A West Virginia widow has filed a wrongful death claim against a lumber company that she feels is responsible for the death of her husband. The lawsuit names Allegheny Wood Products Inc. as the liable party, stating that the deceased was killed while delivering lumber. The man was employed by the lumber company when his truck was involved in a fatal accident, leading to this wrongful death claim.
Before the accident, the deceased was driving a loaded truck for a delivery from the lumber company's facility in Randolph County. The man collided with another truck, the impact forcing the wood from the trailer to come into to the cab. This resulted in severe and fatal injuries. It is not clearly indicated what caused the truck collision or which driver was at fault.
The man's widow is seeking wrongful death compensation from the lumber company for which he drove. In some cases like this, a company will be liable for a worker's death because of the way that the lumber was loaded, indicating that it was possibly not secure or improperly stacked. In this particular case, it was noted that the trailer was pre-loaded, indicating that the driver was not responsible for anything other than transport.
When a West Virginia worker is killed on the job, the family is almost always eligible for workers' compensation death benefits. However, in this case, the widow apparently feels that the circumstances surrounding the accident are extenuating and grounds for a wrongful death claim. This can be a rare course of action in on-the-job accidents and a close examination of all case evidence may be beneficial before initiating such a civil suit.
Source: The West Virginia Record, "Woman blames lumber company for husband's death", Matt Russell, August 4, 2014