March 11, 2025
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
