Caution tapeAn unfortunate accident occurred Wednesday when a maintenance worker was struck and killed by a vehicle while working in the parking lot of the Draper Spectrum shopping center. Apparently the maintenance worker, who is from Weber County, was working in a storm drain in the parking lot when a vehicle entered the lot via a ramp and not seeing the worker, drove over the storm drain and struck him. The man was taken to the hospital, and later died from the injuries suffered. No charges have been filed at this point, though the accident is under investigation.

 Our condolences go out to the family of this man. It seems that this is a case in which both the worker and the vehicle were trying to occupy the same space at the same time, and, unaware of each other, the worst possible scenario was realized.

Compensation for the Family of the Deceased

In such a case, the family of the deceased has the right to receive compensation resulting from the death of their loved one. Granted, one cannot place a monetary value on life, but tangible things such funeral costs and lost wages, and even intangibles such as time lost with the deceased, can and should be compensated for.

Most people believe that workers’ compensation would cover the items mentioned above. While this is true, the family could make a personal injury claim under the at-fault driver’s car insurance policy, should the driver be found to be the guilty party. It is also possible that compensation could be sought for through the car insurance policy of the deceased, as well as the employer’s car insurance policy.

Utah personal injury attorney Ken Christensen said, “Personal injury claims are better than workers compensation claims because workers compensation only covers a fraction of the damages and loss, whereas a personal injury claim allows the family to recover 100% of the damages.”