Compassionate Counsel. Committed Advocacy

Workplace held responsible for fatal personal injury

On Behalf of | Sep 7, 2018 | Firm News

Many Louisiana workers may feel that they have a dangerous job. Accidents occur on job sites each day, and while some are not serious — just a known risk of a trade — others can be life-threatening and even result in death. Sometimes, a death or personal injury in the workplace could have been prevented, and in certain circumstances a company may be found legally responsible. 

When a Louisiana worker was killed working on an oil rig, his widow and children were stunned. The devastated family learned that the man had fallen to his death after falling in a hole on an oil platform that was being torn down. Though the company was aware the large holes were dangerous, it did nothing to mark this particular hole to prevent personal injury or death. 

A judge agreed that the employer had been negligent, and a lack of safety had directly caused the death of the beloved husband and father. The man’s family was awarded a reported $4.2 million dollars. The employer argues that similar holes had been marked in a previous safety inspection, and this hole was new, but a detective that investigated the accident told the court that he could not see the hole at the scene until someone showed him where the man had fallen. Since this is not a standard work-related injury, it would not be subject to workers’ comp proceedings. In a case like this, the victim would be able to take their claim to a federal court, because The Jones Act, passed in 1920, provides special provisions for federal workers injured at sea.

If a loved one has suffered as the result of personal injury, or a family member has been affected by a wrongful death, it can be difficult to determine how to seek justice. In times of grief and shock, the legal process may become overwhelming. Often, a compassionate attorney can assist victims and their family as they attempt to seek justice and any applicable compensation for injury caused by another party’s negligence.