News reports that a U.S. Airways employee has died in a work-related accident. Robert Demarco, a 60-year-old worker, died last week after becoming stuck between the upper and lower luggage conveyor belts at the Phoenix Sky Harbor International Airport. The accident remains under investigation.
Whenever a work place accident occurs, many considerations come into play. It is important for the injured party or the family of a loved one killed in a wrongful death to discuss the next steps with a Stockton workplace accident attorney.
Two separate paths exist to recover compensation when workplace accidents occur. The first, worker's compensation, provides compensation to those injured at work regardless of fault. This means that you don't have to show that your employer's negligence or wrongful conduct led to your harm. Employers are shielded from liability and the injured and/or their families receive a percentage of the employee's salary to cover medical bills and temporary or permanent disability. The amounts collected are generally lower than in a civil lawsuit, but may be easier to recover.
Alternatively, in some work-place accidents it may be possible for an injured party or family member to recover compensation in a "third-party lawsuit." Filing a third party claim may be possible where a party other than the employer is directly responsible for an injury. This may occur in such instances as where the machinery or tools used are defective, or where a third party contractor or property owner create a dangerous condition.
Here it is unknown all of the circumstances that led to the fatal work place accident. For families of those injured in a wrongful death accident, it is important to consult with an experienced work-related accident attorney to provide you quality advice during this difficult time and ensure your rights are protected. For more information or if you or a loved one has been injured in a work related accident, contact a dedicated Stockton personal injury attorney at the Law Office of Frederick J. Sette for a free initial consultation.
