The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has slapped a Georgia-based company with penalties. The death was caused by the negligence of the auto transmission manufacturer, Hyundai Transys, also known as Powertech America, in its workplace safety practices. The citation from OSHA comes following the death of a Powertech employee at work.
The employee was performing routine maintenance on the transmission turnover machine when the accident took place. Somehow the machine became operational in the middle of the maintenance and killed the employee.
Negligence Causes Harm
It had been alleged that Powertech America failed to provide suitable training to its workers on safety. More specifically, the company failed to train its workers adequately on the use of energy isolation devices. An investigation by OSHA into the matter has apparently confirmed this negligence. As a result of its findings, OSHA has slapped $68,194 in penalties on the manufacturer. Powertech America has 15 days from the pronouncement of the penalties to respond. The manufacturer can either agree to pay the penalties, request a further discussion with OSHA officials or choose to contest the findings.
It is also unclear at this point whether or not the case qualifies for a wrongful death claim. In most cases, workplace injuries are covered by workers’ compensation insurance which is mandatory for any company with 4 or more employees. However, in cases where the gross negligence of an organization causes an injury to an employee, extra penalties may apply and the victims or their survivors may further be eligible to seek civil penalties in a lawsuit.
When a company’s negligence is clear, it will often choose to settle the matter privately to avoid bad publicity. In some cases where negligence in unclear, the lawsuit may go to a court where a jury decides whether or not to award damages to the plaintiff.
If you recently lost a loved one, contact us online or call today at (704) 286-0947 for help immediately.
FAQs
Can I file a wrongful death lawsuit against an employer in North Carolina if my family member died in a workplace accident?
In most workplace accident cases in North Carolina, workers’ compensation is the exclusive remedy available to surviving family members, which limits the ability to file a separate civil lawsuit against the employer. However, if the employer’s gross negligence directly caused the death, additional legal options may be available beyond standard workers’ compensation benefits.
What is the difference between a workers’ compensation claim and a wrongful death lawsuit in North Carolina?
Workers’ compensation in North Carolina provides set benefits to surviving family members regardless of fault, but caps the total amount recoverable. A wrongful death lawsuit, when eligible, can pursue additional civil damages including compensation for loss of companionship, pain and suffering, and punitive damages in cases involving gross negligence.
Does an OSHA citation or penalty against an employer strengthen my wrongful death case in North Carolina?
An OSHA citation can serve as important evidence of an employer’s negligence in a North Carolina wrongful death case, as it demonstrates that a government investigation confirmed unsafe workplace practices. While the citation alone does not guarantee a successful lawsuit, it can significantly support your claim by establishing that the employer failed to meet required safety standards.
How long do I have to file a wrongful death claim in North Carolina?
North Carolina law generally allows two years from the date of death to file a wrongful death lawsuit. Missing this deadline can permanently bar your family from seeking compensation, so it is important to consult with an attorney as soon as possible after losing a loved one.
What types of compensation can my family recover through a wrongful death claim in North Carolina?
Under North Carolina’s Wrongful Death Act, surviving family members may be entitled to recover damages including medical expenses prior to death, funeral and burial costs, lost future income, and compensation for loss of the deceased’s care and companionship. In cases involving gross negligence, punitive damages may also be awarded to punish the responsible party and deter future misconduct.
