In last week’s post, this blog discussed the difficulties that family members often go through following the unexpected death of a loved one. If the fatal accident was caused by someone else’s negligence, a wrongful death cause of action is available for surviving family members. After a recent fatal workplace accident, the family of a Florida woman may be in the difficult position of having to consider a wrongful death lawsuit.
The accident victim was a 38-year-old woman from Casselberry, which is about 90 miles southeast of Ocala. She was working as a truck driver and was attempting to unload a five-ton storage pod at a location in upstate New York. A strap that was attached to the storage box apparently got stuck, and the Florida woman was trying to untangle it when the heavy pod crashed down on top of her.
The truck driver was crushed under the massive weight of the pod and another employee had to free her using a forklift. The injured worker fought for her life in the hospital, but ultimately did not survive her injuries.
As it does in the aftermath of a fatal workplace accident, the Occupational Safety and Health Administration is looking into this case. If OSHA finds any safety violations by the storage facility or the deceased woman’s employer, those facts may be helpful in forming a legal case for the victim’s family to pursue.
No amount of monetary compensation can ever replace the terrible loss that a family experiences when one of their loved ones dies in a fatal workplace accident. Still, family members should not have to bear the burden of financial difficulties in addition to the emotional toll that an accident like this takes.
Source: NBC Miami, “Florida truck driver crushed by storage pod, dies,” Dec. 24, 2014
