Workplace Accidents
Wrongful Death Lawsuits
The Occupational Safety and Health Administration (OSHA) was established in 1971 to help reduce workplace hazards and implement safety and health programs. While occupational fatalities have declined 62 percent since then, highway accidents, toxic exposures, electrocutions, defective equipment, construction accidents, fires/explosions and slip and fall are just some of the reasons an estimated 5,800 lives are lost each year in work-related accidents.*
Some people mistakenly believe that if an on-the-job fatality occurs, the only financial support the family can receive is the Workers' Compensation death benefit. While this is sometimes true, in many instances the heirs of the decedent (the person killed) can recover significantly more by agreeing on a settlement with or filing a wrongful death action against the employer and/or third parties. While no amount of money can ever make up for the loss of a loved one, with the help of a personal injury lawyer you can file suit against the persons or entities at fault.
Wrongful Death Damages
Death benefits under Workers' Compensation vary by state but are usually limited to medical and funeral expenses and a portion of the decedent's salary. Wrongful death claims provide for a much greater level of recovery and are an important part of obtaining the compensation necessary to ease the financial burdens placed on the family.
Wrongful death damages generally consist of immediate medical and burial costs, loss of anticipated future earnings, benefits, inheritances and/or other future income lost because of the decedent's untimely death. The survivors may also receive compensation for their emotional distress and loss of companionship. Some state statutes even award punitive damages to punish the defendant for his or her actions.
The Most Dangerous Occupations
While wrongful death lawsuits are filed for many reasons, certain types of accidents are particularly common. The Census of Fatal Occupational Industries is published annually by the United States Department of Labor, Bureau of Labor Statistics. Preliminary data just released for 2007 indicates there were 5,488 fatalities, including 2,234 transportation incidents, 839 assaults and violent acts, 916 contacts with objects or equipment, 835 falls, 488 exposures to harmful substances or environments and 151 fires and explosions.
The four industries with the highest fatality rates were:
- Agriculture, forestry, fishing, and hunting (27.3 per 100,000)
- Mining (24.8)
- Transportation and warehousing (15.9)
- Construction (10.3)
The four occupations with the highest fatality rates were:
- Fishers and related fishing workers (111.8 per 100,000 workers)
- Logging workers (86.4)
- Aircraft pilots and flight engineers (66.7)
- Structural iron and steel workers (45.5)
If someone you love was killed in a workplace accident, you may be able to reach a settlement or recover compensation in a personal injury and/or wrongful death lawsuit. Contact a wrongful death lawyer for more information.
When to File a Wrongful Death Suit
The following are examples of situations in which a wrongful death claim can be pursued instead of or in addition to seeking a workers' compensation death benefit:
Workers' Compensation is not in effect. If an employee is killed in a workplace accident and there is no death benefit available to the spouse and/or dependents, a wrongful death claim may be pursued by the family. Examples include:
- The employer does not carry Workers' Compensation
- The employer does not do what is required to be protected by Workers' Compensation laws (e.g., does not meet OSHA standards)
- The employee opts out of Workers' Compensation at the time of hire
The employer commits certain "actionable torts." If an employee is killed because the employer's actions were grossly negligent or even intended to cause harm (e.g., fraud), or if the acts were otherwise outside the scope of Workers' Compensation (e.g., negligent hiring), the employer may be sued for wrongful death.
A third party is negligent. If an employee's death is caused in whole or in part by a third party, the third party can be sued for wrongful death. Examples include:
- Product liability claim against the manufacturer of a defective machine that caused an accident
- Premises liability claim against a site owner who failed to provide a safe work environment
- Negligence claim against an intoxicated driver who caused a car accident
Importantly, while each state has different wrongful death statutes, damages are usually available for close relatives, including non-dependent relatives (e.g., parents) who have no claim to Workers' Compensation death benefits. If you have lost a loved one because of a workplace accident or injury, contact a wrongful death lawyer to learn more about the many options that may be available to you and your family. 
* Centers For Disease Control
[Last revision: June 18, 2010]
Employers are legally required to adhere to the standards set by OSHA, provide a safe work environment and act reasonably to protect their employees. If the employer complies, the workers are safer and the employers reduce their risk of liability in tort law.
Between 2003 and 2005 (latest statistics available) ironworkers and electrical power installers had the highest rates of work-related deaths at 68.9 and 57.3, respectively, per 100,000 workers.
Source: National Institute for Occupational Safety and Health