In mid-November, a worker at the Nissan Assembly Plant in Smyrna died due to head trauma. The man is the third worker to be killed at the plant. In 2012, a truck driver was crushed between two trucks while making a delivery to the plant. In 2013, a falling piece of machinery struck and killed a maintenance technician. The Occupational Safety and Health Administration (OSHA) found that the plant had violated safety protocols and fined Nissan $10,400.
More than 4,600 workers are killed at work every year in the United States, according to OSHA. Manufacturing and assembly plants have a duty of care to ensure that all safety precautions are taken to ensure the safety of workers. When companies are negligent in their duties to provide a safe workplace, the results can be devastating. This is especially true when the deceased worker is the family breadwinner. And unfortunately, workers’ compensation only covers a small portion of the total losses the family suffers.
SHOULD I FILE A WRONGFUL DEATH LAWSUIT AFTER A LOVED ONE’S WORKPLACE DEATH?
You can file a third-party wrongful death claim against a negligent party in addition to – not instead of – a claim for workers’ compensation. There can be any number of third parties that could be liable for a worker’s death, including:
- Manufacturers of defective tools and machinery
- Property owners, engineers and project managers who fail to correct dangerous conditions
- Other workers whose unsafe conduct contributed to an accident
In the tragic and uncertain aftermath of a family member’s wrongful death, a wrongful death attorney can help relieve the legal burdens from you so you can spend the time you need to grieve.
Jeremiah 29:11, “For I know the plans I have for you,” declares the LORD, “plans to prosper you and not to harm you, plans to give you hope and a future.”