It is traumatic for you and your loved ones when you get injured in a fatal workplace accident. Fatal accidents often result in wrongful death in the workplace. However, in the event that the victim survives, they may file a claim for compensation to recover the amount of loss suffered from the injuries sustained.
That said, the law recognizes that certain risk factors heighten the risk of injuries in your workplace. As such, employers are mandated to ensure that the workplace is safe for all employees. However, if they fail to take the necessary precautions -in the event of a fatal accident- an employee can file a suit in order to receive workers’ compensation.
But are fatal workplace accidents different from other accidents? What does the law provide when it comes to workers’ compensation for fatal accidents in Minnesota?
Read on to understand all the facts you need to know about Minnesota’s workers’ compensation for fatal accidents.
Fatal Workplace Accidents: The Statistics
Fatal accidents tend to occur in any occupation. However, some settings carry more significant risks to their workers than others. For example, law enforcement officers, factory workers and construction workers have a higher chance of falling victim to fatal workplace accidents.
In 2019 alone, the U.S Bureau of Statistics reported approximately 80 fatal work-related injuries in Minnesota. In addition, the report suggested that this was a 2% increase in the number of fatal injuries from the previous year. Although there are measures to avoid this, the number has constantly increased over the years.
Of the fatal work injuries recorded, transportation injuries and slips and falls accounted for most of the accidents. Others, such as contact with objects and equipment and exposure to toxic environments, accounted for a small portion of the fatal injuries in the workplace.
Such statistics denote a worrying situation in the workplace.
Fatal Workplace Injuries in Minnesota: The Law
Minnesota’s jurisdiction aims at compensating injured workers in the form of damages. Therefore, if you are injured in your workplace, then you have a right to initiate a claim for compensation.
The truth is that fatal workplace injuries often carry a huge economic burden on both the victim and the family members. As such, the law sets out to mitigate this in the form of prompt compensation to the injured worker.
Apart from reporting to the department of labor and industry within 48 hours, you must also file the First Report of Injury (FROI) to proceed with the work-related injury claims.
This helps form the basis of your claim. However, before taking the necessary step of filing a claim, it is imperative to consult a lawyer who will help establish a solid case.
Who is responsible in a fatal workplace accident?
The OSHA envisions protecting workers against workplace hazards. This is by putting in place standards that have to be met -for a workplace to be deemed safe. Pertinent to their requirements is that the employers provide regular supervision in reporting any workplace-related illness or injuries. As such, employers are primarily considered to have a duty of care to the employees. This means that in the event of a fatal accident, they may be held responsible.
Apart from employers, several parties may be held liable for fatal workplace accidents. However, it is often difficult to point out a liable party. Therefore, in the event of an injury, you will need the help of an attorney to determine the cause of the injury and the responsible party. Gathering and establishing such facts is imperative to building a robust claim.
How can an Injury Lawyer Help?
Fatal accidents and injury claims are often complicated. But with the help of an attorney, you can get the full compensation you need.
An attorney will:
- Ensure you get the medical care you need
- Formulate a strategy that helps you obtain a satisfactory settlement.
- Provide you with legal representation
- Compute-with the help of an economist- the amount of compensation you need
- Review state and federal OSHA reports and records
- Initiate the claim within the provided timeframe
You have a right to initiate a claim for compensation in case you are injured at the workplace. This helps ensure you get the compensation you need, covering your medical bills and your lost wages.
However, to increase your chances of success, it is imperative to have an attorney. An attorney will help you navigate the whole legal process and provide you with the resources you need to get full compensation.
That said, if you are injured in a fatal workplace accident in Minnesota, don’t hesitate to contact the Law firm of Patterson Dahlberg Injury Lawyers. With decades of experience, we know how to maximize your claims and deliver the best outcome for you and your family.
Contact us for a free consultation.