Work Related Injuries Resulting in Death: Legal Issues

A workplace injury may prove to be fatal at times and result in the death of the injured worker. Though there is a decline in the rate of fatality rate since 1992, still many injuries are so serious that it ends the life of the worker. In spite of implementing the safety regulations and standards through Occupational Safety and Health Act (OSHA), workers are subjected to injuries related to their work and are eventually dying or suffering.

Workers’ Compensation Act

According to this law, dependent survivors of the dead worker have to be compensated. For all deaths resulting out of work-related injuries, the benefit has to be distributed among the beneficiaries. If only the widow or widower is entitled to the benefit amount, then the entire amount has to be given to him or her. If there are only two or more children in the beneficiaries list, then the benefit amount will be equally distributed among them although they are under the custody of various guardians. Even in the case of widow or widower along with children given as beneficiaries, the amount gets divided among them equally.

Negligence Claim

Apart from the workers' compensation benefits, a claim can be made against the third party who is found to be negligent. This can be filed in cases where the death has occurred due to the involvement of faulty machineries or improper safety measures. Under this, either the manufacturer of the equipment or the owner of the factory premises or the employer can be claimed against. There are various laws for claiming under this negligence. Some of them are given below:

Asbestos Injuries – Exposure of asbestos leads to mesothelioma and if the death of the worker is traced to asbestos exposure, then under mesothelioma laws, compensation can be claimed for.
Maritime Law – Survivors of the seamen can seek financial compensation and damages from the employer or vessel owner.
Silicosis – OSHA has given safety measures of silica dust in the industries. If the death of the employee resulted due to the violation of this safety measure, then the employer can be sued for his failure to meet the regulations.

Final Word

Legal aspects of the compensation and benefits paid for fatal injuries may become a nightmare experience if you do not know the procedures correctly. Hence, it is advisable to take the help of an attorney specialized in the work place injuries compensation so that you can obtain the benefits.

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