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Examples of When You Might Have a Wrongful Death Claim for a Workplace Incident

Wrongful Death Lawyer

While some jobs pose bigger health and safety risks than others, injuries on the job can happen anywhere. Occasionally, workplace deaths can occur. Some deaths may be due to the employee’s fault or because of accidents not the fault of anyone, others can be the responsibility of the employer. If your loved one dies tragically at work because of his or her employer’s negligence, you should speak to a lawyer about filing a wrongful death lawsuit. Whether you have a claim depends on certain critical factors. There are instances when the employer would be liable.

The Employee Didn’t Have Proper Training

Every employee should have the essential skills for a given task. When an employee needs additional direction for a job, the employer should provide the right instruction. This is true when it comes to hazardous situations or when using equipment that poses a health and safety risk. It’s one thing for the person to ignore safety directions or not have the competence to understand such guidance, but if the employer fails to sufficiently teach the employee, the employer could be liable for any resulting harm that comes. If death results because the employer did not properly train your family member, talk to a lawyer about filing a wrongful death suit.

The Employer Didn’t Provide the Right Equipment

Certain jobs require safety tools, equipment and protection to stay out of harm’s way. People who work with heavy machinery or around chemicals and electricity need certain items to stay safe. If someone is injured or dies but fails to wear or use this equipment, the employer shouldn’t be responsible. However, if the equipment is out of date, doesn’t meet safety standards or is defective, you could hold the employer responsible. The same is true if the employer does not give your loved ones the necessary tools in a dangerous setting.

The Employer Deliberately Put the Employee in Harm’s Way

The most egregious example of a workplace setting could be if the employer purposefully places an employee in a dangerous setting knowing that harm or death would likely come. An example could be if the employer failed to test equipment the person would work on or if the employer deliberately arranged the environment so that there would be more risk.

If your family member’s employer is responsible for his or her death, consult a wrongful death lawyer, like from Kamper Estrada, PLLC, today. You can get the peace of mind and help you need following this difficult time.