Workplace Wrongful Death Lawyer
Workplace Wrongful Death Lawyer - Wrongful death attorneys fighting for your family. Free consultation. Call (818) 514-7680.
California Wrongful Death Attorneys
Compassionate wrongful death representation for families who have lost a loved one due to negligence. We handle wrongful death claims from car accidents, truck accidents, medical malpractice, workplace accidents, defective products, and elder abuse.
California wrongful death statute of limitations: two years. Free consultation: (818) 514-7680.
Fees, Costs and Case Results
Where representation is offered on a contingency basis there is no attorney fee unless we recover, and the firm advances case costs — filing fees, expert witnesses and medical records — which are then repaid out of any recovery. If there is no recovery, you owe no attorney fee. The specific terms that apply to a matter are set out in the written fee agreement for that matter.
Where this site refers to a verdict, settlement or court order, that result was dependent on the facts of that case, and results will differ if based on different facts. Past results do not predict or guarantee the outcome of any other matter, and no particular outcome is promised or guaranteed.
Frequently Asked Questions
- Can I file a wrongful death lawsuit if my family member died in a workplace accident in California?
- Yes. While workers' compensation provides benefits regardless of fault, you can file a wrongful death lawsuit against third parties whose negligence contributed to the death. Third parties include equipment manufacturers, subcontractors, property owners, and other non-employer entities. You cannot sue the employer directly but third-party claims often yield significantly higher compensation.
- What is the difference between workers' compensation death benefits and a wrongful death lawsuit?
- Workers' compensation death benefits are limited statutory amounts paid by the employer's insurer regardless of fault. A wrongful death lawsuit against third parties allows full recovery including lost future earnings, loss of companionship, and potentially punitive damages. Workers' comp benefits are typically $250,000-$320,000 total, while third-party wrongful death claims can exceed millions.
- What are common Cal/OSHA violations that lead to fatal workplace accidents?
- Common violations include inadequate fall protection on construction sites, lack of machine guarding, confined space entry failures, trenching without shoring, electrical hazards, inadequate lockout/tagout procedures, scaffold safety violations, crane operation failures, hazardous material exposure, and failure to provide proper personal protective equipment (PPE).
- Who qualifies as a third party in a workplace wrongful death claim?
- Third parties include: equipment and machinery manufacturers (defective products), property owners (premises liability), general contractors (for subcontractor employees), subcontractors, architects/engineers (design defects), chemical manufacturers, vehicle drivers who cause on-the-job accidents, and any entity other than the direct employer whose negligence contributed to the fatal accident.
- What are the most dangerous occupations in California?
- The most dangerous California occupations include construction workers (falls, struck-by), agricultural workers (machinery, heat), transportation workers (vehicle accidents), oil/gas workers (explosions, falls), warehouse workers (forklift accidents), electrical workers (electrocution), logging workers, and roofing contractors. Construction accounts for the most workplace fatalities annually.
- Can Cal/OSHA citations help a wrongful death case?
- Yes. Cal/OSHA citations documenting safety violations are powerful evidence in wrongful death cases. Citations establish that the employer or other party failed to maintain legally required safety standards. While Cal/OSHA citations may not be directly admissible, the underlying safety violations they document can be used to prove negligence.
- What is the statute of limitations for a workplace wrongful death claim?
- The statute of limitations is two years from the date of death for wrongful death claims (CCP 335.1). Workers' compensation death benefit claims must be filed within one year. However, third-party product liability claims may have different deadlines. Contact an attorney immediately to preserve all claims.
- What if my family member was partly at fault for the workplace accident?
- California's pure comparative negligence system allows recovery even if the deceased worker was partially at fault. The damages are reduced by their percentage of fault. Additionally, employer negligence may be relevant even though the employer cannot be directly sued -- it can reduce the percentage of fault attributed to the deceased worker in third-party claims.
Contact Trembach Law Firm
Trembach Law Firm, APC
27001 Agoura Road, Suite 350, Calabasas, CA 91301
Phone: (818) 514-7680
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