You would expect employers to recognize that unsafe working conditions are dangerous, violate the law, and can cause death and financial hardship for workers and their families. If you have any doubts, here are some workplace fatalities reported in public safety notices.
Reported workplace fatalities
- Open-flame heater likely cause of Coalgate oil rig fire; three deaths and serious injuries to two others
- 62-year-old worker dies after a manufacturer ignored safety hazards
- 7,600-pound conveyor crushes worker after weld failure — a preventable death, according to investigators
- 7-ton buoy strikes and kills two workers and injures two others at a naval facility
Liability and remedies
Employers can face regulatory fines, workers' compensation claims, and in some cases direct lawsuits from injured employees or their families. In many states an injured worker may bring a direct claim when the employer's conduct falls outside the protections of workers' compensation exclusivity.
Employers in manufacturing or heavy-equipment operations should review their coverage for catastrophic risks, for example by considering Manufacturing Facilities Insurance and Construction and Mining Machinery Insurance.
Intentional tort exception
- The employer deliberately intended to injure the employee; or
- The employer
Required elements to prove the second prong
- Engaged in conduct that it knew, based on explicit warnings identifying a known danger, was virtually certain to result in death or injury to the employee;
- The employee was unaware of the risk because the danger was not apparent;
- The employer deliberately concealed or misrepresented the danger so the employee could not make an informed judgment;
- The employer's conduct was a legal cause of the employee’s injury or death.
Some states require clear and convincing evidence to prove an intentional tort exception, and the precise standards vary by jurisdiction. Courts have sometimes limited exclusivity where legislative changes reduce benefits or alter the original employer–employee bargain.
Bottom line: regardless of the precise law in your state, a strong workplace safety culture protects workers, the company brand, and the bottom line. There is no substitute for proper hazard controls and training for managers, supervisors, and frontline workers.
If you have questions about coverage or risk, talk to an agent to review your options.
Frequently Asked Questions
When can a worker sue an employer directly instead of using workers’ compensation?
A direct lawsuit may be possible when the employer's conduct meets the jurisdiction’s standard for intentional wrongdoing or an intentional tort exception to workers’ compensation exclusivity.
What burden of proof is typically required for an intentional tort claim?
Some jurisdictions require clear and convincing evidence for intentional tort claims, but standards vary by state and case law.
What should a family do immediately after a fatal workplace incident?
Contact local authorities and the employer, preserve any evidence you lawfully can, and consult with appropriate legal and insurance professionals to understand potential claims and benefits.
Can improving safety programs reduce legal and financial exposure?
Yes; proactive safety programs, training, and equipment maintenance reduce the risk of injury and the likelihood of fines or litigation.