OSHA proposed penalties of more than $214,000 after a Charm Builders Ltd roofing employee fell, got electrocuted, and was paralyzed on the job, according to The Intelligencer. OSHA’s investigation found that the injured worker had burn injuries after being electrocuted by an overhead electric line and fell to the ground from a height of 11 feet. The impact resulted in spinal injuries, leaving him paralyzed from the waist down. OSHA also found that the construction contractor failed to de-energize or insulate electricity lines, provide fall protection, and train workers appropriately.
According to Osha Area Director Prentice Cline, “The life-threatening injuries the worker suffered were preventable if the employer had followed various ideas and workplace safety practices.” Since employers are responsible for enhancing workplace health and safety, your boss can be liable for occupational injuries and wrongful death. Below are a few things you should know about workplace accidents and wrongful death claims.
Compensation For Workplace Accidents
After a workplace injury, you may consider filing a personal injury claim or workers’ compensation claim. Typically, workers’ compensation covers medical expenses and lost wages if you’re injured at work, but it doesn’t cover medical expenses due to negligence. On the other hand, personal injury claims focus on the carelessness of another party. For example, if you choose to sue your employer for a workplace accident, you need to prove their acts of negligence.
What To Do If A Loved One Dies On Duty
If a loved one dies following a workplace injury, you can file a workers’ compensation claim or sue the liable party for wrongful death. A worker’s compensation claim filed against an employer helps you cover your loved one’s funeral costs. However, you can’t sue for damages like emotional pain or loss of companionship.
When you make a wrongful death claim against your loved one’s boss, you’re likely to receive compensation for financial loss, future earnings, and emotional pain. But this claim can be complicated, especially when dividing wrongful death settlements among family members. Because of this, you’ll need to consult an attorney to get insights into who can file a wrongful death claim and how compensation funds are divided.
When To File A Claim
A lawsuit is the last thing you might think of when grieving the death of a loved one. However, it is crucial to file a wrongful death claim immediately after your loved one has died. That’s because the statutes of limitation for wrongful death claims require one to file a case with a set deadline. If the time limit expires, you cannot sue your loved one’s employer for negligence.
If a loved one dies in the course of duty, you may be eligible to receive compensation. You may obtain a settlement through workers’ compensation, or you may have to make a wrongful death claim. To ensure you get a fair settlement, ensure you understand workplace accident laws.