News & Analysis as of

Wrongful Death Employer Liability Issues

MOL Clarifies its Interpretation of “Critical Injury”

by Dentons on

The Ontario Occupational Health and Safety Act requires employers to report fatalities and “critical injuries” to the Ontario Ministry of Labour. The Ministry of Labour has recently released clarification on its...more

Health and safety sentences: update on the sentencing guidelines one year on

by Dentons on

Employers have a general duty to ensure the safety of their employees under section 2 of the Health and Safety at Work Act 1974. On 1 February 2016, the new sentencing guidelines for health and safety offences came into...more

Trial judge’s misapprehension of the evidence results in new trial for workplace fatality

by Dentons on

We previously posted about the trial decision in R. v. Precision Drilling Ltd., 2015 ABPC 115 (CanLII), where the court found the employer guilty of two charges arising from a workplace fatality at a drilling rig. The...more

Longshoreman’s Negligence Claim Against a Vessel Limited to § 905(b)

In Seaboard Spirit LTD, et al. v. Antwon Hyman, et al., No. 15-12953, an unpublished opinion issued by the Eleventh Circuit on December 5, 2016, the Court of Appeals reversed a District Court’s opinion that had expanded a...more

Supervisor’s OHSA conviction upheld on appeal: prosecutor not required to prove what “hazard” caused concrete worker’s death

by Dentons on

A supervisor’s Occupational Health and Safety Act conviction of failing to sufficiently and competently supervise work has been upheld on appeal, after a concrete worker died. The supervisor operated and managed a...more

[Webinar] Post-OSHA Citation: Contest Process, Settlement Goals and Strategy - September 7th, 1:00pm EDT

by Conn Maciel Carey LLP on

You just received a set of OSHA citations in the mail. What now? Should we accept the citations and pay the penalty? Should we participate in an Informal Settlement Conference with the OSHA Area Office? Should we contest...more

Experts Alone Cannot Save You - Australia Labour, Employment Workplace Safety Alert

by K&L Gates LLP on

A recent decision by the NSW Industrial Court (Court) is a further reminder that businesses can't hide behind appointed experts or delegate their safety obligations and responsibilities to others. It is also a reminder that...more

Health Alert (Australia) - September 28, 2015

by DLA Piper on

In This Issue: -Judgments; Legislation; and Reports In This Issue: -Judgments; Legislation; and Reports Australia Federal Court Alphapharm Pty Ltd v H Lundbeck A/S [2015] FCAFC...more

Wis. Supreme Court Applies the Discovery Rule to Accrual of Wrongful Death Claims

by Foley & Lardner LLP on

On June 24th, Wisconsin’s supreme court decided that the discovery rule—that is, the rule that a tort claim for which the legislature has provided no other rule “accrues” for statute-of-limitations purposes when the plaintiff...more

Case Update: Families of Factory Workers Awarded Punitive Damages to the Tune of Almost $40 Million

A few weeks ago, we told you about a jury awarding over eight million dollars to the families of two factory workers who were killed by a co-worker in 2010. As it turns out, that award was just the beginning. Last week, a...more

Illinois company’s safety violations contributed to worker’s death

by Howard Ankin on

A 21-year-old auto manufacturing operator was crushed to death in 2014 because of safety violations at an Illinois supply plant, according to the U.S. Occupational Safety and Health Administration....more

Jury Awards Families of Murdered Employees Over $8 Million

Recently, a Philadelphia jury awarded over $8 million dollars to the families of two factory workers killed by a co-worker in 2010. Concerns about the employee had been reported in the past, and she was suspended the day she...more

Bus Driver’s Aneurysm Found Compensable

by Collins & Lacy, P.C. on

The South Carolina Court of Appeals issued an opinion on February 18, 2015, wherein it found a bus driver’s death due to an aneurysm compensable and the driver’s common-law wife entitled to benefits. ...more

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

by Dentons on

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

by Carlton Fields on

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

Illinois Employer May Be Liable for Failing to Investigate Employee's Murderous Email Threats

by Faegre Baker Daniels on

Can an employer be liable for wrongful death by failing to investigate an employee's email threats to murder his family? The Illinois Appellate Court recently ruled that the answer may be "yes" based on the employer's...more

Employer Must Defend Against A Wrongful Death Lawsuit For Not Monitoring Employee Computer Use

by Franczek Radelet P.C. on

An Illinois Appellate Court recently held that an employer must defend against a wrongful death lawsuit alleging that it was negligent in failing to investigate death threats that its employee had emailed to his family from...more

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

by Dentons on

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

Texas Court Holds Employer Not Liable for Drunk Employee's Death

by Baker Donelson on

A state appellate court in Houston, Texas recently held that an employer had no duty to prevent an employee from injuring himself as a result of his own intoxication. ...more

No Automatic OHSA Liability After Equipment-Failure Accident: Charge Dismissed Where Use Of Equipment Not “Likely”

by Dentons on

Employers are not required to anticipate all safety hazards, however unforeseeable. A recent case illustrates this point. In a tragic accident, a worker died when a brace (which formed part of a makeshift winch used to...more

Supreme Court of Virginia Grants Cert in Respondeat Superior Case

by Sands Anderson PC on

Hat tip to the Virginia Lawyers Weekly for covering a story about a recent case that may have a far-reaching impact on the doctrine of respondeat superior in Virginia. The Supreme Court of Virginia has granted certiorari in a...more

Addressing Workplace Hazards: Law To Be Clarified By Alberta’s Highest Court

by Dentons on

The Alberta Court of Appeal has agreed to hear an employer’s appeal of a judgment of the Court of Queen’s Bench which overturned acquittals, by a Provincial Court judge, of two charges under the Alberta Occupational Health...more

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