TL;DR: Transportation incidents are the number one cause of workplace death, accounting for 38.2% of U.S. fatal work injuries in 2024 (1,937 deaths), according to the BLS. Families can seek death benefits under workers’ compensation or wrongful-death damages in a third-party claim.
Transportation incidents were the leading cause of fatal work injuries in the United States in 2024. They accounted for 1,937 deaths, or 38.2% of all occupational fatalities, according to the U.S. Bureau of Labor Statistics (BLS). Overall, the United States recorded 5,070 fatal work injuries in 2024. That equals about one worker death every 104 minutes. These figures come from the Census of Fatal Occupational Injuries (CFOI), which tracks fatal work injuries nationwide.
BLS classifies transportation incidents as work-related events involving vehicles or other forms of transportation. These can include:
- Roadway crashes.
- Incidents involving workers struck by moving vehicles.
- Incidents involving trucks, cars, aircraft, trains, or watercraft.
Certain incidents are called transportation incidents when pedestrians, roadway workers, or others not in vehicles are hit by vehicles or powered equipment. This classification applies if the vehicle or equipment is being used for transportation, and its movement or a traffic event results in the impact.
The circumstances of a workplace death can affect which agencies investigate, what evidence is available, and whether a third party may share legal responsibility. In a transportation-related case, potentially responsible third parties could include another driver, a driver’s employer, a commercial motor carrier, a vehicle or parts manufacturer, a maintenance provider, a contractor controlling traffic at a work site, or a public entity responsible for a dangerous condition of public property.
In appropriate cases, a claim against a third party may exist alongside workers’ compensation benefits. The availability of such a claim depends on who caused or contributed to the death and the facts surrounding the incident.
Key Facts About Workplace Fatalities in California
- Transportation incidents were California’s leading cause of workplace fatalities in 2024, causing 114 deaths, or 27% of the state’s 419 workplace fatalities.
- Cal/OSHA investigation records may be relevant to a workplace death claim, but California law limits the use of Cal/OSHA citations in civil injury and wrongful death cases.
- Among California private-industry sectors, construction had the highest number of fatal work injuries in 2024, with 81 deaths.
- Workers’ compensation death benefits and wrongful death lawsuits have separate filing deadlines. Missing an applicable deadline may bar the claim.
- Cal/OSHA enforces California workplace safety and health standards in most workplaces.
Data Transparency Note: The national figures above come from the BLS 2024 Census of Fatal Occupational Injuries, released on February 19, 2026. The California figures come from BLS state-level CFOI data and its California release published on April 1, 2026. CFOI classifies fatalities in several ways, including by event or exposure, industry, and occupation, so rankings from those categories should not be treated as interchangeable. Percentages may also be rounded off.
Table of Contents
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California Personal Injury Attorney
- September 2026
Possible Causes of a Fatal Work-Related Transportation Incident
The Centers for Disease Control and Prevention (CDC) and the National Institute for Occupational Safety and Health (NIOSH) identify several modifiable risk factors for work-related highway transportation deaths, including distracted driving, roadway hazards, and combinations of these factors.
Common contributing factors may include:
- Distracted Driving: Using a phone, adjusting navigation or vehicle controls, eating, reaching for objects, or focusing on work-related communications can divert a driver’s eyes, hands, or attention from the road.
- Driver Fatigue: Long work hours, inadequate rest, or demanding schedules can reduce alertness and reaction time.
- Unsafe Driving Practices: Speeding, unsafe lane changes, failure to yield, or other negligent driving can contribute to a fatal crash.
- Poor Vehicle Maintenance: Worn brakes, defective tires, steering problems, or other mechanical failures can increase the risk of a crash.
- Unsafe Scheduling or Dispatch Practices: Delivery deadlines, unrealistic routes, excessive workloads, inadequate rest periods, or pressure to continue driving despite fatigue or unsafe conditions may contribute to a fatal crash.
- Defective Vehicles or Parts: Defective brakes, tires, steering systems, seat belts, airbags, lights, or other vehicle components may cause a collision or worsen the resulting injuries.
- Unsafe Work Zones: Poor traffic control, inadequate barriers, or improper work zone setup can expose road and construction workers to moving vehicles.
- Dangerous Road Conditions: Potholes, uneven pavement, missing or obscured signs, malfunctioning traffic signals, inadequate lighting, standing water, debris, or unsafe roadway design may cause or contribute to a crash.
Commercial truck crashes may also involve federal safety requirements. The Federal Motor Carrier Safety Administration (FMCSA) hours-of-service rules in 49 CFR Part 395 limit driving and on-duty time for covered commercial drivers and require specified rest periods. FMCSA rules also require motor carriers to systematically inspect, repair, and maintain commercial motor vehicles under their control.
An FMCSA violation does not automatically make a carrier civilly liable for a workplace accident. Its importance depends on the specific regulation, the facts of the crash, whether the violation caused the crash, and the law governing the claim.
