Sadly, some work-related accidents are lethal. Workers' comp has a modest death benefit for the family, but is there anything else that the family can do when the employer is responsible for the death? Normally, an employer who carries official workers' comp insurance is completely immune from suit when they injure their own employees. However, when the accident results in death, there is a tiny crack in the employer’s armor. The family of the deceased can sue the employer even if the employer has official workers’ comp if they can show that the employer’s gross negligence caused the death. To prove gross negligence, the family must show that the company knew that its actions created an extreme risk of harm, but nevertheless proceeded with conscious indifference to the rights, safety and welfare of others. In essence, it is the "I don’t give a darn" standard. In other words, if the employer knows that its actions are very dangerous but proceeds anyway, it is grossly negligent. If you think your loved one’s death was caused by gross negligence, give us a call, and we may have a chance to pierce the immunity created by workers’ comp and seek full recovery for all your losses.