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My only son was killed in a work related accident. I have…

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My only son was killed...
My only son was killed in a work related accident. I have read the accident report and it indicates that the place where he was killed was not properly maintained which caused his death. A piece of me died that day. My life has forever changed and it has been very traumatic for myself and my family. Do you believe I have a case here?
Submitted: 2 years ago.Category: Canada Law
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Answered in 2 hours by:
2/3/2016
Lawyer: Debra, Lawyer replied 2 years ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,981
Experience: Lawyer
Verified

I am very sorry for your tragic loss.

Has anyone from the employer contacted you at all about your son's death and talked about compensation for you or for his estate?

Was your son an adult?

Did your son live with you?

Did your son have a spouse or children?

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Customer reply replied 2 years ago
The employer has given me so many empty promises and silence, it has been challenging getting people to answer my questions.
My son was 34 years old.
He did not live with me.
His son (out of wedlock) has received CSST and his common-law-spouse is fighting to try to get her compensation.
Lawyer: Debra, Lawyer replied 2 years ago

When you say she is fighting to get her compensation is she suing the employer?

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Customer reply replied 2 years ago
No she has had to taken action against the workman's compensation board.
Lawyer: Debra, Lawyer replied 2 years ago

Generally an employer cannot be sued when there is worker's compensation as that system it a no fault one which means the employee or heirs are entitled to compensation regardless of fault and the trade off is the employer cannot be sued.

There are exceptions in certain cases and that may be where there is gross negligence leading to death.

If you are able to sue the employer as a parent you would be entitled to sue and receive damages if you can prove that you suffered substantial emotional harm and that is clearly the case where a parent loses a child.

So your next step should be to consult with a lawyer that specializes in wrongful death actions in your city and you should do so at once.

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