Wrongful death occurs when an individual’s negligent and reckless acts are without consideration of another person’s safety. While the death is often by accident, it can be with the intent to kill or harm, whereby either may cause the victim to die as a result of the individual’s actions and is thereby considered “wrongful”.
Most often the causes of wrongful death involve an automobile, train, or airplane accident, neglect and abuse, defective products, defective drugs, medical malpractice, toxic exposure, poisoning, or even an attack by an animal. An often overlooked but highly common cause of wrongful death occurs within the Florida workplace.
Most Common Florida Workplaces for Wrongful Death
An employee’s death at the workplace is often by accident. Common causes of workplace accidents may involve a severe burn, slip and fall, explosion, or malfunction of dangerous equipment. While an accident can occur at any type of job, there are certain careers by nature, which are more dangerous.
The most common Florida workplaces which are recognized for wrongful death occurrence include construction sites and manufacturing plants. If a Broward County employee is killed at work because the employer showed disregard for his or her safety, then it is possible to file a wrongful death lawsuit against the company.
Employees who work within the petroleum and chemical industry are often exposed to hazardous substances which are lethal. Toxic poisoning is known to cause severe illnesses such as blindness, hearing loss, cancer, and respiratory disease. Many employees that work within this field do not realize that they have been poisoned. By the time they are diagnosed, it is often too late, and they are a victim of wrongful death within the workplace.
Wrongful Death Survivor’s Rights
Florida employers are legally obligated to adhere to specific regulations set by Occupational Safety and Health Administration (OSHA). This is a federal entity set up to provide a safe working environment for employees. Employers are expected to take reasonable measures to protect their employees. If a Broward County wrongful death attorney is able to prove that an employer did not comply with an OSHA safety regulation, then the victim’s survivors may be eligible to receive compensation for their loss.
To prove that the workplace fatality was in truth a wrongful death, it must be proven that the victim died due to the negligence of the employer, organization, or person being sued. While this is not an easy feat in the state of Florida, a skilled Broward County wrongful death attorney can help ensure that the victim’s survivors receive due compensation. In order to show proof for compensation, there must exist surviving beneficiaries or dependants and proof of monetary damages that resulted from the victim’s death.
If you need assistance to determine if you should pursue your wrongful death claim, contact the Law Offices of David Benenfeld. For or a free legal consultation and book call today: [number type=”2″] or [number type=”1″].