Losing a loved one comes with immeasurable grief. As a surviving family member, you may feel mad and wonder if someone is accountable for the unfortunate incident if the death was due to an accident in the workplace.
You might think the workplace is a safe space, but accidents like slips, trips, falls, equipment malfunctions or exposure to hazardous substances are inevitable. In California, there are options to address these losses, and understanding who is responsible for your loved one’s death can help bring clarity to questions about financial compensation.
Employers’ liability in fatal worksite accident
Generally, if a family member dies while doing their job, the employers are financially responsible under California’s workers’ compensation policy. Part of the death benefits includes burial expenses and support payments for you as the surviving dependent.
If an accident happens, leading to death on a construction site, you can file a wrongful death lawsuit against the construction company for possible safety violations. A wrongful death claim is also possible if an employee’s exposure to hazardous substances results in respiratory illnesses or cancers.
Building owners’ responsibility for unsafe worksite conditions
If your loved one died as a result of a fall, trip or slip due to insufficient safety barriers or lighting, or weak or decaying stairs, you may file for a wrongful death claim against the owners of the property.
Under California law, property and building owners have a responsibility to keep their premises safe and free from any hazards, which means they can be liable for any injuries or death due to failure to maintain their site.
Third party companies’ accountability in worksite deaths
The accountability doesn’t just fall on the employer if another company is also responsible for unsafe working conditions. Another company or contractor may be liable if they fail to maintain site safety.
A manufacturer or designer of a machine can be responsible if the worker dies due to faulty equipment. If a third party’s fault caused the death of an employee, they are the ones legally liable and not the employer.
Importance of identifying liability for family members
Identifying who is responsible for your loved one’s death can help you understand the benefits you can get and the legal responsibilities of the parties involved. Even if workers’ compensation benefits can provide support, you can still pursue wrongful death claims against other responsible third parties. Knowing what options you have can help in your decision making for the family’s future.