Occupational safety is important in every single workplace, not just the most dangerous ones. The Occupational Safety and Health Administration (OSHA) provides guidance designed to minimize workplace dangers across every industry. Yet, some jobs are more dangerous than others, so adhering to safety regulations is even more important for employees. In these workplaces where danger is an everyday occurrence, what happens when an employee sustains a fatal injury, leaving their family grieving? 

Talking to a Los Angeles wrongful death attorney can be a great help in navigating the legal process, investigating the case, and reaching a resolution with the parties involved. We at Vaziri Law grieve with you and will devote ourselves to helping you obtain justice for your lost loved one. 

What are Occupational Hazards? 

Occupational hazards are risks and dangers that could potentially lead to injury in the workplace. In accordance with OSHA, every workplace must ensure the safety of everyone in the vicinity to minimize the risk of damage. Every job has its own occupational risks. These are some of the types of risks you may have in a workplace: 

• Physical – This includes broken bones, bruises, falls, and even hearing loss. These injuries can happen over time or instantly in the workplace. 

• Chemical – These are substances that can harm people or the environment. Chemical exposure can occur via solids, liquids, gases, vapors, fumes and/or dust. Exposure to any noxious or poisonous chemical can cause various types of bodily harm like third-degree burns, cancer, and even respiratory problems. These chemicals can also reduce air quality, poison our water, and harm wildlife.  

• Biological – This relates to pathogens that can be transmitted in the workplace. This includes HIV, Hepatitis, COVID, and any other disease or illness.  

• Ergonomic – This refers to damages related to working at a desk, on a factory floor, or a healthcare setting. These injuries can develop over time and can cause carpal tunnel syndrome, lower back pain, and trigger finger.  

• Psychosocial – This is a mental injury caused by abusive behavior, pressure, or retaliation in the workplace. It can lead to depression, PTSD, and even exacerbate underlying health problems.  

What is Wrongful Death? 

Wrongful death is a type of personal injury case in which the victim of an accident sustained fatal injuries or was killed instantly in the accident. If the accident is proven to have been caused by negligence, the surviving family members can pursue a wrongful death lawsuit in Los Angeles to help afford funerary costs, lost income, and emotional distress.  

When someone loses their life at work, an investigation must be conducted to determine fault. While every single employer in the United States must provide a safe working environment, individual employees, vendors, or machinery can cause a dangerous accident.  

When do Hazards Lead to Death? 

If not caught in time, occupational hazards can lead to a wrongful death. OSHA requires all workplaces to keep a record of all occupational injuries, illnesses, and deaths. These must be reported to address changes within the workplace and keep employees as safe as possible. The unfortunate reality is sometimes these hazards lead to wrongful deaths before they can be addressed. Some of the most common workplace hazards include chemical exposure, crushing or being caught between objects, trips and falls, and being struck by falling objects. 

My Relative Died at Work. What Happens Now?   

In California, a wrongful death suit may be brought forward by a surviving spouse, child, partner, or parent(s). If there is no one who meets the criteria, then a dependent of that person or a surviving former spouse who is found by the court to have ended the marriage in good faith and had a good relationship with the deceased can file a suit.  

Investigation 

As a workplace incident and a reported death, an OSHA investigation will be done at the scene and reported to the proper authorities. Each investigation will differ based on the circumstances surrounding it, but these are some of the common factors in an OSHA investigation:  

• Interviews –OSHA representatives will interview employees to get their perspective on the events.  

• Evidence Collecting – They will then collect evidence surrounding the incident. This could be anything from taking the equipment they were using at the time to collecting photos and video evidence for review. 

• Implementing New Safety Measures – If it was found that the cause of death was a workplace error, the workplace must address the issue and provide additional training to reflect that change.  

When to Seek a Lawyer 

If you believe your loved one died due to workplace negligence, you may have a case. Contact a wrongful death attorney as soon as possible. The longer you wait, the more difficult it could be to collect evidence and witness statements. Work colleague testimonies, security footage, and work schedules may degrade with time, or be erased entirely. A wrongful death lawyer at Vaziri Law can help you build a solid case while allowing you space to grieve your loved one. 

What Can a Lawyer Do for Me?  

Talking to a wrongful death lawyer can not only provide a guiding hand in the legal process, but they can also offer support during some of the darkest days of your life. While you and your family grieve, a lawyer will conduct their own investigation to figure out if you have a case.  

What Can an Investigation Prove? 

An investigation is a key part in obtaining a settlement for a wrongful death case. These are some of the key pieces of evidence a wrongful death attorney can uncover in an investigation:  

• Compliance with OSHA – A lawyer will be able to read the reports documenting OSHA’s prior investigation and past data to see if the workplace was safe. 

• Unforeseeable Circumstances – An investigation will show if the death could not be predicted or averted. 

• Employee Violation – It can hurt your case if the deceased employee was found to be breaking regulations. 

• Lack of Willfulness – This implies that the workplace was aware of the events that would lead to an injury/death but did nothing about it.  

Communication with Insurance and the Workplace  

In many cases, insurance companies and workplaces will try to either lowball you or deny your case. Having a lawyer in your corner can be a great help in negotiating a settlement aggressively and ensuring you receive the compensation you deserve. These are some of the common ways the insurance companies and workplaces may try to stonewall you:  

• Victim blaming – The company may put the blame on the deceased. 

• Multiple claimants– They may claim there are too many people involved in the case 

• Disagreements over value – The companies may believe that your family is asking for too much  

• Insurance payouts – An insurance company may try to lowball you to avoid paying you what you deserve  

What Can I Get Reimbursed in a Wrongful Death Lawsuit? 

Depending on the information surrounding each case, compensation changes. However, in California, these are a list of damages that could be reimbursed via a wrongful death suit:  

• Medical expenses 

• Funeral and burial costs 

• Loss of income 

• Loss of inheritance  

• Loss of household services 

• Loss of care and companionship 

• Estate expenses 

• Pain and suffering of the deceased  

Our team at Vaziri Law, LLLP, is dedicated to fighting for you and your family. We’ve recovered over $1 billion for clients across California. Contact us today for a consultation!