Understanding California Wrongful Death Lawsuits Against Employers (2024)

Oct 10, 2024 | Workers Compensation

When a loved one dies while performing the duties of their employment in California, this can leave the surviving family members with extreme grief and anger and make them wonder what steps to take next. Many of these individuals may be left wondering how to go about understanding California wrongful death lawsuits against employers. An Encinco workplace wrongful death lawyer can assist these individuals.

Virtually any workplace in the state of California can pose a potential risk to the health and safety of the employees who work there, especially in the presence of negligence, recklessness, or wrongful actions. Typically, surviving family members cannot file a claim for compensation against the employer, as employers are usually protected by their Workers’ Compensation insurance.

Surviving family may, however, be able to file a wrongful death claim against a third party who was involved in the accident in addition to receiving certain death benefits they may be entitled to under the Workers’ Compensation insurance. At Barry Law Group, our team of dedicated attorneys can review the details of a case and determine if there are any potentially liable third parties.

Common Causes for Workplace Accidents and the Parties Potentially Responsible

Because the surviving family members of a deceased individual cannot file a lawsuit against their loved one’s employer in most cases, it is wise to identify the third party that may be held liable for the death. Common causes of workplace accidents and the parties potentially involved can include the following:

• Construction Site Accidents: These accidents typically occur when an individual is killed on a construction site, often due to collapsing scaffolding or safety violations. The family of the deceased individual may be able to file a claim for wrongful death against the construction company for failing to ensure safety on the worksite or the scaffolding installation company.
• Accidents Involving Industrial Machinery Malfunctions: When an employee is fatally injured while working with a piece of faulty or malfunctioning machinery, the family could file a lawsuit against the manufacturer or designer of the machinery.
• Being Exposed to Hazardous Substances: If an employee develops certain diseases, such as cancers or respiratory conditions, due to prolonged exposure to chemicals or other toxins, the family may be able to file a claim by demonstrating that certain safety measures were violated.
• Medical Malpractice Cases: When a healthcare worker has died in a wrongful death claim, the hospital may have failed to provide them with the necessary treatment or personal protective equipment to keep them safe from certain fatal illnesses while treating patients. The family could potentially file a wrongful death claim against the negligent hospital system.
• Commercial Vehicle Accidents: An example of this kind of accident might be a delivery truck driver dying in an accident while performing the duties of their employment. If this is the case, the family may be able to file a claim against the other driver if they were negligent or reckless or against the manufacturer of the truck’s components should they be deemed faulty.
• Violence in the Workplace: No workplace is completely safe from violence. In cases of workplace robbery, for example, where a worker is killed, the family might be able to file a wrongful death claim if they can prove that the security company did not carry out their duty of care to the employees.
• Slip and Fall Accidents: Family members may be able to file a wrongful death claim against property or building owners if they lost a loved one due to a slip, trip, or fall that occurred as a result of worn or torn carpeting, inadequate lighting or safety barriers, wet or slick surfaces, or crumbling stairs.

FAQs

Q: How Long Does It Take to Settle a Workplace Wrongful Death Claim in California?

A: In the state of California, it can be difficult to offer an exact timeline for settling a workplace wrongful death claim. These cases can take anywhere from several months to a few years, and ultimately depend on the factors involved in the case. These factors can include the complexity of the case and the cooperation of the parties involved, their legal teams, and their insurance companies.

Q: What Parties Can File for Workplace Wrongful Death in California?

A: In California, there are only a handful of individuals who can file a workplace wrongful death claim against a negligent or reckless third party. These parties include the surviving spouse or domestic partner of the deceased, the deceased individual’s children, stepchildren, or grandchildren, or any other person who was financially dependent on the deceased.

Q: How Much Can a Workplace Wrongful Death Lawyer Charge?

A: How much a wrongful death lawyer can charge for their services varies widely. This is due to the fact that each attorney and case is different. There are certain factors that can apply to almost every case that usually affects the overall cost of an attorney. These factors include the duration and complexity of the case and the attorney’s experience level.

Q: What Is the Statute of Limitations for Workplace Wrongful Death Lawsuits in California?

A: In California, there is a statute of limitations of approximately two years placed on workplace wrongful death lawsuits. This means that the surviving family members have two years from the time of their loved one’s death to file a wrongful death lawsuit. If they do not file within this time period, the courts may not allow them to proceed with a suit.

Speak With a Workplace Wrongful Death Lawyer Serving California Today

If you have lost a loved one in a workplace wrongful death accident, you are likely wondering if you will be able to file a suit against their employer. While you typically cannot file a lawsuit against the employer in these scenarios due to their Workers’ Compensation insurance, you may be able to hold certain third parties liable. The attorneys at Barry Law Group can assist you in this endeavor. Contact our firm today to learn more about what we can do for you.