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Family seeking wrongful death action after worker’s death

Any case of a worker dying in an accident on a job site in Troy is tragic, and all involved can understand the pain and grief that such a loss inflicts on the victim’s family. Yet does that pain and suffering automatically justify legal action? One might assume that an employer is to blame when an employee dies at work (as it is the employer’s responsibility to ensure that their workplaces are safe). The fact that this responsibility does exist, however, does not necessarily absolve an employee of seeing to their own safety, nor does it mean that workplace accidents should be immediately attributed to negligence on the part of the employer. 

The family of a man killed in a construction site accident in Texas is currently trying to make the argument that it was indeed due to negligence that he died. The man was killed when a loader backed over him. The construction company that employed him and ran the job site has stated that the family’s claim needs to be handled by workers’ compensation. They, however, have chosen to file a wrongful death lawsuit against the company, claiming that the worker’s death was due to their failure to provide a safe environment for their employees to work in. 

As gut-wrenching as accidents like those described in the case above may be, they are often just that: accidents. Such things can indeed occur with the assistance of negligence or carelessness, and while employers may often be more than happy to assist those impacted by such incidents with workers’ compensation claims, they should not be made to feel obliged to be on the hook for whatever accident victims feel they may be entitled to. Those needing help in arguing this point may want to seek representation from an experienced attorney.