Q: My husband was electrocuted and died on the job.
I feel the workplace was unsafe. Do I sue his employer or the subcontractor who maintained the space?
A:
I am very sorry. There may be a number of potential people to sue.You want to contact a member of the Illinois Assn for Justice who handles explosions and product liablity. They give free consultations. If you need help finding one let me know.
Generally you can't sue the employer if the person was a regular employee. That is covered by workers compensation.
However there are others involved for a lawyer to look at. Members of the Illinois Assn for Justice will also not charge an up front fee, and will investigate these issues.
A:
You likely have two separate claims. One would be benefits afforded to an injured worker's family under the Illinois Workers Compensation Act. These benefits will provide for yourself and your children pursuant to a statutory schedule of benefits.
If your husband's death was due to the negligence of a 'third-party' (party different from his employer) you may pursue a wrongful death lawsuit against them. Unlike workers compensation, a civil case against a third-party is based upon their negligence. Consequently, you have the burden of demonstrating that their acts or omissions caused a dangerous condition that resulted in your husband's electrocution. The investigation and prosecution of third-party cases can be lengthy and convoluted, I would suggest that you retain a lawyer who has experience with these cases who can explain the options for moving forward with a case.
My condolences to you and your family. Good luck.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
