Can I File A Wrongful Death Lawsuit on the Job?

While most of us cannot say that we personally know someone who has been killed while on the job in Alabama, statistics show that in 2015 alone, there were 70 workplace fatalities recorded in the state. For those who have lost a loved one on the job, coping with the death and knowing what steps to take next can prove extremely challenging.

When someone dies because of an on-the-job accident in Alabama, surviving family members are typically entitled to certain benefit types. While death benefits through workers’ compensation insurance are the most common types of damages, in some cases, a wrongful death lawsuit for compensation may also be both permitted and appropriate.

Civil Actions after a Workplace Accident that Results in Death

Workers’ compensation is a no-fault insurance system in which injured parties (or their surviving loved ones in instances that result in death) are entitled to compensation from an employer’s workers’ compensation insurance company without having to prove negligence or fault of any of the parties involved. In exchange for no-fault benefits, benefit recipients are also barred from filing a negligence-based civil lawsuit against the employer, and therefore the employer is protected from civil liability. This means that after a fatal workplace accident, a surviving family member does not have the ability to file a wrongful death lawsuit against the employer.

However, third party claims are permitted when appropriate.

Third Party Liability Claims and Wrongful Death Actions

While an employer cannot be held civilly liable for the death of a worker, a negligent third party not related to the employer may. This is true when the fatal injuries of the deceased worker would not have been incurred but for the negligent, careless, or wrongful actions of the third party. In a workplace accident, things that may lead to fatal accidents that may warrant a third party wrongful death lawsuit include:

• Defectively designed or manufactured equipment;
• Dangerous premises;
• Automobile accidents involving a third-party driver;
• Explosions, exposure incidents, and fires; and
• More.

The list above is not inclusive; it is important to work with a wrongful death attorney experienced in workplace accident cases to determine whether or not the cause of your loved one’s death stemmed from the actions of a third party.

Damages Recoverable in a Wrongful Death Suit in Alabama

Through workers’ compensation insurance, the family members of a person who is killed on the job are entitled to weekly death benefits that are calculated based on the decedent’s average weekly wage prior to death, which will be paid for 500 weeks. Any medical expenses will also be covered, as will burial expenses up to $6,500.

In a wrongful death suit in Alabama, the personal representative of the decedent’s estate can seek punitive damages for the death. This is significantly different from laws in other states, which allow for family members to seek compensatory damages. Punitive damages, on the other hand, are designed to punish the at-fault party rather than compensate family members.

Because only punitive damages are available in a wrongful death suit, pursuing both a workers’ compensation claim and a wrongful death action may make sense.

Contact Chip Nix, Attorney at Law, Today

At the law offices of Chip Nix, Attorney at Law, we understand how devastating losing a loved one in any accident type can be. We further understand that the process of recovering compensation after a fatal accident can be complicated, and you may have questions about filing a workers’ compensation claim, a third party wrongful death suit, or both.

When you call our Alabama wrongful death and workplace injury attorneys, we will work hard on your behalf, and thoroughly explain all your options and your best route for recovering the compensation you deserve. To learn more, please contact us today to schedule a free consultation. You can reach our law firm at 334-279-7770, by emailing us, or by visiting our Montgomery offices in person today. We promise to put your first.