There are many tragic events where a person will suffer an accident at work and will die as a result of the sustained injuries. Although many times, there are restrictions on the types of litigation that may be brought under these circumstances, it is possible to pursue a successful wrongful death claim depending on the unique facts of the case.
A wrongful death action permits a victim’s family to recover for:
- Any medical bills that were incurred by the victim prior to death as a result of the accident;
- Expenses relating to the funeral and burial;
- The reasonable value of the nature and extent of the relationship that was lost, looking at companionship, consortium, services provided, guidance, counsel, and financial support; and
- Compensation for any suffering of the deceased that he experienced before death as a result of the accident.
See Missouri Revised Statutes 537.090.
Nearly a decade ago, in 2005, Missouri underwent a sweeping revision to its tort laws, which impacted many different types of legal actions, but which had the effect of protecting many employers from wrongful death actions because of an overhaul to Missouri’s workers’ compensation regulations. Despite these changes, it is possible to bring a wrongful death action against wrongdoers related to the employment accidents under specific circumstances.
An expansion of workers’ compensation coverage means that many workplace deaths are covered by the Workers’ Compensation Law (WCL) and it is the WCL that deals with the employer’s liability exclusively. However, a careful analysis into the facts of the case may reveal that third-parties were partially or completely responsible for the death, including the manufacturer of defective products or other companies and contractors hired by the employer who negligently caused the accident. In addition, the wrongful death action will be precluded under the WCL only if there is a factual determination that the victim was a statutory employee.
Under Missouri law, a statutory employee who is covered by WCL in the event of a severe accident must satisfy the following criteria:
- He must be an employee who performed work pursuant to a contract;
- The injury occurred while the employee was in or around the business location of the alleged statutory employer; and
- The injury occurred during the regular course of the employer’s business.
The determination that these three factors were present at the time of the accident that led to the death of the victim is not a simple analysis. The court may determine that the victim was not a statutory employee at the time of the accident. Many times, the court will find that there was a divergence from the normal course of business activities. This is a very fact intensive inquiry and it is important to have experienced wrongful death attorneys who understand what evidence needs to be collected.
The reason that undertaking this analysis is critical for the victim’s family is that the WCL provisions severely limit the amount of money that can be recovered after a workplace death.
The death of someone who has gone to work to provide for family and loved ones always is tragic. When that death is the result of negligence during the course of the employment, it may seem like there is little that can be done to get sufficient compensation to support the family left behind. However, the skilled and dedicated Missouri Wrongful Death Attorneys at Hubbard & Kurtz, LLP have the experience and commitment to get you the best possible results. We will sit down with you, learn the facts of what happened and develop a legal strategy that works for you and your family. Then we will fight for your rights while you focus on healing. Please call us at (877) 535-1163 to schedule an initial consultation.
Tags: Missouri injury attorney, Missouri wrongful death attorneys
