When a worker dies on the job, the tragedy could be a preventable one. Work-related deaths can be the result of negligence, whether it is a lack of safety protocols or a disregard for rules and regulations.
As you face the legal complexities surrounding the work-related death of a family member, you may have many questions. One question could be: What role does negligence play in pursuing justice for my family?
How to prove negligence in fatal work accidents
Negligence is critical in determining liability in work-related death cases. To prove negligence, certain elements must be present:
- Duty of care: The employer failed to fulfill their duty to provide a safe working environment. This can include failing to maintain equipment, not providing proper training and disobeying safety protocols.
- Breach of duty: The inactions or actions of the employer fell short of the expected standard of care, which led to the death of the employee.
- Causation: The employer’s breach of duty directly caused the death of the employee.
- Damages: The death of the employee resulted in damages. These include lost wages, medical costs, and pain and suffering.
In addition, among the evidence that can prove negligence in fatal work accidents are security footage, eyewitness testimony, maintenance records and equipment inspection reports. These can help establish a breach of duty and causation. Also, documents on safety protocols, training records and communication logs can serve as evidence.
Seeking the compensation your family deserves
Understanding the elements of negligence may help you hold responsible parties accountable for the fatal work-related accident of your family member. However, going through the legal process while grieving can be overwhelming.
With legal counsel, you may better protect your rights and explore your options, which include filing a workers’ compensation claim, a wrongful death claim or a wrongful death lawsuit. Also, a legal advocate may help you determine your course of action to seek the compensation your family deserves.