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When a loved one dies in a workplace accident, it leaves the family devastated and confused. First, there is the emotional pain of unexpectedly losing someone close. Then come the practical concerns like future financial stability and legal proceedings. In cases like these, it may be necessary to file wrongful death claims to seek justice for the deceased and protect their surviving family members from further hardship.

Injury Assistance Law Firm has been helping families of wrongful death victims for several years. Our wrongful death claims attorney is ready to help you and your family get the justice you deserve.

Types of Workplace Accidents Resulting in Wrongful Death Claims

Falls from Ladders and Heights

Falling from ladders or heights is a common cause of occupational fatalities. Any sector where employees are climbing or working on elevated platforms is susceptible to this kind of mishap. Death or serious harm can result from even relatively low heights. To guarantee that workers are not in danger of falling while carrying out their responsibilities, employers must offer sufficient safety gear and training.

Auto Accidents

Employees who use forklifts, heavy machinery, or cars run the danger of getting into an accident at work. Careless driving, faulty auto parts, or insufficient upkeep and safety procedures may bring on deadly collisions. 

Exposure to Dangerous Substances

If appropriate safety precautions are not implemented, workers who handle hazardous materials, including asbestos, chemicals, poisons, and radiation, may be exposed to unsafe quantities. Employers are required to give workers the proper safety gear and make sure they know how to handle hazardous substances. Employers must offer medical care to protect their workers' health.

Employer Responsibilities and Safety Rules

In order to obtain adequate compensation for wrongful death claims, attorneys must be aware of and clear on employer responsibilities and safety rules.

Federal law requires employers to provide workers with a safe workplace free from known risks that could result in death or severe physical damage. This includes educating staff members on safe equipment use, offering PPE as required, and performing routine safety checks on all tools and gear used at work. If this isn't done, employers may be held accountable for any workplace fatalities.

Employers are also required to follow all safety regulations set forth by the Occupational Safety and Health Administration (OSHA). These regulations address every point, from the need for adequate ventilation systems in enclosed places to the correct storage of dangerous substances and materials. Workers who disobey these safety rules risk fatalities or severe injury.

Employers must also keep detailed records of all maintenance performed on industrial machinery and document any incidents involving employee injuries or fatalities. This could help protect them from potential legal action if they are accused of failing to offer a safe environment for their employees. Employers should also provide ongoing training on safety procedures and ensure that employees follow them at all times while working.

Establishing Negligence or Misconduct in Workplace Accidents

In certain instances, it could be clear that wrongdoing or carelessness led to a workplace wrongful death. Let's say, for instance, that an employee passes away because his company did not provide him with the necessary safety gear. Because the company needs to keep its workers safe, or carelessness is immediately proven in that situation.

However, there are also a lot of murky areas where it can be challenging for the surviving family members to prove wrongdoing and neglect. You can negotiate the legal deal of proving that you caused your loved one's unfortunate death at work with the assistance of an experienced wrongful death claims lawyer. 

What Does the Court Consider?

The court usually takes into account the following elements when deciding whether carelessness or misconduct can be shown in a wrongful death case:

Courts can decide whether a person was negligent or involved in misconduct that resulted in an employee's wrongful death at work and is, thus, liable for damages by considering these elements.

The Value of Consulting a Skilled Wrongful Death Claims Attorney

Families may find it challenging to cope with the loss of a loved one while attempting to sue the people who caused their deaths. For this reason, they must work with a skilled wrongful death claims lawyer to guide them through the court system and guarantee that they get the money to which they are legally entitled. A competent wrongful death claim lawyer will be well-versed in the rules governing wrongful death claims and will also be adept at negotiating with insurance providers. Expert witnesses are another option available to wrongful death claim attorneys, and they can be accommodating in the case.

Value of Acting Immediately

It is also critical for families experiencing wrongful death cases to act as fast as they can. Florida Statute of limitations dictate how long after a person's death the survivors can take legal action against those responsible for their family member's death. Consulting with a wrongful death claims attorney right away will ensure that your family does not miss out on any opportunities because these statutes force survivors to take action quickly to retain their rights under the law.

Let Injury Assistance Law Firm Pursue Justice for You

Wrongful death cases can be complex and emotionally draining for victims' families. Hiring a qualified attorney who understands how sensitive these claims are is essential. Additionally, third-party liability may offer more opportunities for compensation than other legal means. Therefore, it is worth exploring whether there are parties beyond your employer or contractor who might have contributed to the accident that led to your loved one's death.

Injury Assistance Law Firm has years of experience representing the families of victims of wrongful death at work. Contact us today for a free consultation. We have the attorneys and resources to help you seek justice on behalf of your deceased family member.