Wrongful death claim against employer for sending driver in unsafe conditions

by Tina

My father’s employer sent my father on his route delivering parts to the eastern shore feb 1 2013 in a snow storm.

It wasn’t snowing in Baltimore but the delmarvia was under an advisory and all the schools were closed they didn’t suspend the route.

The wind was 40 plus mph and a witness along with an investigation said the wind pushed his box truck over into oncoming traffic.

A tractor trailer hit him head on and killed him.

Can you please give me some direction to follow there is no spouse only five adult children that feel as though he shouldn’t have been sent out in the oncoming weather.

Wrongful death claim against employer for sending driver in unsafe conditions


Answer to Wrongful death claim against employer for sending driver in unsafe conditions:


Hello Tina,

First of all, I am sorry to hear about your loss.

You and your brothers need local legal advice. Please see the form below for an attorney near you.

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It appears that this matter would be covered under the Industrial Insurance Act (workers comp). Sounds like your father was at work, in a work task. This could mean that the employer may not have any liability by statute. The recovery would be against the workers fund. This is why you need legal advice.

Some states, the employer will not have to pay anything (only a deductible). Some others will still allow you to make a claim against them for their negligence.

Talk to an attorney on this one. There is not much you can do other than to have a strong local attorney look over the facts and see if there is recovery for all of you.

I am sorry again.


Good Luck,
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