When a loved one dies in a workplace accident, surviving family members are left to deal with not only grief and emotional pain, but also financial burdens. In California, families may be eligible to file a wrongful death lawsuit in addition to receiving workers’ compensation death benefits. These claims seek compensation for losses caused by the employer’s or third party’s negligence.
This guide explains who can file a wrongful death claim after a fatal workplace accident, who can be held liable, and how these cases differ from workers’ compensation death benefits.
1. What Is a Wrongful Death Claim in a Workplace Accident?
A wrongful death lawsuit is a civil action filed against a party whose negligence or misconduct resulted in a worker’s death. While workers’ compensation provides limited death benefits, wrongful death lawsuits allow families to recover full financial and non-economic damages.
Wrongful Death Claims vs. Workers’ Compensation Death Benefits:
| Wrongful Death Claim | Workers’ Compensation Death Benefits |
|---|---|
| Filed in civil court | Filed through workers’ comp system |
| Full damages available (lost income, pain and suffering) | Limited to statutory benefits and burial expenses |
| Can sue third parties like contractors, manufacturers, or negligent property owners | Only covers accidents involving the employer |
| Can include punitive damages if gross negligence is proven | No punitive damages available |
2. Who Can File a Wrongful Death Lawsuit After a Fatal Workplace Accident?
Under California Code of Civil Procedure § 377.60, the following individuals may file a wrongful death lawsuit:
- Spouse or registered domestic partner
- Children of the deceased
- Grandchildren (if the worker’s children are also deceased)
- Parents of the deceased (if no spouse or children exist)
- Dependent stepchildren or minors who relied on the deceased for financial support
3. Who Can Be Held Liable in a Fatal Workplace Accident?
1. The Employer (In Limited Cases)
While California’s workers’ compensation system generally prevents lawsuits against employers, exceptions apply if:
- The employer intentionally caused harm (e.g., violence or fraud).
- The employer had no workers’ compensation insurance.
- The employer’s gross negligence is proven in some workplace safety violations.
2. Third Parties (Common Defendants in Wrongful Death Claims)
- Subcontractors who created unsafe working conditions.
- Equipment manufacturers (if a defective machine caused the accident).
- Property owners who failed to maintain safe premises.
- Drivers who caused fatal traffic accidents while the employee was working (e.g., in a delivery truck).
Example: A construction worker dies after a scaffolding collapse, and investigation reveals the scaffold manufacturer sold a defective product. The family files a wrongful death lawsuit against the manufacturer.
4. Common Causes of Fatal Workplace Accidents
- Construction site falls from roofs or scaffolding.
- Electrocution from faulty wiring or exposed circuits.
- Heavy machinery accidents (e.g., crush injuries from forklifts or cranes).
- Defective tools or equipment causing fatal injuries.
- Motor vehicle accidents while performing job duties.
- Exposure to hazardous chemicals leading to fatal illnesses (e.g., asbestos-related diseases).
5. What Compensation Is Available in a Workplace Wrongful Death Claim?
1. Economic Damages (Financial Losses)
- Loss of financial support (deceased’s expected lifetime earnings).
- Funeral and burial expenses.
- Medical expenses related to the fatal injury (if the worker received treatment before death).
- Loss of household services (e.g., childcare, maintenance).
2. Non-Economic Damages (Emotional Losses)
- Loss of companionship and emotional support.
- Loss of guidance and care for surviving children.
- Emotional pain and suffering of family members.
3. Punitive Damages (If Gross Negligence is Proven)
- Available if a third party or employer’s reckless conduct caused the fatality (e.g., knowing violations of safety laws).
6. How to Prove Negligence in a Workplace Wrongful Death Case
To win a wrongful death lawsuit, the plaintiff must show that:
- The defendant owed a duty of care to the deceased.
- The defendant breached that duty (e.g., unsafe worksite, defective equipment).
- The breach directly caused the worker’s death.
- The family suffered measurable damages (emotional and financial losses).
Key Evidence to Strengthen the Case:
- Cal/OSHA safety violation reports.
- Accident scene photos.
- Witness statements from coworkers.
- Defective product records (if faulty equipment caused the accident).
- Autopsy reports.
- Employer’s internal safety records.
7. Workers’ Compensation Death Benefits: What Families Should Know
Even if a wrongful death lawsuit is filed, families may also be entitled to workers’ compensation death benefits, including:
- Up to $10,000 for burial expenses.
- Ongoing financial benefits for dependents, based on the deceased’s income (typically 2/3 of their average weekly wage, subject to state caps).
Important: A wrongful death lawsuit can be filed in addition to workers’ comp benefits if a third party is involved.
8. Statute of Limitations for Workplace Wrongful Death Claims
- Wrongful Death Lawsuit: Must be filed within two years from the date of death under California Code of Civil Procedure § 335.1.
- Workers’ Compensation Death Benefits: Claims must be filed within one year from the date of death or injury that caused the fatality.
- If a government entity (e.g., Caltrans or a city) is liable, you have six months to file a notice of claim.
9. Why Hiring a Wrongful Death Lawyer Is Critical
Fatal workplace accident cases often involve corporate defendants, subcontractors, manufacturers, and insurers, all working to limit their liability. A San Diego wrongful death attorney can:
- Identify all responsible parties (employer, third parties, manufacturers).
- Preserve key evidence, including safety reports and accident scene documentation.
- Maximize compensation by filing both workers’ comp and civil claims.
- Take the case to trial if necessary.
Most wrongful death attorneys work on a contingency basis, meaning you pay nothing unless they win your case.
Conclusion
When a loved one dies in a fatal workplace accident, surviving family members have the right to pursue both workers’ compensation death benefits and a wrongful death lawsuit if negligence by a third party or employer contributed to the tragedy. These cases are complex, requiring extensive investigation and legal expertise to secure full compensation. An experienced wrongful death lawyer can help families navigate the process and hold negligent parties accountable.
SEE ALSO: Top Wrongful Death Settlement Amounts in California
References
- California Code of Civil Procedure § 377.60. (2023). Wrongful death claim eligibility. Retrieved from https://leginfo.legislature.ca.gov
- California Code of Civil Procedure § 335.1. (2023). Statute of limitations for wrongful death lawsuits. Retrieved from https://leginfo.legislature.ca.gov
- California Division of Occupational Safety and Health (Cal/OSHA). (2023). Fatal workplace accident reporting and safety regulations. Retrieved from https://www.dir.ca.gov/dosh
- California Department of Industrial Relations. (2023). Workers’ compensation death benefits overview. Retrieved from https://www.dir.ca.gov