Wrongful death claims are usually filed by dependent relatives who have lost a loved one who was a breadwinner due to someone else’s negligence. A successful wrongful death lawsuit can help to pay for funeral expenses, medical treatment before the person died, living expenses for the dependents and other payments. It is unusual for a wrongful death lawsuit to be filed against a major employer like the Home Depot if the deceased had received protection while at work from the employer’s workers’ compensation scheme. If you believe you may be entitled to wrongful death compensation because your loved one died at work you should seek legal advice first before filing a claim. Company Profile: Home Depot The Home Depot is North America’s largest home improvement chains, with thousands of stores located across the U.S., China, Mexico, Guam, Puerto Rico and the U.S. Virgin Islands. The stores are supported by large numbers of warehouses attached to them together with distribution centers which handle the flow of goods from wherever they are manufactured to the warehouses and ultimately to the shelves and aisles in Home Depot stores. In addition to being a major supplier of home improvement and construction items, the Home Depot is a major employer, employing over 200,000 people. Typical Fatal Workplace Accidents at the Home Depot Employees who work for the Home Depot do a variety of different jobs. Some of these jobs are riskier than others. For example, a delivery driver who works delivering goods between distribution centers is exposed to the possibility of traffic accidents wherever they go. In the warehouse, goods are moved around with small trucks and forklifts, the use of which can lead to fatal accidents if the forklift driver does not see other employees moving in front of them when they have a load. Workers can suffer fatal head injuries when they fall from a height e.g. when sorting stock. Heavy items poorly placed can also fall onto an employee’s head causing serious injuries and even fatalities. Filing a Wrongful Death Lawsuit after a Workplace Fatality at the Home Depot Typically, a large and important employer like the Home Depot will be required to have workers’ compensation insurance. If a loved one is accidentally killed while at work, then the dependent relatives may be entitled to receive compensation. Compensation is limited to living expenses, calculated as a percentage of the deceased worker’s normal wages. There may be other limited financial help available too. A wrongful death lawsuit may lead to much more compensation, but can only be filed in certain circumstances. The dead relative must have been a victim of negligence while at work, and it is unlikely that this sort of compensation would be available if the employer was insured. The failure to have sufficient workers’ comp. insurance may be unlawful in most states, but this doesn’t necessarily help you if there is a family fatality. Employees who die in an accident which was caused by a third party, e.g. by a contractor at work, may be entitled to a wrongful death claim but this must be leveled against the negligent party. A Workers’ Compensation Attorney Can Help You with Your Claim Winning a wrongful death lawsuit may not be easy. It is hard enough just coping with paying the bills and dealing with grief after a loved one has died, let alone attempting to come to terms with the fact that the death may have been avoidable. An attorney can help provide valuable legal advice and negotiate with your loved one’s former employer’s insurer to obtain rightful compensation. Additional Resources Were you Hurt While Working at Home Depot? How Much is a Claim Against Home Depot Worth? *Disclaimer The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against the Home Depot, or any other party, you may not be entitled to any compensation.
