Workplace accidents can happen at any type of workplace. This is true whether the work involves heavy machinery or sitting in a cubicle. One thing is certain, a family that has suffered the loss of a loved one in a fatal workplace accident has the right to consider a legal filing to be compensated for the wrongful death.
A steel worker died recently in an industrial accident when a steel beam fell on him while he was welding. According to news reports, the company he worked for has a history of problems as it had been fined for a worker death. The Occupational Safety and Health Administration is conducting an investigation into the incident.
An earlier fatal accident similar to this one occurred in 2008 and was also investigated by OSHA. In that case, a man was also killed by a falling beam. The company was also fined for workplace violations in 2009 when it did not provide proper safety protections and did not properly store gas containers. It was fined again in 2013 because it did not provide adequate machine guards.
It's important to note that OSHA investigations and employer negligence are not necessary to collect workers' compensation benefits. Workers' compensation benefits are available to most workers if they are injured in the course of their employment. In the event of a fatal accident, the worker's family may collect these benefits. In most cases, the worker or the family does not need to prove that the employer was at fault for the accident before receiving benefits. However, workers' compensation is an exclusive remedy. This means that if workers or their families receive the benefits, they may not file suit against the employer over the same incident.
However, there are cases in which workers or their families may choose to pursue a lawsuit against the employer instead of pursuing workers' compensation benefits. A qualified attorney can help injured workers or their families to understand their legal options.
Source: Trentonian.com, "Steel beam crushes man to death at Bensalem company," David Foster, Sulaiman Abdur-Rahman, Jan. 16, 2017