Losing a loved one in a workplace accident is devastating. You might wonder if you can take legal action beyond workers’ compensation. The answer is yes, under certain conditions, you may sue a third party who contributed to the death.
Understanding third-party liability
Workers’ compensation usually covers injuries and deaths caused by workplace accidents. However, it often protects the employer from additional lawsuits. But if someone other than your employer caused the death, such as a subcontractor or equipment manufacturer, you may have grounds to sue.
Third parties can include contractors, equipment makers, or anyone whose negligence led to the fatal accident. These cases allow families to seek damages that workers’ comp does not cover, like pain and suffering or punitive damages.
Filing a wrongful death claim
To sue a third party, you typically file a wrongful death lawsuit. This legal action aims to prove the other party’s negligence caused the fatal injury. You will need to show evidence that the third party breached a duty of care.
Common examples include faulty machinery, unsafe work environments maintained by a contractor, or negligent safety inspections. The claim compensates family members for financial losses and emotional pain.
Timing and statutes of limitations
Ohio law sets strict deadlines for filing wrongful death claims. Usually, you must act within two years of the death. Missing this deadline often means losing the right to sue.
Starting your claim early ensures you gather evidence and build a strong case. It also helps protect your rights and increases the chances of fair compensation.
Suing a third party after a workplace death can provide additional financial support for your family. It’s important to understand how these claims work and the deadlines involved. Exploring this option might help you recover damages beyond workers’ compensation benefits.