Unfortunately, the worst consequences of work site accident are not lung damage, amputations, or carpal tunnel syndrome. No, many people die during their employment as well. Here are some cases that deal with that:
2014; Massachusetts; $500,000 Settlement:
Suddenly, a young construction foreman falls ill at work and dies of a heart attack. He is only 32 years old. His family quickly filed a claim for workers’ compensation benefits with the employer. They said that the emotional and physical stress of the job was to blame for his health issues. The company said that, instead of that, his family medical history, obesity, smoking, and high blood pressure combined to give him a heart attack. Furthermore, they argued his job was merely managerial and supervisory and could not have done this. This issue went to trial and even proceeded into the preliminary stage of interviewing witnesses. However, soon after this, both sides met and arranged a confidential settlement of $500,000.
2010; New Jersey; $1,000,000 Settlement:
The employee in this case was working on a scaffold seven stories up when he accidentally stepped through a cutout and fell to his death. The family of the decedent wanted to sue the company rather than bring a workers’ compensation claim. They did not have to look very far to find various instances of intentional misdeeds such as multiple evasions of regulations. Once they exhibited various health and safety failures, the defendants were quick to settle. They gave the decedent’s family $1,000,000.
2013; Massachusetts; $400,000 Settlement:
This was a different kind of workers’ compensation case, even with the wrongful death component. A middle-aged chief financial officer went down to Florida for a work convention. A day after it had concluded, he was getting ready to return home when he collapsed and died of a heart attack. His wife brought a workers’ compensation claim against the company for benefits. The company raised a number of unique and significant critiques to this claim. First, the family already received a considerable sum of money through his salary that workers’ compensation seemed out of place for them. Second, they argued that since the convention was over he was longer working in the course of his employment and, thus, workers’ compensation was not proper. Finally, they doubted that executives could receive workers’ compensation in the first place. To the chagrin of those accepting these defenses, they were never tested because the parties agreed to end the controversy in a $400,000 private settlement.
2011; Nevada; $637,000 Settlement:
A young man was out delivering papers for his company one day when he was involved in a fatal car accident. He was survived by a wife and three children. Those survivors brought a wrongful death claim against the other driver and a workers’ compensation claim against the company the decedent worked for. This suit hardly got off the ground before it settled. The family received $50,000 from the other driver and $587,000 from deceased man’s employer.
2012; Illinois; $95,000 Settlement:
The man at the center of this drama was a heating and air conditioning worker for a company. He was going around and conducting various tasks when he slipped and fell down a ladder. He died from complications relating to these injuries. His wife brought a claim against the company for benefits. She claimed that they should have kept the environment in a better condition, trained him better, and given him more assistance. They denied all of these charges and, instead, offered to pay the decedent’s family almost $100,000. The plaintiffs accepted this figure and the matter never went to trial.
2004; Illinois; $2,664,636 Settlement:
A plumber in his mid-forties was taking down scaffolding six stories up when he accidentally slipped and fell. He died upon impact. He was survived by a wife and three kids. Together they brought a claim against his employer as well as two other defendants (the contractors who erected the scaffolding). The employer did not have much of an argument because the decedent died on the job but the other two defendants claimed that the victim was contributorily negligent and should not have attempted to take down someone else’s scaffolding in the first place. To this, the plaintiffs replied that the defendants negligently erected the scaffold and the employer created an unsafe workplace. The defendants came up with a combined settlement amount of $2,664,636 and the plaintiffs agreed to withdraw their case in acceptance of it.
1995; Rhode Island; $340,950 Settlement:
The plaintiff in this case was a child. His father was a fisherman who died after a lobster bit his finger. The bite soon became infected and spread to his heart and killed him of endocarditis. The child brought a workers’ compensation claim seeking benefits from the employer as his son. The company dodged a lot. They argued that the kid was not even the decedent’s child and that this death was not in the course of his employment. However, after the matter dragged on for over one year, settlement looked more appealing than continued litigation so they offered the child $340,950. The child’s representative accepted.
Was Your Loved One Killed at Work?
Rosenfeld Injury Lawyers is committed to securing the most favorable recoveries possible for families who have lost a loved one in a work-related incident. Our firm appreciates the emotional and financial impact the loss of a loved one has on all family members. We have an excellent track record of securing record-setting recoveries for families in wrongful death cases involving personal injury and workers compensation. Contact our office today for a free review of your circumstance with attorneys who have worked on matters similar to yours.