Yes, you can file a wrongful death claim for a workplace accident when an employee dies due to the negligence or wrongful acts of an employer, co-worker, or third party. These claims are typically filed by the surviving family members or the estate of the deceased.
Negligence: To successfully establish a workplace wrongful death claim, you must prove that the death resulted from negligence, inadequate training, or failure to maintain equipment.
Duty of Care: Employers have a legal obligation to provide a safe working environment for their employees, including adhering to safety regulations and industry standards.
Causation: A direct link must exist between the employer’s breach of duty and the employee’s death. This means showing that the unsafe conditions or actions led to the fatal incident.
Damages: You must provide evidence of damages incurred as a result of the death, such as medical expenses, lost wages, funeral costs, and emotional suffering.
Workers' Compensation: Workers' compensation typically doesn't cover wrongful death claims. In a wrongful death claim, the family may seek additional damages beyond what workers’ compensation provides, including compensation for pain and suffering, and loss of companionship.
Third-Party Negligence: Even when workers' compensation laws prevent most lawsuits against an employer for workplace injuries, a wrongful death claim can still be pursued if another party is deemed responsible. For example, if a worker’s death resulted from a malfunctioning machine designed or manufactured by a third party, the deceased worker’s family may be entitled to pursue a wrongful death lawsuit against the manufacturer.
Statute of Limitations: Each state has its own statute of limitations for filing wrongful death claims, typically ranging from one to three years from the date of death.
If you need assistance with a wrongful death claim, you can contact Hall & Dixon at 725 E. Trade Street Suite 115 Charlotte, NC 28202, or call (704) 993-6825. They are available Monday through Friday from 9 a.m. to 5 p.m.
Read: Filing a Wrongful Death Lawsuit for Medical Malpractice in NC
If you've been injured in a car accident due to someone else's negligence, you shouldn't have to navigate the legal system alone. At Hall & Dixon PLLC, we fight for individuals and families who are facing the physical, emotional, and financial aftermath of serious auto accidents.
From medical bills and lost income to pain, suffering, and long-term care, our attorneys understand the full impact of personal injury—and we’re here to help you pursue the compensation you rightfully deserve.
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Don't wait—North Carolina law limits the time you have to file a personal injury claim. Let us help you protect your rights and secure your future.
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