When a loved one dies while at work, it can be a devastating and traumatic event for their family. Unfortunately, workplace deaths are not uncommon.
According to the Occupational Safety and Health Administration (OSHA), 343 workers died per day in 2021 due to hazardous work environments, placing the job fatality rate at 3.6% for every 100,000 employees.
Industries with the highest fatality rates are agriculture, fishing, forestry, transportation and warehousing, mining and oil and gas extraction, construction, and wholesale trade.
This blog post will focus on workplace deaths in the OC and who is responsible for paying damages to the families of the victims.
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Employer Liability for Workplace Death in Orange County
When an employee dies in a workplace accident, the employer may be held liable. In California, employers are required to provide a safe working environment for their staff. This includes adhering to safety regulations and standards set by the OSHA. If an employer fails to meet these standards, they may be held responsible for the worker’s injury or death.
To establish liability in work-related mishap, first prove that the employer’s negligence or misconduct directly contributed to what happened.
This can involve demonstrating that the employer ignored safety protocols, failed to provide adequate training, or maintained unsafe working conditions. Evidence such as eyewitness accounts, safety records, and expert testimony can be instrumental in a compensation claim.
Damages for Wrongful Death in Orange County
Where will the settlement money come from in a wrongful death case involving a company or corporate entity?
Workers Compensation
In the event of a workplace death in Orange County, the first source of compensation typically comes from workers’ compensation insurance.
In the OC, as with the rest of California, all employers are required to carry workers’ compensation insurance to cover medical expenses, lost wages, and death benefits for employees who are injured or killed on the job.
Workers’ compensation benefits are generally awarded regardless of fault, meaning the family of the deceased employee can receive compensation even if he or she was partially responsible for the accident.
Workers’ compensation death benefits can include:
- Burial Expenses: Up to a certain limit to cover funeral and burial costs.
- Death Benefits: Financial support to the dependents of the deceased, which can be a spouse, children, or other dependents.
The monetary damages for wrongful death in Orange County varies based on the number of dependents and their relationship to the deceased worker. Death benefits are normally paid at the total temporary disability rate, but they are subject to minimum and maximum limits.
Personal Injury Lawsuits
While California workers compensation provides a no-fault system for recovering benefits, it may not always fully cover the losses experienced by the family.
In some cases, it may be possible to pursue additional compensation through a personal injury lawsuit. This is particularly relevant if the death resulted from the gross negligence or intentional misconduct of a third party, such as a contractor, equipment manufacturer, or another entity.
A personal injury lawsuit can seek damages beyond what workers’ compensation covers, including:
- Medical Care: Any medical expenses related to the death, such as hospital bills, medication costs, and funeral expenses.
- Lost Wages: If the deceased was the primary breadwinner for their family, a personal injury lawsuit can seek a payout for lost future earnings.
- Loss of Consortium: Refers to the loss of companionship and support that surviving family members may experience after the death of a loved one.
- Pain and Suffering: Compensation for the emotional distress and loss of companionship experienced by the family.
- Punitive Damages: In cases of egregious negligence or intentional harm, the court may award punitive damages to punish the responsible party and deter similar conduct in the future.
To pursue a personal injury lawsuit in a wrongful death claim, plaintiffs must prove that the third party’s actions directly caused the death and that these actions were due to negligence or intentional misconduct.
Workers’ Compensation vs. Personal Injury
One common question that arises is whether it is possible to receive both workers’ compensation and personal injury compensation. California law makes it generally possible to pursue both, but there are important distinctions and limitations to consider.
Workers’ Compensation
Orange County workers compensation provides benefits regardless of fault, but limits the types of damages that can be recovered when you file a claim. It primarily covers medical expenses, lost wages, and death benefits.
Personal Injury Lawsuit
Requires proving fault and negligence, but can offer a broader range of damages, including pain and suffering, emotional distress, and punitive damages.
In some cases, families may need to navigate the interplay between workers’ compensation and personal injury claims. For instance, if a third party’s negligence contributed to the death, California injury law says that the family might receive workers’ compensation benefits while also pursuing a personal injury lawsuit against the third party.
Steps to Take After a Workplace Death in Orange County
If a family member dies in a workplace accident, there are several important steps to take:
- Report the Incident: Ensure that the incident is reported to the employer and the appropriate regulatory authorities, such as OSHA.
- Collect Evidence: Gather any available evidence related to the accident, including photographs, witness statements, and safety records.
- Consult Legal Experts: Seek advice from experienced wrongful death lawyers who can guide you through the process of filing for workers’ compensation and pursuing any potential personal injury claims.
- File Claims Promptly: There are strict timelines for filing workers’ compensation claims and wrongful death lawsuits. Wrongful death deadlines in California, for example, are typically two years from the date of death.
Talk to an Experienced Orange County Wrongful Death Compensation Attorney. Call RTM Law Firm for a Free Consultation.
Losing a loved one in a workplace accident is tragic and life-altering. Understanding the legal options and sources of compensation available can help families navigate this difficult time.
Surviving families can file for damages for wrongful death in Orange County. By determining employer liability, exploring both workers’ compensation and personal injury avenues, and taking prompt action, those left behind will have the means to take a new step forward.
In the case of a workplace death in Orange County, know that the compassionate and knowledgeable wrongful death lawyers at RTM Law Firm are here to help.
Contact us today for a free case review.
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