Ask Me Help Desk - Work related death??

Work related death??

Hi. My dad was working for this company cutting down trees. He was cutting it down on someone's property. When the tree came crashing dowm, so did my dad. He died from internal bleeding an brain hemorrhage. Now this happened a year and half ago. The guy he was working for says he didn't have him on his payroll and he wasn't covered under workers comp. I lost my dad and my babies lost their grandfather. Can I sue the company he worked for even though the man says he wasn't on payroll or can I sue the homeowners insurance for work related death? Or what can I do? Thanks ahead of time

You may have a claim against the owner of the property (or the HOA if it was common area), if the defendant was negligent in causing the condition which resulted in your father's death. In this case, I don't know if you can establish negligence, or the defendant may be able to establish the defense that your father assumed the risk of injury.

You have a better claim under the worker's compensation statutes in your jurisdiction. If your father was actually working for the company, whether or not "on payroll", the company is probably liable. Contact an attorney who has some expertise in worker's comp. I'm curious what the company means by saying he wasn't "on payroll". Was he doing the work for free?

If the company simply failed to get your father under worker's compensation insurance, but should have, it doesn't matter. In most jurisdictions, the company will be liable anyway. And keep in mind, under most workers comp. statutes, negligence is immaterial. If an employee is injured on the job, the employer is strictly liable. Also, keep in mind (again, in many jurisdictions) attorney's fees are paid for by the defendant, and you will not have to pay them.

Actually the company had sent my dad out to do the job. But when they sent him out, they didn't give him any safety vests or harnesses or ropes to secure him. And when the company says he wasn't on payroll they meant I can't sue them for workers comp because he wasn't on payroll and no proof of him working for them. They sent him out with another guy knowingly that the tree was rotted and unstable.

If in U.S.- was this accident investigated by any state of federal government safety organization? If yes, what was the finding of the investigation?
Is the company your father "worked for", a licensed contractor?

Was your dad a subcontractor? Did he have his own business? Did he have a contract? Any Hold Harmess clause if a contract exists. This should have been done a long time ago. File a Workers Comp claim with their carrier or find an attorney who handles this type of case. You cannot to both -I would go with an attorney. How do you know the tree was rotten? Don't know if Homeowners policy would respond unless there was some basis of negligence on their behalf. Even then, the tree company pretty much accepted liability by taking the.job. There are a lot of unanswered questions that need addressing.

There was an investigation by the city police and fire department. The tree was rotted through the inside. And yes the company is licensed. And I do believe OSHA investigated the accident as well.

My dad was not a subcontractor. He was working with the company months before but something happened an he quit. But went back when the company called him to do a job. My dad didn't have his own business and there was no contract.

Quote:

Originally Posted by ashleyking27

There was an investigation by the city police and fire department. The tree was rotted through the inside. And yes the company is licensed. And I do believe OSHA investigated the accident as well.

If the company is licensed, they probably have liability insurance (even if they don't have worker's compensation coverage). In addition to the worker's compensation claim I previously discussed (and don't let them bamboozle you with their phony claim that he wasn't their employee), you and your dad's estate may have a tort claim if there was an OSHA violation). Talk to an attorney about this. Your attorney may want to file a claim with the insurance carrier.

Thank you so much. I have made an appt to be appointed of my dads estate. Next step is to finish up with a lawyer. The information you have given has helped me a lot. Will keep posted to see the turn out. :) thank u very very much