The Impact of Workplace Accidents Leading to Wrongful Death

The Impact of Workplace Accidents Leading to Wrongful Death

• October 3, 2025
• Categories: Wrongful Death

Workplace accidents in California resulting in wrongful death have significant legal, financial, and emotional impacts on surviving families. These cases often involve complex legal processes to secure compensation, with key considerations including liability, eligibility, and statutory deadlines. Hiring a skilled wrongful death attorney can ensure that your legal rights are protected.

While employers are often shielded from lawsuits because they carry workers’ compensation insurance, families can pursue wrongful death claims against negligent third parties (such as equipment manufacturers, contractors, or subcontractors). For example, defective machinery or unsafe worksite conditions caused by a third party may justify a lawsuit. Wrongful death claims must be filed within two years of the person’s death. Claims against government entities must be filed within six months.

Wrongful Death Claims in California

A wrongful death claim in California arises when someone’s death is caused by another party’s negligent, reckless, or intentional actions. Governed by California Code of Civil Procedure § 377.60, these claims allow eligible survivors to seek financial compensation for their losses.  A wrongful death arises due to a “wrongful act or neglect” by another individual or entity. This includes:

• Negligence: Workplace fatalities, vehicle accidents, medical malpractice, etc.
• Recklessness: Drinking on the job while operating heavy machinery or intentional harm (such as assault)
• Product liability: Defective products causing fatalities.

Eligible Plaintiffs in Wrongful Death Cases

The following people may file a claim:

• Surviving spouses, domestic partners, or children (including stepchildren and foster children)
• Parents (if no surviving spouse/children)
• Grandparents and siblings (if no surviving spouse/children/parents)
• Financial dependents or heirs entitled to inheritance.

Elements You Must Prove

To succeed, plaintiffs must prove four elements:

1. Duty of Care: The defendant owed the deceased a legal obligation (such as safe work environment or proper medical care).
2. Breach of Duty: The defendant failed to meet that obligation through action or inaction.
3. Causation: The breach directly caused the death (proved by workplace safety record, accident reports or medical records linking negligence to fatality).
4. Damages: The death resulted in losses, such as:
   • Economic: Funeral costs, lost income, medical expenses
   • Non-economic: Loss of companionship, emotional distress, depression.

Impact on Families in Wrongful Death Cases

• Financial Hardship: Loss of a primary wage earner can destabilize households, especially if there is a protracted legal process or limited payout.
• Emotional Toll: Grief is compounded by legal complexities, particularly when proving negligence or identifying liable parties.
• Intergenerational Impact: Not only do the financial loss of earnings and pensions impact future generations, but so does the loss of guidance, mentoring and love.
• Dependency on Legal Advocacy: Success often hinges on expert legal guidance to navigate third-party liability and evidence collection.

What Are the Most Common Causes of Workplace Accidents and Fatalities in California?

Workplace accidents and fatalities in California stem from a combination of immediate hazards and long-term exposures, with certain causes recurring across industries.  Based on recent data and regulatory findings, here are the most common California workplace accident and wrongful death contributors:

1. Slips, Trips, and Falls

• Wet or uneven surfaces: Spills, oily floors, and damaged flooring are frequent culprits.
• Cluttered walkways: Obstructions in pathways increase tripping risks.
• Falls from heights: Common in construction, especially from ladders, scaffolding, or unguarded edges.

A slip and fall attorney at Neale & Fhima can seek compensation on your behalf if your workplace fall resulted in injury but not death.

2. Overexertion and Manual Handling

• Lifting injuries: Heavy lifting or improper techniques lead to muscle strains, hernias, and back injuries.
• Repetitive motion: Tasks like assembly-line work or typing cause chronic conditions (tendonitis and carpal tunnel syndrome).

3. Contact with Equipment or Machinery

• Lacerations and amputations: Unguarded machinery or defective tools pose immediate and sometimes fatal risks.
• Falling objects: Construction sites and warehouses often see injuries and death from unsecured containers and materials falling from above and hitting workers.

4. Exposure to Harmful Substances

• Toxic chemicals: Inhalation of asbestos, fumes, or hazardous materials can lead to long-term illnesses and death.
• Environmental hazards: Poor ventilation or extreme temperatures exacerbate health risks.

5. Structural and Excavation Hazards

• Trench collapses: Failures to implement protective systems (such as shoring) in construction can lead to trench collapses and multiple fatalities.
• Unsafe scaffolding: Lack of fall protection or structural integrity checks increase the likelihood of falls from great heights.

6. Transportation and Vehicle Accidents

• Forklift/vehicle collisions: These are common in warehouses and logistics.
• Road incidents: Delivery drivers and field workers face risks from traffic.

A car accident attorney at Neale & Fhima can seek compensation on your behalf if your vehicle collision resulted in injury but not death.

7. Workplace Violence

• Physical assaults: Includes altercations or harassment, particularly in healthcare and retail.

8. Persistent Risks

• Inadequate training: Failure to educate workers on equipment use or emergency protocols can have dire consequences for them and other workers.
• Electrical hazards: Faulty wiring or exposed circuits can cause shocks, fires and electrocutions.

Recent enforcement actions, such as Cal/OSHA’s $530,000 fine against contractors for trench safety violations, underscore the ongoing challenges in high-risk industries like construction. Employers must prioritize hazard assessments, proper safety gear, and compliance with updated regulations to mitigate these risks.

Why Choose Neale & Fhima?

The wrongful death attorneys at Neale & Fhima have more than 40 years of combined experience in handling personal injury and accidental death cases in California. We know the complexities of the law, and we use this knowledge to seek the highest compensation possible for every client. We don’t treat people like a number on a case file, as many high-volume law firms do. We care about our clients and their families.  We’re transparent and will explain to you the legal process, potential challenges, and estimated value of your claim before you make a decision about hiring us.  We have countless satisfied clients who refer friends and family to our law firm.

Our Attorneys Will Represent You Aggressively in a Workplace Accident Leading to Wrongful Death

At Neale & Fhima, we’ll negotiate with aggressiveness and integrity when going up against insurance companies to secure fair compensation in a workplace wrongful death claim. We understand that the impact of workplace accidents leading to wrongful death can have intergenerational consequences for the families involved. We know this is a difficult time of grieving for you and your family. Our caring personal injury attorneys will support you with understanding and empathy throughout the legal process. Our law firm has an outstanding record of recovering more than $50 million in rightful compensation for victims throughout Southern California. For a free consultation about your case, call us at 888-407-2955.