Saturday, August 25, 2012

Attorney Blog - Roger S. Weinberg, LLC

When someone is injured or killed in a workplace accident here in Maryland, there are a variety of legal avenues to pursue compensation for lost wages, medical or funeral expenses, pain and suffering and more. Depending on the nature of the accident, the case may fall under workers' compensation, personal injury or wrongful death law.

The family of a bridge mechanic, who died while repairing one of Maryland's bridges, has recently filed a wrongful death suit against the man's employer. The man was urinating off of a bridge before he fell to his death, and his family has said that the man's employer's negligence caused this accident--because it failed to provide a basic jobsite necessity, toilets.

The man, 58, reportedly tragically fell through a large hole in the bridge, which was covered by an unsecured platform at the time.

When someone dies because of another party's negligence, his or her survivors are often able to recover compensation through a wrongful death action for a lost source of income, lost potential prospect of inheritance, funeral expenses and loss of consortium.

If a court decides that the man's employer was negligent by forcing workers to relieve themselves off the side of a bridge, the court will consider the victim's age and earning capacity as well as the financial circumstances of his family before issuing the award.

In almost all situations, employers must provide a restroom, in many cases these are portable toilets, for their employees. This is a very basic need and it may present a number of hazards when an employer fails to offer this. It will be interesting to learn the outcome of this case.

Source: Reuters, "Man falls off bridge while urinating, family sues," Andrew Lu, July 26, 2012

Source: http://www.weinberglaw.com/blog/2012/08/family-of-maryland-mechanic-who-died-at-work-files-wrongful-death.shtml

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