Accidents at the workplace are, instead, a ubiquitous feature in most occupations. Several companies have desk and non-desk jobs that entail the following risks: operating heavy machinery, using risky chemicals, construction, and long hours’ stress, among others.
Wisconsin is no exception when it comes to wrongful death arising from injuries sustained at the workplace. However, sometimes, such calamities claim the life of the worker.
When this occurs, the bereaved of the deceased may legally be entitled to ask for a wrongful death claim against the negligent parties. In order to protect the rights of individuals, there are many laws that are made to ensure that the victim gets the compensation they deserve.
You can get in touch with a Wisconsin personal injury lawyer to learn about your rights. As a close relative of a deceased person, you have the right to sue the person responsible and seek compensation as well.
Table of Contents
The Purpose of Wrongful Death in the Workplace
Workplace wrongful death is when a worker loses their life in the course of duty as a consequence of safety risks, omission, or negligence by employers. In such circumstances, the relatives of the victim are allowed to regain their losses through an assault case.
In a wrongful death lawsuit, the family can sue an employer, contractor, manufacturer, and any other third parties for failing to protect the worker from harm in case the death arose out of a suspicious act. Such cases are brought under civil law.
Aspects and Facts Regarding Deaths Involved In Work-Related Incidents
1. Construction Sites:
In any construction site, there are always dangers present, such as falling from a height, electrocution, and being hit by moving objects and machines.
2. Use of Heavy Machinery:
The risk of accidents with rotating or moving heavy machines is enormous when the equipment is not serviced or repaired correctly and when the operators of the equipment do not follow the correct operational procedures.
The employees of manufacturing units, plants, and other industrial centres are prone to attacks, where they get squashed, entangled in moving objects, and wounded by defective machines.
3. Workplace Exposure:
Workers may be exposed to environmental poisons and chemicals that aggravate within a short period. Such situations may not cause instant death, but rather prolonged contact with dangerous materials may cause chronic diseases, including cancer and diseases of the lungs.
4. Road Traffic Accident:
Any jobs that involve driving, such as looking for truck drivers, delivery people, or even personnel on job sites, tend to subject such individuals to the risk of a fatal road accident.
5. Failure to Implement Safety Measures:
Safety equipment and appropriate instruction should be supplied by the employer to their employees. In sectors where safety measures are disregarded, the chance of accidents elevates, therefore leading to either injuries or death.
Understanding How to Get Compensation for Wrongful Death
A case of wrongful death is one in which someone has to prove that a particular person was careless, and this act of negligence resulted in the death of the worker. This collection will usually consist of witness testimonies, safety records, medical documentation, and expert opinions.
A lawyer who specializes in cases like these will dig in to find out who is to blame in a situation and how they caused the unfortunate injury resulting in death.In cases of wrongful death, the damage awarded usually comes in two forms: economic and non-economic.
Types of economic damages include lost future earnings, funds expended for medical care, costs related to burial, and other expenses, while the family members’ non-economic damages involve loss of society caused by the death, pain, and anguish caused to the family, etc.
Want to claim compensation? Contact a lawyer!
The effect of workplace fatalities on the families that stay behind is unfathomable. For instance, if a worker dies as a result of unsafe working conditions or in the event of the employer’s negligence, the law allows for a wrongful death suit to ensure justice is served.
