Massachusetts Personal Injury Library
Filing a Wrongful Death Lawsuit After a Massachusetts Work Accident
The death of a family member as a result of a work-related accident is an incredibly tragic event. Unfortunately, depending on the circumstances of the incident, filing a wrongful death lawsuit may not be an option under Massachusetts law.
Check with a wrongful death attorney to find out whether you are entitled to file a wrongful death claim in Massachusetts.
Wrongful Death Caused by Negligence
When someone is killed by the negligent actions of a person or company, surviving members may be entitled to compensation through a Massachusetts wrongful death lawsuit.
However, the right to bring such a claim may be affected if the victim was employed by the negligent entity.
Workers Compensation
One factor, aside from negligence, in determining whether an employer may be sued for wrongful death is whether or not the victim accepted workmen’s compensation for the related injury
The law prohibits employers from being sued for wrongful death by surviving family members of a person who accepted workmen’s compensation for the related injury.
For instance, if a warehouse worker suffers head trauma when a pallet falls on him and he files for workmen’s compensation, but then dies a few weeks later due to brain injuries resulting from the work accident, his family cannot sue his employer for wrongful death.
Conversely, if the employee did not take workmen’s compensation, then their beneficiaries will likely be eligible for wrongful death compensation. If the death occurred immediately following the accident, the employee clearly did not have time to file a workmen’s compensation claim, and the employer could be held liable for their death.
Third Party Exception
If a person is killed in a Massachusetts workplace accident by a third party, then filing a wrongful death lawsuit against the negligent person or entity is allowed by law regardless of whether workmen’s compensation was taken.
For example, if that same warehouse employee was killed after being struck by a product delivery truck, the worker’s family and/or dependents could file a wrongful death suit against the trucking company and/or the individual driver who was operating the delivery truck.
Filing a Massachusetts Wrongful Death Lawsuit
When filing a wrongful death lawsuit, there are several key components to bear in mind:
- Make sure to preserve and compile any and all evidence which may help your case.
- Initiate an investigation into the workplace accident (using an independent party, if necessary).
- Gather witness statements and employee accounts of the situation leading up to and following the accident.
Next, it would be in your best interest to consult with an experienced personal injury attorney that specializes in fatal on-the-job lawsuits. It is important that the lawyer has handled these types of cases and that they understand wrongful death and Massachusetts workmen’s compensation cases.
You’ll also need to file the wrongful death lawsuit before the statute of limitations expires. In Massachusetts, the deadline to file suit is 3 years from the date of the incident (in most cases).
Contacting Wrongful Death Attorney in Massachusetts
If your loved one, has been killed in a work site accident, it would be in your best interest to contact an experienced Boston wrongful death lawyer who will protect your rights and ensure you get the justice and compensation you rightfully deserve.
Call now to schedule a FREE evaluation of your case: 1-888-208-1695.
