When a loved one dies while on the job, surviving families have the right in California to file a wrongful death claim. This type of lawsuit is designed to provide financial compensation for the family members left behind due to the negligence or intentional harm caused by another person, company, or entity.
This blog post will specifically focus on filing a wrongful death claim for a slip and fall at work in Los Angeles, providing a better understanding of this legal process and what families should know if they find themselves in this unfortunate situation.
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What is Considered a Slip and Fall Accident at Work?
A slip and fall or trip and fall refers to an incident where someone is injured or killed due to slipping, tripping, or falling while performing job-related duties. This can happen in any type of workplace setting, from office buildings to construction sites.
Some common causes of slip and fall accidents at work include:
- Wet or slippery floors
- Uneven walkways or flooring
- Loose or damaged carpeting
- Cluttered working areas
- Poor lighting conditions
These incidents can result in serious injuries or even death, especially for older workers or those with pre-existing medical conditions.
Injuries from Slips, Trips, and Falls at Work
According to the Occupational Safety and Health Administration (OSHA), slips, trips, and falls account for 15% of all accidental deaths in the workplace, making it the second leading cause of fatal occupational injuries.
Catastrophic injuries from slip and fall accidents can include:
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Fractures and broken bones
- Severe lacerations
- Internal bleeding and organ damage
Such can lead to significant medical expenses, loss of income, and emotional distress for the victim’s family. The value of injury claims and final settlements typically depend on the severity of these elements. The more catastrophic the consequences are, the higher the payout will be.
What Constitutes a Wrongful Death Claim in Los Angeles?
A wrongful death claim arises when an individual dies due to the negligence or misconduct of another party. In the context of workplace incidents, this can include slip and fall accidents caused by unsafe conditions. For a personal injury claim to be successful, the following conditions typically need to be met:
- Duty of Care: The employer has a responsibility to ensure a safe working environment.
- Breach of Duty: The employer failed to maintain a safe workplace, leading to hazardous conditions.
- Causation: The breach directly resulted in the slip and fall accident that led to the fatality.
- Damages: The death led to quantifiable damages, such as loss of income, medical expenses, and emotional suffering.
Who Can File a Wrongful Death Claim for a Slip and Fall Accident at Work?
Under California law, eligible family members can file a wrongful death lawsuit or claim on behalf of their deceased loved one, such as:
- Spouses
- Domestic partners
- Children (including adopted children)
- Stepchildren
- Parents
- Siblings
In addition, if the deceased had any financial dependents, they may also be entitled to compensation.
Damages in a wrongful death case can cover a variety of losses, including:
- Funeral and burial expenses
- Loss of future income and benefits
- Medical expenses related to the fatal incident
- Loss of companionship and support
Steps to Take After a Workplace Slip and Fall Accident that Leads to Death
Surviving families must take the following steps immediately after a loved one’s death:
- Notify Authorities: Inform the appropriate authorities of the workplace slip and fall accident. This can include contacting law enforcement, OSHA, and/or your state’s department of labor.
- Gather Evidence: If possible, gather evidence from the scene of the accident, such as photographs or witness statements. This can be helpful in proving negligence on behalf of the employer or property owner.
- Contact a Skilled Injury Lawyer: Seek legal counsel from an experienced personal injury attorney who specializes in workplace accidents. A lawyer can help make things easy for you, while you cope with loss.
- File a Claim: The next step is to file a wrongful death claim for a slip and fall with the workers’ compensation board or through a lawsuit, depending on the circumstances of the accident. This will allow you to seek financial compensation for medical expenses, lost wages, and other damages.
Statute of Limitations for Wrongful Death Cases in LA
In California, the statute of limitations for filing a wrongful death claim is generally two years from the date of the deceased’s passing.
This time frame is critical; failing to file a claim within this period may result in losing the right to seek compensation. Act promptly and consult with a qualified wrongful death attorney to ensure deadlines are met.
Why Legal Representation Is Crucial
An experienced Los Angeles slip and fall lawyer plays a major role in handling the complexities of a slip and fall accident at work. Here’s why having legal representation is beneficial:
- Expert Guidance: An attorney can clarify legal jargon, outline your options, and help you make informed decisions.
- Investigation and Evidence Gathering: Legal professionals have the resources and knowledge to conduct thorough investigations and gather critical evidence.
- Negotiation Skills: Experienced lawyers negotiate effectively with insurance companies and opposing parties to secure fair compensation.
- Emotional Support: A compassionate attorney understands the emotional toll of losing a loved one and provides empathetic support throughout the process.
When seeking legal support in a wrongful death claim for a slip and fall, prioritize finding an attorney in Los Angeles experienced in wrongful death claims and well-versed in California regulations. Testimonials from previous clients can offer insights into the effectiveness and reliability of potential legal teams.
Loved One Died in a Slip and Fall Accident at Work? Call Our Los Angeles Wrongful Death Attorney for a Free Consultation.
If you or someone you know has been affected by a slip and fall accident in the workplace, reach out to us at RTM Law, APC Personal Injury Attorney. Our team of personal injury lawyers, case managers, and medical specialists has helped many clients secure just monetary compensation from wrongful death claims.
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