Losing a loved one in a workplace accident is a devastating experience that no family should have to endure. While no amount of money can replace a life, Oklahoma law does provide surviving family members with legal options to seek justice and financial compensation. If your family is facing this unimaginable loss, it’s important to understand your rights, including how to file a wrongful death claim.
At Koller Baker & Associates, we help families in Oklahoma navigate the legal aftermath of wrongful death resulting from workplace tragedies. Our experienced attorneys are here to guide you through every step of the process with compassion and clarity.
Understanding Workplace Fatalities in Oklahoma
Workplace fatalities can occur in any industry, though they are most common in fields like construction, manufacturing, transportation, and oil and gas. These incidents are often the result of:
- Falls from heights
- Machinery malfunctions
- Exposure to hazardous materials
- Fires and explosions
- Inadequate safety protocols
- Employer negligence
In some cases, the employer’s workers’ compensation insurance will cover certain benefits. However, workers’ comp does not always provide full justice or accountability, especially when gross negligence or third-party liability is involved.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit brought when someone dies due to the negligent, reckless, or intentional actions of another party. In the context of a workplace fatality, wrongful death may arise if the employer failed to follow safety regulations or if a third party (like a subcontractor, equipment manufacturer, or property owner) contributed to the death.
Unlike a workers’ comp claim, a wrongful death lawsuit can seek broader compensation and hold additional parties accountable.
Who Can File a Wrongful Death Claim in Oklahoma?
Under Oklahoma law, the personal representative of the deceased person’s estate must file the wrongful death claim. If a representative has not been appointed, the court may do so. The compensation recovered in the lawsuit benefits the surviving family, including:
- The spouse
- Children
- Parents
- Next of kin
If you are unsure whether you have legal standing, an experienced wrongful death attorney can help clarify your eligibility.
Damages Available in a Wrongful Death Lawsuit
Families who file a wrongful death lawsuit after a workplace fatality may be entitled to a range of damages, including:
- Medical expenses related to the fatal injury
- Funeral and burial costs
- Loss of future income and benefits
- Pain and suffering of the deceased before death
- Loss of companionship, guidance, and support
- Emotional suffering of surviving family members
Unlike workers’ compensation, which may limit benefits to a fixed amount, a wrongful death lawsuit allows for a fuller picture of the loss to be compensated.
When Does a Workplace Death Qualify for a Wrongful Death Claim?
Not every workplace death will result in a valid wrongful death claim. However, it may apply in cases involving:
- Violations of OSHA or workplace safety regulations
- Gross negligence or willful misconduct by the employer
- Defective machinery or equipment (product liability)
- Involvement of a third party not employed by the same company
An attorney will investigate the cause of the accident, evaluate the role of all parties involved, and help determine if a civil claim is appropriate.
Time Limits for Filing in Oklahoma
Oklahoma law allows wrongful death claims to be filed within two years of the date of death. This statute of limitations is strict, and waiting too long could result in the loss of your right to pursue compensation.
Contact Koller Baker & Associates Today
If your loved one died in a workplace accident, you don’t have to go through the legal process alone. The attorneys at Koller Baker & Associates are here to help you understand your options and fight for the justice your family deserves. We’ll work to uncover the truth, hold negligent parties accountable, and secure the compensation that helps you move forward.
Contact us today to schedule a confidential consultation. We proudly serve clients across Oklahoma and are committed to guiding families through life’s most difficult moments with care and strength.
