Filing a wrongful death lawsuit against a deceased’s employer

Filing a wrongful death lawsuit against a deceased’s employer

| Jan 5, 2021 | Firm News |

An estate’s personal representative may file a legal action against an employer over the wrongful death of a family’s loved one. As noted by Ohio’s Delaware County Probate Court, reasons for a wrongful death filing may include a fatal workplace accident and dangerous or defective products. 

Employers owe a duty of care to their employees to create a safe workplace environment free from hazardous conditions. When a breach of duty leads to a fatality, a legal action may provide a grieving family with a much-needed degree of relief. 

Proving negligence resulted in a workplace accident

A Buckeye State resident filed a lawsuit against her deceased husband’s employer seeking damages over his fatal workplace electrocution. As reported by the Dayton Daily News, the recycling company he worked for had several prior citations for workplace safety violations. 

The paper also noted three serious previous violations for failing to train its employees in safe electrical handling practices. By not training employees and maintaining an unsafe work environment after numerous citations, the employer breached a duty of care to its employees. 

Seeking compensation for damages through a legal action

Ohio’s wrongful death law requires proof that the deceased died because of another individual’s negligence, misdeeds or misconduct. Under section 2125, a family may file a claim for damages such as the loss of a relationship and the future income that a loved one may have provided. 

A compassionate jury may award additional compensation for the pain and suffering experienced by the surviving family members. The deceased’s pain, suffering, medical expenses and burial costs may also come under the court’s determination.