Can I File a Workplace Wrongful Death Lawsuit if My Spouse was Killed at Work? 

 Posted on March 10, 2022 in Personal Injury

Certain careers place their employees at a particularly high risk of death or serious workplace injury. Loggers, roofers, steelworkers, and other similar hands-on employees who work with heavy objects and machinery, especially at great heights, are frequently injured on the job. When an employee is injured on the job in Illinois, workers’ compensation usually covers the injury or loss suffered by an employee or their family. People generally cannot sue their employers for negligence. But when a third party was involved, there may be a potential for a lawsuit. 

Why is Workers’ Compensation Mandated? 

While there are exceptions for employees who are under the influence of drugs or alcohol, employers in Illinois usually must have workers’ compensation so that an employee who is injured or killed on the job can be fairly compensated, regardless of who was at fault. This benefits the employees by allowing them to collect benefits even if the employer was not directly at fault, including incidents where an employee: 

• Slips, trips, or falls

• Sustains a repetitive stress injury

• Acquires an illness from exposure to chemicals or other conditions 

• Misses wages because of an injury

• Needs extensive rehabilitative treatment such as physical therapy 

• Dies on the job 

While workers’ compensation is a reliable method of compensating injured workers, it often does not cover the full extent of a worker’s injuries or losses. 

Third-Party Lawsuits

Workplaces are often busy and crowded with third parties who are also helping complete the work. When an employee dies on a job site because of the negligence of a third party, the employee may be able to sue the third party. For example, if a construction worker was crushed by machinery that was owned and operated by a third party who was subcontracted to perform the work, the construction worker’s family could try to sue the third party. 

In a third-party lawsuit, the person who files the lawsuit is responsible for proving the third party was responsible. This involves collecting evidence and making a strong case that the third-party breached the duty of care they owed the worker through negligence. Having an assertive workplace injuries attorney on your side during this process can make it much less stressful and improve your prospects of success. 

Call an Experienced Chicago Workplace Death Lawyer

The skilled team of Chicago workplace fatality attorneys at Winters Salzetta O'Brien & Richardson, LLC have helped grieving families pursue legal justice and compensation after the death of a loved one at work. While no amount of money can bring back a deceased loved one, financial restitution can be a much-needed resource for a family who has lost a source of income. We will work hard to manage the legal aspects of the case so you do not have another burden to bear. Call us today at 312-236-6324 to schedule a free and confidential consultation. 

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapterID=68