Family Files Wrongful Death Against Milford Block & Supply
The family of a man who was killed at a New Milford factory has filed a wrongful death lawsuit against Milford Block & Supply. Twenty-nine-year-old Daniel Kendrick became entangled in a conveyor belt system on site. He’d worked for the company for less than a year. The family alleges that carelessness and negligence resulted in their loved one’s death. Kendrick was a native of Florida.
According to the complaint, Kendrick felt onto a conveyor belt where he suffered blunt force and compression injuries to his head and torso. The plaintiffs are alleging that Milford Block & Supply had a duty of care to maintain their worksite in a reasonably safe condition and neglected to do so. The family is accusing the company of creating dangerous workplace conditions and failing to have adequate safeguards (such as emergency stop buttons, stair protection, and side rails.
OSHA also had something to say about the accident. They cited 21 “serious” violations, 1 “repeat” violations, and three other violations. These included violations related to ladders, industrial trucks, fall protection systems, hazardous energy controls, and more. These resulted in nearly $150,000 in fines for the company.
This will help the family of Daniel Kendrick prove their claim that the workplace was unreasonably dangerous to its employees.
Analyzing Florida Law and Work-Related Deaths
In Florida, a lawsuit against an employer is barred by statute if they carry workers’ compensation insurance. However, third parties can be sued and independent contractors can also sue. The difference is that they must prove negligence in the lawsuit in order to collect damages. In Florida, the workers’ compensation system is no-fault. In other words, even if an employee is responsible for their own injuries or death, their family is still entitled to recover damages from the company’s workers’ compensation policy. The trade-off is that there is a policy limit of $150,000, meaning that the family will never be able to recover more than $150,000.
Since this accident occurred in New York, the family has slightly more options. This lawsuit was brought by two sisters of the deceased which would also be barred in Florida. The only individuals who can file a wrongful death lawsuit are spouses, children, and parents.
In filing this sort of lawsuit against a company, the plaintiff is forced into the position of proving negligence. This means that the plaintiff needs to show that the employer either did something wrong or failed to do something right. In this case, OSHA has cited the company for numerous workplace safety violations which will help the plaintiff’s case.
Talk to a Jacksonville Wrongful Death Attorney Today
If your loved one has been killed on the job, Florida law may prevent you from filing a lawsuit against their employer. However, if a defective piece of equipment is responsible for the accident or they were independent contractors, you can file a wrongful death lawsuit against the company. Talk to the Jacksonville personal injury attorneys at Gillette Law today for more information on whether or not you can sue.