QUESTION
Is the company liable for my brothers death during work?
Asked on Aug 28th, 2011 on Personal Injury - New York
More details to this question:
My brother was hired to haul grain in a big truck without drivers license. He ended up wrecking it and died. Should he been allowed to operate without the company checking for drivers license?
17 ANSWERS
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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You may have a case, based upon the information that you have supplied.
Answered on Jul 09th, 2013 at 1:23 AM
Alternate Dispute Resolution Attorney serving Edmond, OK
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Woska Law Firm, PLLC
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I am terribly sorry for your loss, especially as described. The idea of finding the company monetarily responsible for his death is something a lawyer will help you accomplish through Workman's Compensation if employment related travel.
Answered on Sep 02nd, 2011 at 11:16 AM
Personal Injury including Litigation Attorney serving Wilmington, DE
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Ramunno & Ramunno, P.A.
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He should have a worker's compensation claim that would provide compensation, regardless as to who was at fault.
Answered on Aug 31st, 2011 at 11:23 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Your brother's estate is entitled to collect from Worker's Comp.
Answered on Aug 31st, 2011 at 11:01 AM
Personal Injury Attorney serving Austin, TX
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Law Offices of Earl K. Straight
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The company may certainly be held liable in that situation, although your brother may also share some responsibility. As long as your brothers percentage of liability is not over 50%, the claim will be upheld.
Answered on Aug 30th, 2011 at 2:42 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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If the company had workers' comp, then probably not. Why didn't he have a license?
Answered on Aug 30th, 2011 at 2:18 PM
Personal Injury Attorney serving Portland, OR
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Law Offices of Thomas Patton
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I believe your brother's estate has a viable claim.
Answered on Aug 30th, 2011 at 1:48 PM
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Obviously, he should not have been allowed to drive the truck. His spouse/children should consult a lawyer to determine if there is a claim for his death. The answer to that will require further investigation.
Answered on Aug 30th, 2011 at 1:42 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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His death should be covered under workers compensation if he was on the job when he died, driving a truck for company business regardless of whether he had a license or not. See a good comp lawyer immediately.
Answered on Aug 30th, 2011 at 12:54 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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His estate would have a wrongful death claim under worker comp law.
Answered on Aug 30th, 2011 at 12:14 PM
Consult with or retain an estate or accident attorneyfor legal representation regarding your brother's death.
Answered on Aug 30th, 2011 at 11:37 AM
Business Attorney serving North Andover, MA
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Law Offices of Andrew D. Myers
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Yes, the company is liable. Contact a workers compensation attorney immediately.
Answered on Aug 30th, 2011 at 8:43 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Sorry for your loss. In all likelihood he should not have been operating any vehicle without a license and most companys that have employees operate vehicles check that out. This is something you should definitely speak to an attorney about.
Answered on Aug 30th, 2011 at 8:31 AM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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Typically, most companies are very cautious when hiring drivers. It is in the best interest of the company to ensure that their drivers are licensed and that they have a clean driving record. If they do not check this, then they are placing themselves in a position of liability had your brother's lack of driving experience resulted in damage and/or injury to another. Just as bad would be a history of bad driving that resulted in his license being revoked.
Answered on Aug 30th, 2011 at 7:20 AM
Personal Injury Attorney serving Omaha, NE
Partner at
Chandler Conway, P.C., L.L.O.
You should speak with an injury lawyer. It depends on a lot of things, but it is definitely a possibility. I am sorry to hear about your brother.
Answered on Aug 30th, 2011 at 7:13 AM
Truck Accidents Attorney serving Indianapolis, IN
Partner at
Craig, Kelley and Faultless LLC
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It is possible that company that hired your brother could be held responsible for his death. If that company was a farm operation then the consequences to that company would be different than if it was some other type of company. Regardless your family should immediately contact an injury attorney and schedule a conference so that the attorney can see if she/he can help you. But there may be a case there depending on the facts.
Answered on Aug 30th, 2011 at 6:10 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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I am sorry to hear about your brother. He may have lied and said that he had the proper license. Or maybe he didn't lie. Maybe he was never asked and didn't know that he needed special training. So, yes, there may be a claim here.
Answered on Aug 30th, 2011 at 5:20 AM