What Counts as a Workplace Wrongful Death?
Workplace wrongful death occurs when an employee dies due to:
- unsafe working conditions
- employer negligence
- defective equipment
- third-party negligence
These preventable deaths can result from various dangerous situations that employers and other parties should have prevented:
- Construction Accidents: Falls from scaffolding, ladders, or rooftops, machinery accidents, structural collapses, and crane accidents that occur when safety protocols aren’t followed or equipment isn’t properly maintained.
- Electrocution or Explosions: Fatal electrical accidents from faulty wiring, inadequate lockout/tagout procedures, or explosions from gas leaks, chemical reactions, or combustible materials in industrial settings.
- Fatal Equipment Failures: Deaths caused by defective machinery, inadequate safety guards, improper maintenance, or failure to provide proper training on dangerous equipment operation.
- Industrial or Factory Accidents: Fatalities in manufacturing plants, processing facilities, or warehouses from conveyor belt accidents, chemical exposure, machinery entanglement, or crushing injuries.
- Logging or Oil Field Incidents: High-risk industries like logging, oil drilling, and mining where workers face constant danger from heavy equipment, falling trees, explosions, or equipment failures.
- Lack of Required Protective Gear or Training: Deaths that occur when employers fail to provide necessary safety equipment, proper training, or adequate supervision for dangerous job tasks.
- Repeated OSHA Violations: Fatalities at workplaces with documented safety violations, showing a pattern of employer negligence and disregard for worker safety.
- Exposure to Toxic Substances Without Warnings: Deaths from asbestos, chemicals, pesticides, or other hazardous materials when employers fail to warn workers or provide proper protective equipment.
- Transportation Deaths: Fatal accidents involving company vehicles, delivery trucks, or other work-related driving when employers fail to maintain vehicles or properly train drivers.
If your loved one died in any of these workplace situations, you may have grounds for a wrongful death claim beyond workers’ compensation benefits. investigate the circumstances and work with medical experts to determine if substandard care caused your loved one’s death.
Who Can File a Claim in Arkansas and Oklahoma?
Arkansas Workplace Wrongful Death Law
Under Arkansas law, the personal representative of the deceased worker’s estate can file a wrongful death lawsuit on behalf of surviving family members. This typically includes spouses, children, and parents who were financially dependent on the deceased worker.
Oklahoma Workplace Wrongful Death Law
Oklahoma follows similar rules, allowing the personal representative to file wrongful death claims for the benefit of surviving family members who suffered losses due to the workplace death.
How These Cases Differ from Workers’ Compensation Claims
While workers’ compensation provides some benefits regardless of fault, wrongful death claims require proving negligence but can result in significantly higher compensation. Workers’ comp benefits are limited and don’t include pain and suffering damages, while wrongful death claims can provide full compensation for all losses.
Third-Party Liability Possibilities
Many workplace deaths involve third parties beyond the employer, including equipment manufacturers, subcontractors, property owners, or other companies working at the site. These third-party claims can provide substantial additional compensation beyond workers’ compensation benefits.
Why Acting Quickly Is Crucial
Arkansas and Oklahoma have strict statutes of limitation for wrongful death claims. Arkansas usually is 3 years but Oklahoma can be 2 years, but in some cases, if involving governmental tort claims, it can be as short as one year or less, from the negligence and/or date of death. However, evidence can disappear quickly, witnesses may become unavailable, and responsible parties often begin damage control immediately after workplace fatalities.
What Compensation Can Families Recover?
Families who lose loved ones in workplace accidents may be entitled to significant compensation beyond workers’ compensation benefits.
In workplace wrongful death cases, damages may include:
- Funeral and Burial Costs
- Medical Bills Prior to Death
- Loss of Income and Future Earnings
- Pain and Suffering
- Loss of Companionship and Household Services
- Loss of Benefits and Retirement
- Punitive Damages for Extreme Negligence
The value of your workplace wrongful death claim depends on factors including your loved one’s age, earning capacity, family situation, and the circumstances of the death. Our experienced workplace wrongful death lawyers work with economists and vocational experts to ensure we pursue the full compensation your family deserves.with medical experts and economists to ensure we pursue the full compensation your family deserves.
Our Process for Workplace Wrongful Death Cases
Aggressive Legal Representation: We take on large employers, insurance companies, and corporate defendants who try to minimize their liability for preventable workplace deaths.
- Immediate Scene Investigation: We respond quickly to investigate the accident scene before evidence is disturbed or removed. This includes photographing conditions, equipment, and any safety violations that contributed to the fatal accident.
- Comprehensive Safety Analysis: Our legal team reviews workplace safety protocols, training records, maintenance logs, and previous incident reports to identify patterns of negligence or safety violations.
- OSHA Report Review: We thoroughly analyze OSHA investigation reports, citations, and findings to understand regulatory violations and use this evidence to strengthen your wrongful death claim.
- Expert Collaboration: We work with workplace safety experts, engineers, and industry specialists who can identify safety violations, equipment defects, and negligent practices that caused the fatal accident.
- Witness and Coworker Interviews: We interview witnesses, coworkers, and supervisors to gather testimony about unsafe conditions, inadequate training, or other factors that contributed to the workplace death.
- Workers’ Compensation Coordination: We handle the complex relationship between workers’ compensation benefits and wrongful death claims, ensuring you receive all available compensation without jeopardizing either claim.
- Third-Party Investigation: We identify all potentially liable parties beyond the employer, including equipment manufacturers, contractors, subcontractors, and property owners who may share responsibility for the fatal accident.
Time Is Critical in Workplace Death Cases
Workplace wrongful death cases require immediate action because:
- Accident scenes may be cleaned up or altered
- Equipment may be repaired or replaced
- Documents and records can disappear
- Witnesses’ memories fade over time
- Surveillance footage may be deleted
- OSHA investigations have time limits
- Statutes of limitation impose strict deadlines
Employers and their insurance companies often begin damage control immediately after workplace fatalities. Having an experienced workplace wrongful death attorney on your side from the beginning ensures that crucial evidence is preserved and your family’s rights are protected.
Why Look to Cook?
We’ve successfully handled workplace wrongful death cases across Arkansas and Oklahoma for over 60 years. Our experience with complex industrial accidents, construction deaths, and workplace fatalities gives us the knowledge needed to achieve maximum results, promising:
- Deep Knowledge of Workers’ Comp and Wrongful Death Intersections
- Aggressive Litigation Experience
- Compassionate Support During Difficult Times
- No Upfront Costs
- Local Expertise and Resources
- Proven Track Record of Results
- Comprehensive Case Preparation
- We leave no stone unturned.
