Family of worker killed could possibly seek wrongful death suit

Construction work is dangerous, even under the best conditions. If a company has been negligent in ensuring workers’ safety, then the possibility of a deadly accident increases. In some circumstances, Massachusetts laws may enable surviving family members to file a wrongful death suit when they have lost a loved one through a fatal work accident.

Recently, the Occupational Safety and Health Administration concluded its investigation after a fatal July accident. It determined that a company was negligent in training its employees about recognizing a potentially dangerous situation and in procedures for obtaining medical care in the event of an accident. The company was fined for the accident in the amount of $14,000 for what were classified as serious violations.

Two men were engaged in installing storm water management equipment. According to the report, a bucket installed on an earth mover detached from the supporting crane. The bucket fell and tumbled into the trench where the men were working. One man suffered puncture wounds and died that day. A second man was less seriously hurt and has since returned to the company.

The Nebraska company has 15 days to dispute the findings. While the second man, who survived the accident, likely received workers’ compensation benefits, the deceased worker’s family probably received death benefits under the same state-regulated insurance program. While the workers’ compensation program exists to aid those injured on the job, the surviving family may wish to explore their legal rights concerning this fatal accident. An experienced personal injury attorney could help them in assessing the underlying circumstances of the fatal accident in order to determine the feasibility of filing a wrongful death lawsuit in Massachusetts, including any claims that may exist against third parties whose documented negligence is deemed to have contributed to the tragic accident.

Source: journalstar.com, “OSHA proposes fine for fatal accident in Holdrege“, , Sept. 25, 2014