other companies operating the machinery or equipment may face a wrongful death lawsuit if their actions led to the accident.
- Safety regulation violation – Proof of any violations of safety guidelines is important for demonstrating negligence and filing a wrongful death case.
Georgia and Florida both permit wrongful death lawsuits that recover the full value of the decedent’s life.
The litigation process
Cases like these are often complicated and require thorough investigation. Important pieces of evidence could include:
- Safety records and training records from the workplace
- Reports from OSHA inspections
- Videos or witnesses
- Vehicle operation records
- Analysis of safety regulations at the workplace
Employers and their insurance companies tend to try to shield themselves from liability by arguing that this is just an ordinary work-related accident that falls under workers’ compensation laws only. But personal injury lawyers who have experience with such cases will know if other claims are possible.
Key takeaways
Workplace fatalities involving vehicle accidents are not limited to workers’ compensation claims only. In cases where there was negligence on the part of either the employer or a third party involved, the family might be eligible to file a wrongful death lawsuit.
It is extremely important for families to understand the differences between workers’ compensation and personal injury claims. With the right legal help, families can seek justice for their loss.
Talk to a Jacksonville, FL, Truck Accident Lawyer Today
Gillette Law represents the interests of grieving families and injured parties who have been affected by a serious truck accident. Call our Jacksonville personal injury lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
Source:
people.com/family-of-man-killed-by-dump-truck-is-suing-company-he-worked-for-when-he-died-11714234
