Mother Files Lawsuit On Behalf Of Deceased Cannabis Worker Who Died On The Job

The mother of a cannabis cultivation employee recently filed a wrongful death lawsuit against her employer after her daughter died on January 7, 2022, after experiencing breathing problems. The 27-year-old decedent was working at the Florida-based operator’s facility in Holyoke, MA. According to a report published by the Centers for Disease Control, the 27-year-old victim died of occupational asthma. The lawsuit contends that the decedent’s “tragic and preventable death” was the result of her employer’s negligence. Specifically, the lawsuit alleges that the company’s HVAC system exposed contractors to respiratory dangers such as toxic mold. The suit seeks a jury trial for unspecified damages. The employer is alleged to have failed to properly ventilate the facility causing the HVAC system to leak and grow mold on the cannabis product. The lawsuit alleges that the employer “knowingly and negligently” exposed the decedent and her coworkers to a hazardous work environment that included airborne cannabis dust and mold.

Can you sue your employer for wrongful death? 

At Gillette Law, we handle both personal injury lawsuits and workers’ compensation lawsuits. We can help you determine whether or not you can file a lawsuit against your employer. In most cases, workers are prevented from filing personal injury or wrongful death lawsuits against their employers so long as the employer holds a workers’ compensation policy.

The same, however, does not hold true for contractors or third-party claims. In the case mentioned above, the worker who died was a contractor and not an employee of the company she worked for. There are also other named parties to the lawsuit including the construction company that developed the facility and the company that installed the allegedly defective HVAC system that failed to properly ventilate the facility. Even if the contractor were an employee, she would still be able to file a lawsuit against third parties such as the HVAC contractor and the facility’s designer. These parties are alleged to have contributed negligence to the claim.

Contractors are not considered employees of a company. They work as third parties for a company and are considered self-employed. In many cases, these contractors are misclassified by their employer so that the employer can avoid covering them on a workers’ compensation policy and not abide by state rules regarding wage and hour requirements. It remains to be seen whether or not the company misclassified its employees. However, if the worker was a contractor, they can file a lawsuit directly against the company they worked for.

The workers’ compensation and personal injury attorneys at Gillette Law can help you determine whether or not you have a viable lawsuit against an employer. If not, we can help you file a workers’ compensation claim. In the case of wrongful death, the worker would be allotted death benefits if they are considered an employee.

Talk to a Jacksonville, FL Personal Injury and Workers’ Compensation Attorney 

Gillette Law represents the interests of those who have been injured on the job. We can help you determine whether or not you can file a lawsuit or a claim on your employer’s workers’ compensation policy. Call our Jacksonville personal injury lawyers today for a free consultation and learn more about how we can help.

Source:

mjbizdaily.com/mother-of-dead-cannabis-worker-sues-trulieve-alleging-wrongful-death/