The goal of personal protective equipment (PPE) is to reduce an employee’s exposure to chemical, physical, radioactive, electrical, and mechanical risks on the job. If your loved one was injured on the job due to inadequate personal protective equipment, you might be entitled to file a wrongful death claim.
PPE refers to a wide range of protective equipment, which includes:
The California Occupational Safety and Health Act imposes numerous rules on employers, including providing and paying for personal protective equipment (PPE).
Employers are required by the Occupational Safety and Health Administration (OSHA) to conduct a job site hazard assessment to identify harmful circumstances. When a hazard cannot be under careful supervision at the source through engineering and administrative procedures, an employer must identify and supply employees with suitable personal protective equipment (PPE).
Employers must also train staff members on how to use personal protective equipment. The training should include instructions on how to put on and take off the equipment as well as which PPE should be purposeful for particular tasks. Employers should provide training on how to correctly fit PPE because badly fitted PPE might pose significant risks. In order to alert their supervisor when equipment needs to be repaired or replaced, employees should learn how to properly care for, clean, and maintain personal protective equipment (PPE).
The following family members are permitted to file a lawsuit under California Code of Civil Procedure 377.60:
Four legal elements can be proven in a wrongful death lawsuit. In particular, they include negligence, duty violation, cause, and damages.
In fact, the plaintiff must establish that the defendant’s carelessness led to the death of their loved one.
The defendant must have owed a legal duty of care to the deceased, in the second place. This duty is to behave sensibly, as others could in a certain circumstance.
Third, the plaintiff in a wrongful death action must demonstrate that the defendant’s carelessness directly caused or significantly assisted in the death of their loved one.
Lastly, the plaintiff must demonstrate that his loved one’s death resulted in specific, quantifiable legal damages as the fourth requirement of a wrongful death claim.
Damages from the loss of a family member include economic and non-economic damages. Examples of economic damages include:
Contrarily, non-economic damages include:
Certainly, if the employer fails to equip your family member with the appropriate PPE to execute the job safely, which results in wrongful death, contact us. Comparatively, you may be able to file a wrongful death claim and receive compensation for inadequate personal protective equipment. Kaass Law wrongful death attorneys have experience helping to get the compensation you deserve. In addition, be sure to contact us to schedule a consultation today at (310) 943-1171. Also, make sure to view our other website for more of our practice areas at Kaass Law.
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