Death in the Workplace
If death occurs while the decedent was on the job, the right to sue may change. Under the Washington Industrial Insurance, an employee does not have a right to sue his employer for injuries in the workplace. RCW § 51.04.010. Most employees are covered by the Industrial Insurance Act, however the law specifically names some exceptions, such as officers of a corporation, domestic servants for private residences where less than two employees work, and minors employed on their family's farm. RCW § 51.04.020. If the decedent is covered by the Industrial Insurance Act, family members or beneficiaries are also barred from suing the employer. RCW § 51.04.010. If the decedant was injured by a coworker who was not acting in furtherance of the employers business, than immunity applies to the employer under the Industrial Insurance Act, but not the coworker Taylor v. Cady, 566 P. 2d 987 (1977). The scope of employment consist of those duties assigned to the employee by the employer.
If a person's death on the job was due to the negligent actions of a third party, however, Washington's Industrial Insurance statute allows dependents to pursue a wrongful death suit against the third party, regardless of whether the decedent was eligible for workmen's compensation through his employer. Reeder v. Crewes, 90 P.2d 267 (1939).
In all matters involving wrongful death it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to file a lawsuit prior to the deadline imposed by the statute of limitations. If a loved one has been a victim of wrongful death, call Harold D. Carr Attorney at Law now at (360) 455-0030 or CLICK HERE TO SUBMIT A SIMPLE CASE FORM. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.
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