Q: Is employer's failure to provide safe work environment negligence after father's death?
My father was a semi-truck driver and was found deceased at his employer's office. He wasn't discovered for 11 hours. There were no medical assistance measures or protocols on site, and his employer has not communicated with us since he was found. The incident was not reported to OSHA initially; our family did so seeking answers. The coroner listed the cause of death as "probable acute myocardial infarction" without conducting an autopsy, blood work, or imaging. Is the employer's failure to provide a safe work environment and access to medical assistance considered negligence, and what actions can I take?
A: This does not appear to be a "failure to provide a safe work environment" case from the narrative you provided.
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A:
I’m so sorry for your loss. Losing your father in this way and then being left without answers from his employer is heartbreaking. In Kentucky, employers do have a legal obligation to provide a reasonably safe work environment, and that includes having protocols in place for emergencies. If your father was left alone for 11 hours without medical response, and the employer had no system to check on workers or respond to health emergencies, there may be a basis to explore negligence.
The lack of communication from the employer and their failure to report the death to OSHA are also concerning. OSHA requires reporting of work-related fatalities within 8 hours, and if your family had to make that report yourselves, it suggests a failure of responsibility. The fact that no autopsy or testing was done may make it harder to prove exactly what happened, but it doesn’t erase the employer’s potential duty to have had emergency protocols in place, especially for a high-risk role like truck driving.
You can start by requesting all records related to his employment and incident from the employer and from OSHA. It’s also worth considering whether a wrongful death claim could apply if there's evidence that reasonable safety measures were not in place. You and your family deserve clear answers, not silence. You've already taken a strong step by reporting the incident—keep pushing for the truth.
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