Navigating Workplace Tragedies: Wrongful Death and Employment Law Insights for Families
- Eva Vergis
- Sep 4
- 6 min read
Losing a loved one in a workplace tragedy is emotionally devastating and legally complex. Beyond grief, families often face an overwhelming maze of procedures involving workers’ compensation, third-party negligence claims, and employment law matters. This is where the guidance of an experienced wrongful death or employment lawyer becomes invaluable, offering expertise and clarity during a difficult time.
An Article by our American Contributor
San Diego, like many cities in North America, records a concerning number of workplace fatalities. With a fatality rate of nearly 1.7 deaths per 100,000 workers, it slightly surpasses the rates in Los Angeles or Phoenix. Families facing these tragedies must understand their rights under wrongful death, employment, and compensation laws to secure the support they are entitled to.
This article examines the intricate legal relationship between wrongful death, employment law, and disability accommodation in US and Ontario.
Click Here for A Comprehensive Flow Chart for Wrongful Death - An Ontario Perspective.
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The help provided by wrongful death lawyers
The construction segment in San Diego in 2023 had witnessed about 4.0 injury cases for every 100 workers working full time. When it came to the healthcare and manufacturing industries, the count was 5.2 and 3.4 cases, respectively. South of the border, Canadian workers face similar challenges.
How Wrongful Death Lawyers Support Victims’ Families
1. Civil Claims and Workers’ Compensation
San Diego allows families to claim workers’ compensation death benefits, which typically cover:
A percentage of the deceased worker’s income
Burial and funeral expenses
Support for dependent family members
In cases involving negligence by a third party—such as a subcontractor, equipment manufacturer, or independent driver—families may also file a wrongful death lawsuit in civil court to seek additional damages.
In a similar vein, survivors in Canada have the option to sue a third party for wrongful death and make a WSIB claim for survivor benefits. Additionally, survivors may bring a human rights claim against the employer before the human rights tribunal if the wrongful death was caused by the company's failure to provide accommodations for a pre-existing disability.
The Employment Law Perspective
Employment law can also play a critical role after a workplace death, especially when the employment contract or ongoing claims affect what the family is entitled to receive.
1. Permanent vs. Fixed-Term Employees
The type of employment contract impacts benefits and severance rights:
Permanent (indefinite) employees: In most cases, an employee’s death ends the employment relationship, and they are not entitled to severance pay or reasonable notice beyond what workers’ compensation provides. However, employers may offer ex gratia payments, or payouts of accrued vacation and earned benefits, which can pass to the estate.
Fixed-term contract employees: If a fixed-term employee dies before the contract ends, the employment typically ends without further payment obligations, unless the contract explicitly states otherwise.
2. Entitlements Through WSIB, EI, and Other Programs
While California follows its own compensation system (through the Division of Workers’ Compensation), understanding general benefits models helps families:
Workers’ Compensation (San Diego / California / Canada) – Provides death benefits to dependents and covers burial expenses.
EI (Employment Insurance) in Canada – If the worker contributed, their surviving spouse or dependents might qualify for survivor benefits or death benefits.
Pensions and group insurance – Employees with private pension plans or group life insurance often have payouts to designated beneficiaries.
Families should promptly check with the employer or union to confirm these entitlements.
3. Ongoing Legal Claims — Constructive Dismissal and Other Lawsuits
Sometimes, an employee may have been pursuing legal action against the employer—such as a constructive dismissal claim—before their passing. In such situations:
The claim may survive the employee’s death and can be continued by their estate or legal representative, especially if damages for lost wages or benefits were already being pursued.
Wrongful death and employment lawyers often work together to ensure the family understands which legal avenues remain open, ensuring they don’t lose the compensation the deceased would have been entitled to.
To manage these cases, a wrongful death attorney San Diego as well as a Canadian lawyer will look at the following points:
Civil claims and workers' compensation
San Diego enables the families to ask for workers’ compensation, keeping in mind the death benefits. These include continuous assistance depending on the victim’s wages and burial expenses. These families can file a wrongful death lawsuit in civil court. This is more so in case there has been negligence from a third party involved.
Under Canadian law, the right to pursue a civil action for wrongful death is extended to a deceased person’s dependents. In Ontario, this right is specifically conferred upon eligible family members by Part V of the Ontario Family Law Act. This legal framework allows for claims seeking compensation for losses resulting from the death of a loved one.
Recognizing the liable parties
Even though the employers stay secured by the workers’ compensation, the lawyers can point at the third-party defendants, like:
Defective machines and tools
Property owners and subcontractors
Device manufacturers
Third-party entities or drivers who aren't covered by the statutes of workers’ compensation
Meaningful compensation
By means of civil claims, the victim’s family can ask for both non-economic and economic damages. These include covering losses like emotional suffering, loss of companionship, and lost income. When it comes to egregious negligence, it is also possible to pursue punitive damages.
Collecting evidence and developing the case
The wrongful death lawyers collect OSHA records, witness statements, the workplace accident scene images, and the internal safety logs. They even have access to autopsy details that help to prove the negligence that took place to create a strong case.
Leverage success
Over the past few years, the wrongful death lawyers in San Diego have been able to secure profound verdicts. In one case, $6.2 million verdict was provided to the family of a construction worker after a dangerous scaffolding accident. Therefore, with correct legal representation, victims can expect to get the compensation they deserve to cover the losses they have incurred.
Finally, wrongful death instances are common in San Diego in work premises. Whether it’s a factory or a construction site, the chances of crashes leading to the death of a worker remain. Hence, the victim’s family must seek both medical and legal help. Through the latter, they can establish the one who is wrong and claim the compensation amount they deserve. This gives hope to people that they can fight the legal battle under the guidance of an expert lawyer.
Summing it up
Workplace tragedies not only cause a sudden emotional loss but also create complex legal situations involving multiple areas of law. By working with skilled wrongful death and employment lawyers, families can:
Navigate workers’ compensation and death benefits
Review employment contracts for any additional entitlements
Continue any pending lawsuits or claims for damages
Secure financial stability during a time of hardship
This article also highlights the most significant obstacle: the WSIB exclusivity bar, which typically prevents families from suing an employer directly for a work-related death. A viable strategy, therefore, is to pursue a claim against a negligent third party while using the employer's failure to accommodate as a key element of the causal narrative. With proper legal guidance, families can find hope and justice, even in the most challenging circumstances.
Relevant Articles of Interest:
You may want to consult with an experienced employment law firm, such as HTW Law, to learn about your employment law rights in case of disability discrimination to ensure that your rights are fully protected. By doing so, you can ensure that you receive fair compensation for the actionable discrimination and safeguard your employment rights.
With the right legal support, employees can navigate the challenges of unfair practices and work towards a more equitable and respectful work environment.
You don't have to fight the battle alone. Speaking with an employment lawyer who is familiar with the laws and intricacies regarding disability discrimination will go a long way. If you are in doubt, it's essential that you reach out for help as soon as possible right away.
Click here to contact HTW Law - Employment Lawyer for assistance and legal consultation.
Author Bio:
Eva Vergis is a freelance writer on various interesting topics including employment law issues.
