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Noland Law Firm, LLC Legal Blog

Thursday, October 18, 2018

Death on the Job

Q: Can I sue if I got hurt at work?

It was a terrible day in the neighborhood when co-workers on the set and restaurant patrons nearby saw and heard the commotion after a sound technician from the movie production crew for the new Mister Rogers movie reportedly fell 2 stories to his death. An investigation into the details--including whether the worker suffered a medical event or was the victim of an accident-- is ongoing.

The doctrine of premises liability is a subsection personal injury law. It provides that a property owner has a duty to maintain their property and building conditions in a safe manner and they may be held responsible for damages if they fail to do so, and if their failure results in someone getting injured or killed on their property.

In personal injury lawsuits, the victim must prove that the actions or inactions of another person or entity negligently, recklessly, or intentionally caused their injury. Once liability is established they may be awarded compensatory damages for such items as current and future medical expenses, current and future lost income or diminished earning capacity, and other physical and psychological damages, depending on the circumstances of their particular case.

In cases where the victim dies from their injuries, their closest surviving relatives may be able to recover compensation through a wrongful death lawsuit. Though they are complicated and differ on a case-by-case basis, survivors may recover the victim’s medical and funeral expenses as well as other psychological and/or financial losses resulting from the loss of the victim.

But when a worker is injured at work, their ability to sue their employer is often barred. In general, when workers are injured on the job, state Workers’ Compensation laws will provide the injured worker and/or their family with financial compensation for injuries or death sustained while working. And generally, when Workers’ Compensation is in force, the employee is precluded from suing their employer. However, it may not preclude the employee from suing another third-party that may be liable for the victim’s injury or death.

If you or a loved one has been injured, or loved one has been killed, as a result of someone else’s actions, the Noland Law Firm may be able to maximize the compensation to which you may be entitled. Contact us today for a free consultation.

From our offices in Liberty, Missouri, we represent injured victims and their families throughout the Kansas City metropolitan area and Western Missouri, including Clay County, Liberty, Blue Springs, Independence, and Gladstone.

 


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