Workplace Injury Wrongful Death

News & Analysis as of

What Illinois workers’ comp benefits are available to families after a fatal accident?

When a worker dies after a job-related accident, the consequences can be tragic and severe for families. Workers’ compensation law offers a range of benefits for the survivors of industrial accidents....more

OHSA charges were adequately particularized, court finds: disclosure showed violations Crown intended to prove

A judge has rejected an employer’s argument that Occupational Health and Safety Act charges against it were unclear and that the Crown was required to provide further “particulars” of the charges so the employer could defend...more

Two company directors jailed 25 days after worker dies, no safety training provided

Rarely are senior corporate officials jailed for health and safety offences in Canada.  But recently, two company directors of an importer and retailer of furniture and accessories, were jailed for 25 days after a worker died...more

Construction Case Law Update - December, 2014

FLORIDA STATE CASES - Employer Liability Policies & Worker’s Compensation – Although decedent-employee’s estate had standing as a judgment creditor to sue the tortfeasor-employer’s liability insurer for breach of...more

Regulatory Risk Update: Tougher penalties for corporate manslaughter and health and safety offences proposed

On 13 November 2014, the Sentencing Council opened its 14 week public consultation on draft guidelines for corporate manslaughter and health and safety offences. If implemented, the guidelines will mean that large...more

Mine Fatalities: Causes, Prevention, and MSHA Enforcement

A number of fatal mine accidents occurred in the United States between January 1 and September 22, 2014. Coal Mines - - Four underground employees on foot were crushed by equipment in operation. - Two...more

Death Benefits Part One

Work place fatalities in North Carolina have been on the decline over the last few years. However, they are still happening way to often, especially in the trucking and construction industries. Hopefully, you’ll never find...more

Delivery Man Killed By Falling Tape Measure in Tragic Accident

This past Monday––in what can only be described as a tragic accident––a deliveryman died when a tape measure fell from the fiftieth story of a residential development site hitting him squarely on the head. The 58...more

Majority Of OHSA Fines In $100,000 To $150,000 Range In Fatality Cases, Court Notes

In sentencing an employer to a $115,000.00 fine in the case of a tragic workplace death, an Ontario Justice of the Peace has discussed the range of fines against employers convicted of charges under the Occupational Health...more

He Who Hesitates …

The adage “He who hesitates is lost” is particularly true in the world of civil litigation, where statutes of limitations dictate how much time you have to take legal action after an injury accident. Once that time is up, in...more

Real Estate Project Management Firm Fined $100,000 In Workplace Fatality

The death of one of its subcontractor’s employees has resulted in a $100,000 fine to a real estate project management firm....more

Supervisor Jailed Under OHSA After Lying To MOL Inspector, Police

In what is still a relatively rare occurrence, an Ontario supervisor has been sent to jail for violating the Occupational Health and Safety Act after a worker died. Lying to the police and Ministry of Labour inspector did...more

$750K Fine For “Extreme” Criminal Negligence: “More Serious” Than OHSA Offences, Says Appeal Court In Metron Construction Fatality...

A $200,000.00 fine was “manifestly unfit”, the Ontario Court of Appeal has ruled, in raising Metron Construction’s fine to $750,000 for criminal negligence after four workers died on Christmas Eve, 2009. The $200,000 fine...more

Court of Appeal Increases Corporate Fine in Fatal Accident

In December 2009, four workers fell to their deaths while repairing balconies at an apartment complex in north Toronto. The accident was caused by the site supervisor’s negligence (he died in the accident). The construction...more

Labor Secretary Thomas Perez Intends to Turn Up the Heat on the Oil and Gas Industry

Just last week, the U.S. Department of Labor released numbers regarding workplace fatalities. On the positive side, the overall numbers decreased, but numbers for the oil and gas industry rose dramatically (up 23%) in 2012....more

Criminal Negligence Trial Against Ship’s Navigation Officer Begins

The CBC is reporting that the criminal negligence trial of Karl Lilgert, Navigation Officer of the ferry, Queen of the North, has commenced in Vancouver....more

Mourning Alabama Parents FIGHT For Stricter Workplace Regulations

It is difficult to know what to do following a fatal workplace accident. Some families are so blinded by despair, figuring out which way to turn seems impossible. An Alabama father is familiar with this feeling. When his son...more

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