Is the company liable for my brothers death during work?

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?

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Answered By: Andrew T. Velonis, P.C.

Call now: (315) 579-3108

Your brother's estate is entitled to collect from Worker's Comp.

Answer Applies to: New York - Replied: 8/31/2011

Answered By: The Law Office of Stephen R. Chesley, LLC

Call now: (718) 569-8738

If one is injured while at work he is entitled to worker's compensation benefits. There are death benefits that are included in that. You cannot sue your employer. However, based on the circumstances if someone other that your employer was responsible for one's injuries ou may bring a third party claim.

Answer Applies to: New York - Replied: 8/29/2011

Answered By: Law Office of Jared Altman

Call now: (914) 737-0200

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.

Answer Applies to: New York - Replied: 8/29/2011

Disclaimer: The responses above do not form an attorney-client relationship. These answers may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. These attorneys may or may not be admitted to state bar of your state.

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