Georgia Electrical Worker’s Death Called “No Accident” by Family in Wrongful Death Suit
Recent news of the death of a Georgia electrical worker has shaken a family and a community, and Decatur families are wondering what their rights and options are if they lose a loved one to a deadly workplace accident. According to local news reports, the family of Georgia electrician Anthony J. Riera Azuaje has filed a lawsuit claiming his death this past July was not an accident, but the result of preventable negligence. According to the lawsuit, Azuaje was electrocuted while installing temporary power at a data center site and suffered severe burns. He, sadly, died four days later in hospital care. His family alleges that the company they sued, Allison-Smith, “installed the wrong fittings on the temporary power” and “failed to actually ground the cables when using metallic fittings in a non-metallic junction box,” in violation of the National Electric Code. The complaint describes shoddy installation, improperly secured fittings, energized conduits, and a failure to remove him promptly from the lift after the injury. In their view, this was entirely avoidable and amounts to corporate indifference to worker safety. The family characterizes the incident as “no accident,” and filed a wrongful death lawsuit in court. Their wrongful death lawsuit claims negligence, seeks punitive damages, and demands full value for lost earnings, life value, and other harms.
The case demonstrates both the dangers that electrical workers and other workers that work with electricity face, and that some cases involving a worker’s death can be taken outside of the Georgia workers’ compensation system. Here we explain why, and what you can do if a loved one is killed on the job in Decatur.
Georgia Workers’ Compensation in Decatur – A “No Fault” System with Exceptions
Although the Georgia workers’ compensation system is “no fault” system, meaning that fault is not a factor in determining whether a Decatur worker is entitled to workers’ compensation benefits, there are several circumstances in which certain close members of a deceased worker’s family may sue outside the workers’ compensation system after a fatal workplace accident takes their loved one’s life. Two common circumstances in which this happens are when there is third-party liability and when the employer’s conduct went beyond just negligence, causing the fatal workplace accident. In the first case, “third-party liability” means that a party or entity other than the employer is responsible for the family’s damages. In the second case, if the employer was grossly negligent or even may have intentionally caused the worker’s death, Georgia law permits certain members of the worker’s family to bring a wrongful death lawsuit outside of the workers’ compensation system. Of course, every fatal workplace accident case is different and has its own unique set of facts, so it is important to speak with an experienced Decatur workers’ compensation lawyer about your case as soon as possible after a fatal workplace accident takes your loved one’s life in Decatur.
If your loved one was killed in a fatal workplace accident in Decatur, do not hesitate to call the experienced Decatur workers’ compensation lawyers at the O’Connell Law Firm. The experienced Decatur workers’ compensation lawyers at the O’Connell Law Firm are here to help Decatur families get compensation due after a fatal workplace accident occurs. Contact the O’Connell Law Firm today and speak with an attorney now.
Source:
wsbtv.com/news/local/fayette-county/family-sues-after-worker-is-electrocuted-dies-working-fayetteville-data-center/J3QDJDDBDJHWRLMVATZ7C4CY54/
