What do you do after the unthinkable happens at work?
Death in the workplace is not only a tragedy, it’s a legal matter.
Recent statistics reveal that there were 5,283 fatal work injuries in 2023 alone. That’s about 15 workers dying on the job every single day.
Here’s the thing…
Most families don’t know where to turn. They’re dealing with grief, confusion and employers trying to push quick settlements.
That’s when legal services become so important.
What you’ll discover:
- What Happens Right After
- Here’s What You Need To Know
- Understanding Your Legal Rights
- The Investigation Process
- Building Your Legal Case
- Financial Considerations
- Dealing With Employers and Insurance
- Taking the Next Step
What Happens Right After
Reporting requirements kick in the moment a death occurs at work.
The employer must report it to OSHA within 8 hours of it happening.
But what most people don’t realize is that the company’s legal team is already mobilizing behind the scenes. They have access to all the safety records, equipment maintenance logs and employee training documents.
Your family needs the same kind of expert legal assistance to protect your interests. A wrongful death lawyer in Calgary can guide you through the complex legal process that ensues after a workplace death.
Critical decisions are being made during those first few days that can have a ripple effect on your family’s life for many years.
Here’s What You Need To Know
The legal procedures to be followed after a workplace death are not open-ended.
Deadlines for filing claims and submitting evidence are strict. If you miss them, you may end up damaging your legal case significantly.
Immediate Documentation
The small details matter. You need to preserve evidence while it’s still fresh – take photos of the scene, collect contact information from witnesses and gather employment records.
This is because companies want to clean up accident scenes ASAP. The equipment involved is quickly repaired or replaced. Witnesses move on to new jobs or forget key details.
Reporting the Death
Reporting an employee’s death to OSHA is the employer’s responsibility but you should also report it separately. Creating an independent incident record creates a paper trail that isn’t reliant on the employer’s narrative.
OSHA will investigate workplace deaths to enforce safety regulations and penalties. But OSHA’s mission is compliance, not your family’s compensation.
Understanding Your Legal Rights
Most people are unaware that they have multiple legal avenues they can pursue.
Workers’ compensation claims are what most people first consider. But these often provide inadequate recovery for a family’s loss. According to federal OSHA data, the average penalty for a workplace death is only $16,131.
That’s shockingly low.
The family of someone who dies on the job due to a third-party’s negligence may be able to sue for much greater compensation. Equipment manufacturers, independent contractors and defective product makers may share liability in some workplace deaths.
Families that don’t have proper legal representation often settle for far less compensation than they deserve.
The Investigation Process
Every death on the job results in an official investigation.
OSHA investigators visit the worksite, interview witnesses, review equipment maintenance logs and review safety training records. This process can take months.
During that time, your legal team is gathering evidence for your claim as well. But don’t wait on OSHA. Waiting can actually hurt your case because as time passes, evidence is lost and witnesses forget.
The investigators are looking for safety violations, equipment malfunctions, failure to follow procedures and violation of industry regulations.
The conclusions reached during the investigation will become important evidence.
Building Your Legal Case
Time is your enemy when it comes to the legal fallout from a workplace death.
The legal time limits differ depending on the jurisdiction, but the consequences for missing a deadline are the same. You lose your right to seek financial compensation.
Get everything in writing.
Employment records, pay stubs, medical records, accident investigation reports and records of any employee complaints made to the employer about safety. These small details can be valuable pieces of evidence.
Identify all liable parties.
In some cases, there are multiple entities responsible for the employee’s death. It could be the employer, equipment manufacturers, independent contractors and property owners.
An experienced attorney knows how to identify all the potential defendants and maximize financial recovery.
Financial Considerations
Death in the workplace causes significant financial strain.
Loss of income is just the beginning. Families face funeral expenses, outstanding medical bills, and the long-term impact of losing a provider.
Wrongful death claims can seek financial recovery for funeral expenses, loss of wages, loss of benefits, pain and suffering, loss of companionship and more. The damages vary based on your unique circumstances.
Workers’ compensation only provides limited benefits – funeral expenses and usually a percentage of lost wages for the family’s dependents.
Dealing With Employers and Insurance
The employer’s insurance company is not looking out for your interests.
Insurance adjusters are trained to get you to sign releases or accept quick settlements as soon as possible.
Don’t sign anything without a lawyer’s advice first. Once you sign, you can never go back and ask for more money later.
Insurance companies reach out to families shortly after a death. The settlement offers they make appear to be generous and time-limited. The pressure to decide quickly is intense.
This is why families need to have legal representation during this vulnerable period.
Taking the Next Step
There are several steps to be taken in the event of a workplace death.
The legal steps and procedures after a workplace death are complex and time-sensitive.
You have legal rights. Your family deserves to be fairly compensated. You don’t have to do this alone.
Professional legal services that specialize in the workplace death understand the complexity and emotional toll. They know how to conduct a thorough investigation, identify liable parties and negotiate with insurance companies.
Don’t wait until evidence is lost and legal deadlines pass. Evidence disappears. Witnesses move on. Time doesn’t stop because you’re grieving.
If your family has been impacted by death in the workplace, contact a qualified attorney today. Most offer free initial consultations and work on contingency.
Your loved one deserved a safe workplace. Your family deserves justice.
Wrapping This Up
Death on the job requires immediate action and expert legal counsel.
The steps you take in the hours and days after a workplace fatality can have a profound impact on your family for decades. Every decision counts.
Remember this – document everything, don’t rush into quick settlements, know your full legal options and seek professional guidance immediately.
The statistics are sobering. 15 workers die on the job every single day in the US. Each of these deaths represents a family facing grief while also trying to navigate complex legal hurdles.
Legal experts who specialize in workplace deaths can guide you through every step of the process and fight for the compensation your family deserves.
Take the next step today.
