Tarzana Workplace Wrongful Death Lawyer

Losing a loved one is a devastating experience, especially when this individual dies at their place of work due to the negligence, recklessness, or wrongful actions of another. You may find yourself dealing with several financial hardships, such as burial or funeral costs and unpaid medical bills from treatments or surgeries your loved one received before their death. When these challenging situations arise, the help of a Tarzana workplace wrongful death lawyer is vital.

In California, when an individual is injured at their place of work through no fault of their own, they can pursue a claim for compensation through their employer’s Workers’ Compensation insurance. Additionally, if this individual dies as a result of their workplace injuries, there are certain Workers’ Compensation benefits that can include payments to surviving family members. The compensation involved, however, can vary based on the circumstances.

Workplace Accidents That May Lead to a Wrongful Death Claim in CA

Several workplace scenarios can lead to accidents, resulting in death for workers in California. These situations usually involve some type of safety violation, certain forms of workplace misconduct, or negligence. Some of the most common workplace accidents that may result in the death of an individual and a subsequent wrongful death claim include:

• Construction Site Accidents: The majority of workplace accidents take place on construction sites in Tarzana, California, where individuals may fall from great heights, such as from roofs or scaffolding, be struck by a falling object, or be crushed or pinned by heavy machinery or construction vehicles. The construction worker’s family may be able to pursue wrongful death benefits against the construction company or any third party involved, such as a building or property owner or the company that installed the scaffolding, for example.
• Malfunctions of Industrial Machines: An individual can lose their life working in a factory or another facility if a piece of defective machinery malfunctions due to a lack of safety measures or necessary maintenance checks. The dependents of the deceased individual can file a claim against the manufacturer of the faulty machinery.
• Exposure to Hazardous Substances: In some cases, certain employees can become fatally ill due to exposure to certain chemicals or substances while working. These illnesses can include cancers or respiratory diseases. The family of the individual who passed away may be able to file a claim against the employer if they can prove that the lack of necessary safety measures or personal protective equipment caused the illness and death.
• Accidents Involving Commercial Vehicles: An example of this kind of accident is an employee being killed in a fatal car crash while traveling on a sales call. If the accident was caused by the negligence of another individual on the road, the family may be able to hold this individual liable for the wrongful death damages they suffered.
• Workplace Violence: Workplaces are not immune to acts of violence. If an employee, for example, loses their life in a robbery incident at their place of work, their family may be able to file a wrongful death claim if they can prove that the violence occurred because of inadequate safety measures.
• Slip and Fall Accidents: These kinds of accidents can happen when an individual suffers a trip, slip, or fall in their place of work due to worn or torn carpet, crumbling stairs, cracked surfaces, wet or slick floors, inadequate lighting, exposed electrical cords, or uncleared ice. The family may be able to file a wrongful death claim if they can prove the employer or property owner failed to fulfill their duty to ensure safety.
• Medical Malpractice: In cases of workers in the healthcare field, the hospital might fail in their duty of care by not providing proper training, guidelines, or safety equipment, resulting in workers contracting a fatal illness while working. The family may be able to hold the hospital accountable for their negligence.

FAQs

Q: How Can a Lawyer Help in a Workplace Wrongful Death Case in California?

A: Though a lawyer is not required when filing a wrongful death claim in California, they can make all the difference when it comes to recovering the damages you or your deceased loved one suffered. They have the ability to request incident reports on your behalf, gather different forms of evidence to support your claim and negotiate the terms of a proposed settlement with all parties involved.

Q: Who Can File a Workplace Wrongful Death Claim in California?

A: Only certain individuals can file a workplace wrongful death claim under California law. These parties include the spouse or domestic partner of the deceased, their surviving children, an heir to the deceased’s property if there is no surviving spouse, children, or domestic partner, any dependent of the deceased, or the deceased’s stepchildren.

Q: What Damages Are Recoverable in a Workplace Wrongful Death Claim in California?

A: There are several damages that may be recovered in a workplace wrongful death claim in California, depending on the nature of the accident that resulted in the death and the damages sustained by the victim and their family. These damages can include medical costs, lost wages or the loss of earning capacity, pain and suffering, loss of relationship or consortium, and even punitive damages.

Q: How Much Does a Workplace Wrongful Death Lawyer Cost in California?

A: It can be difficult to state exactly how much a workplace wrongful death lawyer might charge to represent you in California. This is because each case is different, and attorneys typically have different fees. There are several factors that can affect the cost, including the complexity and duration of a case and the experience and skill level of the attorney.

Speak With a Tarzana Workplace Wrongful Death Lawyer Today

The team at Barry Law Group has been assisting clients who have lost a loved one due to a workplace injury or illness since 1988. If you have lost someone you love as a result of a workplace injury, you may have grounds to file a claim for wrongful death benefits. Contact Barry Law Group today to schedule a consultation.