Workplace accidents can lead to tragic consequences, including the untimely death of an employee. In Bakersfield, California, the families of those who have died in workplace accidents have specific rights and legal channels to seek compensation and justice.
This blog aims to provide a guide for families dealing with the loss of a loved one due to workplace death in Bakersfield, covering the legal responsibilities of employers, relevant California laws, and the crucial role of Bakersfield personal injury lawyers in such cases.
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What Constitutes Wrongful Death from Workplace Accidents?
Wrongful death occurs when an employee dies due to the negligent acts or misconduct of their employer or another party. Bakersfield is no stranger to workplace accidents, with the city consistently ranking high in California for injury and fatality rates.
Common causes of workplace death in Bakersfield are construction accidents, industrial mishaps, exposure to hazardous substances, and transportation incidents.
When an employer fails to provide a safe working environment or adhere to safety regulations, they can be held liable for wrongful death.
Employer Liability and Responsibilities Under California Law
Employers in California have a legal obligation to maintain a safe workplace. This includes providing proper training, maintaining equipment, adhering to safety protocols, and ensuring that the work environment is free from hazards. Failure to meet these responsibilities can result in severe consequences, including being held liable for catastrophic injuries or death.
Under California law, particularly the California Occupational Safety and Health Act (Cal/OSHA), employers must comply with various safety standards to protect employees. If an employer’s negligence leads to an employee’s death, the deceased’s family may file a lawsuit for damages.
Applicable Laws Related to Workplace-Related Bakersfield Wrongful Death Cases
Claims of wrongful death from workplace accidents are governed by several California laws:
California Code of Civil Procedure (CCP) § 377.60
This law allows certain family members to file a wrongful death claim in Bakersfield if their loved one dies due to another’s negligence or wrongful act. Eligible family members include the deceased’s spouse, domestic partner, children, and, in some cases, parents or siblings.
California Labor Code § 3706
If an employer fails to secure workers’ compensation insurance, CLC § 3706 states that the deceased’s family can sue the employer directly for damages.
Cal/OSHA Regulations
These regulations mandate workplace safety standards. Employers who violate these regulations can be subject to fines and penalties, and their violations can be used as evidence in a wrongful death lawsuit.
Filing a Wrongful Death Lawsuit or Claim in Bakersfield
Filing a wrongful death claim or lawsuit involves a legal process where the plaintiff must establish that the employer’s negligence directly resulted in the employee’s death. This process requires proving several elements:
Duty of Care
The employer had a legal obligation to ensure the safety and well-being of their employees.
Breach of Duty
The employer failed to meet their duty of care. Examples of breach of duty include insufficient safety measures, inadequate training, poorly maintained equipment, lack of proper safety gear, or ignoring known hazards in the workplace.
Causation
The breach of duty directly caused the employee’s death. It must be shown that the wrongful death from workplace accidents would not have occurred if the employer had fulfilled their duty of care. For instance, if an employee died in a fall because the employer did not provide proper harnesses, this breach directly led to the death.
Damages
The death resulted in quantifiable losses to the deceased’s family. These losses can be both economic and non-economic.
- Economic Damages: medical and funeral expenses, loss of financial support, and loss of benefits such as pension plans.
- Non-Economic Damages: the emotional impact on the family, including pain and suffering, loss of companionship, love, and moral support.
The Role of a Bakersfield Wrongful Death Lawyer
A personal injury lawyer specializing in catastrophic injuries can be an invaluable ally for families pursuing wrongful death from workplace accidents. Here’s how an attorney can assist:
- Legal Expertise: A lawyer can interpret and apply relevant laws and regulations to build a strong case — all within the statute of limitations.
- Investigation: Lawyers can conduct thorough investigations to gather evidence, interview witnesses, and work with experts to establish negligence.
- Negotiation: Experienced wrongful death attorneys can negotiate with insurance companies and opposing parties to secure fair compensation for surviving family members.
- Representation: If the case goes to court, a personal injury lawyer will represent the family’s interests, presenting the case effectively to a judge or jury.
Statute of Limitations for Wrongful Death in Bakersfield
The statute of limitations for filing a claim for workplace death in Bakersfield is two years from the date of death. This means that surviving family members have a limited amount of time to pursue legal action. Connecting with Bakersfield personal injury attorneys immediately will be to the family’s advantage.
File a Wrongful Death Claim for Workplace Death in Bakersfield. Get a Free Consultation from RTM Law.
Losing a loved one in a workplace accident is devastating. But families of the deceased would have some reprieve by seeking compensation and justice for their loss.
If your family is facing a case of workplace death in Bakersfield, know that you have the means to fight back and hold the at-fault party accountable.
RTM Law , APC Personal Injury Attorney is here to support you. With experience in wrongful death cases, our Bakersfield wrongful death attorneys can provide the guidance and representation you need to secure the compensation and justice your family deserves.
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