The liability of employers and third parties can be very different after a deadly on-the-job accident.
Worker deaths on the job are on the rise according to the latest statistics released in December 2022 by the Bureau of Labor Statistics. The BLS warns of a one-year increase of 8.9% in worker fatalities.
The disturbing reality of a rising number of fatal work injuries was heralded as a “…call to action for OSHA, employers and other stakeholders to redouble our collective efforts to make our nation’s workplaces safer,” by Doug Parker, the Assistant Secretary for Occupational Safety and Health Administration (“OSHA”) in a U.S. Department of Labor news release on December 16, 2022.
“Each of these deaths cruelly impacts these workers’ families, friends, co-workers and communities. They are clear reminders of the important work that must be done. OSHA and its thousands of professionals across the nation are determined to enforce the law while working with employers, workers, labor unions, trade associations and other stakeholders to ensure that every worker in the U.S. ends their workday safely.”
Wrongful Death Claims After Worker Dies on the Job in Work Accident
Under both federal law and the state laws of Indiana and Illinois, workers who perish in on-the-job accidents have the legal right to have monetary damages paid by those responsible for their untimely death. These damage claims will be pursued by a personal representative on behalf of the deceased worker victim. Claims can also be made by certain family members, such as spouses and minor children.
What is a Wrongful Death Claim?
By definition, these will be considered to be “wrongful death claims.” Essentially, any wrongful death claim involves formal legal action (e.g., civil claims, lawsuits) against one of more wrongdoers who negligently or intentionally breached legal duties that were the proximate cause of the victim’s death. These civil claims can be based upon accidents, such as a Chicago pedestrian accident as well as intended wrongdoing, like a homicide shooting in a public place.
However, when the accident involves a worker who sustained fatal bodily injuries at the job site or in the course and scope of employment, then these claims for justice are handled differently than other civil claims for wrongful death damages. Wrongful death claims after a work accident are treated differently under the law.
- For more, read: Fatal Accidents and Wrongful Death Lawsuits in Indiana and Illinois.
Wrongful Death: Employers and Workers’ Compensation Insurance
Legally, most employers in Indiana and Illinois are required by law to purchase a particular type of insurance policy that provides “workers’ compensation” coverage. These are mandates defined by statute. These worker’s compensation laws not only require the insurance policies but they also define what the remedies are available for workers who become accident victims and claimants under their employer’s worker’s compensation insurance policy.
- For more, read: Workers Compensation in Indiana and Illinois: Work-Related Injuries and the Fight Against Corporate Greed and Work Injuries and On-the-Job Accidents in Indiana and Illinois With Federal Law Protections: FELA, Jones Act, LHWCA, DBA.
When a worker perishes in a wrongful death in a work accident, the state workers’ compensation law bars a standard civil lawsuit or claim from being filed by that worker. Instead, the worker must proceed though the workers’ compensation system. This is called the worker’s “exclusive remedy.”
As part of the “exclusive remedy,” the worker must look to the state statute for the damage claims that will be covered. For instance, in the State of Indiana, the deceased victim’s spouse will be able to obtain payment under the employer’s workers’ compensation wrongful death insurance policy coverage for things like final medical expenses, as well as funeral costs, and a percentage of the deceased worker’s wages paid over a certain time period (e.g., ten (10) years).
Wrongful Death: Other Third Parties Responsible for the Accident
Many workplace accidents are complicated circumstances where investigation into what has happened can take weeks or months and may require the assistance of expert analysis. There is a legal right to have an independent investigation into the event made by advocates for the worker-victim and their loved ones.
That investigation and analysis may reveal that individuals or companies other than the worker’s direct employer have a legal liability for what transpired. These third parties are not protected by worker’s compensation laws.
Here, wrongful death claims can be filed in a civil lawsuit against these third parties for their contribution to the unfortunate demise of the worker on the job. These will be covered by state tort law, such as the Illinois Wrongful Death Act. See, Illinois Pattern Jury Instructions 31.01.
Third party wrongful death civil claims may well provide significantly more damages to the worker and grieving loved ones than the workers’ compensation remedies as defined by law in the employer’s insurance policy.
These are lawsuits where the plaintiffs have the burden of proof to establish their right to have the third parties pay them monetary damages because of a breach of legal duties which proximately caused the victim’s death. From a legal standpoint, these plaintiffs (the personal representative for the deceased worker; the surviving spouse; the dependents) must introduce authenticated and admissible evidence of the legal elements for a wrongful death claim.
They must “prove up” with a preponderance of the evidence using witness testimony or documentary evidence (including digital, etc.) the following elements:
- The defendant company or individual owed a legal duty to the victim;
- How this legal duty was breached by that defendant;
- The breach was the proximate cause of the worker’s death; and
- Itemization of the resulting damages as defined by law (things like lost wages, lost future earning capacity, and more.)
Worker third party wrongful death claims may be filed in the state courts of Illinois or Indiana, or they may need to be filed in federal court if federal law applies to the case. There will also be legal deadlines that must be met or the case, however valid, will be time-barred. The statute of limitations will be used as a defense by the third parties to have the case dismissed. See, Deadlines for Injury Victims to File Lawsuits: Statutes of Limitations.
Examples of third-party wrongful death lawsuits include:
- A crane manufacturer who is sued for defective design that caused the accident to happen;
- A third-party driver whose negligence caused a deadly motor vehicle accident where a worker on the job was killed; or
- A company responsible for maintenance and repair of hazardous material areas failed in their tasks causing a fatal explosion or asphyxiation.
Justice After Worker’s Wrongful Death in Indiana and Indiana
Workers in Indiana and Illinois are employed in dangerous industries notorious for hazardous worksites. Construction workers, warehouse employees, commercial truck drivers, agri-business workers, steel mill workers, and others willingly go to their jobs each day, knowing they will face potentially fatal dangers. They all rely upon those with legal duties of care and safety to do what is right to keep them safe while they work.
Sadly, employers and other companies and individuals may fail in these known duties with deadly results. When tragedies result, the law provides vastly different avenues for justice depending upon whose bad conduct caused the accident.
Also read:
- Workers’ Compensation and Third-Party Claims for On-the-Job Accidents
- Multiple Employers on the Construction Site: Who Is Liable for Construction Worker Accidents?
Anyone who has suffered the loss of a loved one in a deadly workplace accident has the right to learn the extent of legal remedies available to the victim and their family members. It is a travesty that in the face of recognized legal duties, the rate of worker fatalities continues to rise as reported by the BLS. Please be careful out there!