After an accident, relevant evidence such as driver logs, electronic logging device data, dispatch records, inspection reports, and maintenance records can help establish important facts about the incident. They can help show whether driver fatigue, unsafe scheduling, poor maintenance, or another safety issue contributed to the fatal transportation incident.
Serious and Willful Employer Misconduct in Fatal Workplace Injury Cases
Workers’ compensation is generally the exclusive remedy for a work-related injury against an employer. However, California Labor Code § 4553 provides for increased workers’ compensation benefits when an injury is caused by the employer’s serious and willful misconduct. If the statutory requirements are met, the compensation otherwise recoverable may be increased by 50%.
Serious and willful misconduct requires more than ordinary or even gross negligence. California courts describe it as deliberate or intentional conduct carried out with knowledge that serious injury is a probable result, or with a wanton and reckless disregard of the possible consequences.
In a fatal transportation case, relevant facts may include whether the employer’s management:
- Knowingly employed dangerous driving practices.
- Ignored known critical vehicle defects.
- Required work despite a known and serious safety risk.
These facts do not automatically establish serious and willful misconduct. Whether § 4553 applies depends on the evidence and whether the conduct meets the heightened legal standard. A § 4553 claim remains part of the workers’ compensation system. It is different from a civil wrongful death claim against a third party and does not, by itself, create a separate civil lawsuit against the employer.
Other Major Causes of Fatalities in the Workplace
Transportation incidents are the leading cause of workplace death, but several other event categories account for a substantial share of fatal occupational injuries.
According to the BLS CFOI 2024 data, the next major causes are:
- Falls, Slips, and Trips: They caused 844 workplace deaths nationwide in 2024, about 16.6%. Of those, 150 involved slips, trips, stumbles, or falls on the same level. In California’s construction sector, falls, slips, and trips caused 43 of the sector’s 81 fatal work injuries in 2024.
- Contact Incidents: Contact incidents caused 756 worker deaths nationwide in 2024, about 14.9% of all worker deaths, making them the third-largest category of fatal events. These incidents can involve workers who are struck by objects or equipment, caught in machinery, or crushed by equipment or materials.
- Violent Acts: Violent acts caused 733 worker deaths (14.5%) nationwide in 2024. BLS reported 470 homicides and 263 suicides within this category. Retail, protective service, and healthcare workers face elevated risks of workplace violence.
- Exposure to Harmful Substances or Environments: This category accounted for 687 worker deaths (13.6%) nationally in 2024. It includes toxic fumes, chemicals, oxygen-deficient spaces, and extreme temperatures. Exposure to harmful substances or environments in California in 2024 resulted in 83 fatalities.
If you lost a loved one in a workplace accident in California, call Arash Law at (888) 488-1391 for a free case evaluation. Our workplace accident lawyers can identify who is liable and determine if it’s a workers’ compensation case, a third-party case, or both.
California Legal Rights After a Fatal Workplace Injury
After a worker dies because of a job-related injury, the family may have more than one legal option. They may qualify for workers’ compensation death benefits. If someone other than the employer helped cause the death, they may also have a separate wrongful death claim.
Understanding what families should know after a fatal accident can help clarify the different claims, deadlines, and next steps that may apply. Families may need to manage both claims simultaneously.
Workers’ Compensation Death Benefits
California workers’ compensation generally provides death benefits without requiring the family to prove that the employer was negligent.
Depending on who qualifies as a dependent, benefits may include:
- Payments to Qualifying Dependents: Certain family members who depended on the worker for financial support may qualify for death benefits.
- Burial Expenses: Workers’ compensation may pay burial expenses up to the limit allowed by California law.
- Benefits for Certain Children: Qualifying dependent children may receive additional or continuing benefits in some cases.
Deadline: California Labor Code § 5406 generally requires death-benefit proceedings to begin within one year of the applicable statutory trigger. The statute also generally prohibits commencing proceedings more than one year after the worker’s death or more than 240 weeks after the date of injury. Separate statutory exceptions may apply in certain cases.
Third-Party Civil Wrongful Death Lawsuits
Workers’ compensation is usually the main legal remedy against the employer. However, California Labor Code § 3852 allows a separate claim against a third party whose conduct contributed to the worker’s death.
Depending on how the fatal workplace accident occurred, potentially liable third parties may include:
- Negligent drivers who caused a work-related traffic collision.
- Another company or contractor whose employees or unsafe practices contributed to the accident.
- Property owners who are responsible for a dangerous condition that contributed to the death.
- Vehicle, equipment, or parts manufacturers when a defective product contributed to the fatal injury.
- Maintenance or repair companies whose negligent work contributed to equipment or vehicle failure.
- Commercial motor carriers whose unsafe driving, scheduling, supervision, or maintenance contributed to a crash.
- Government entities when a dangerous condition of public property contributed to the accident, subject to special public-entity claim rules.
A third-party wrongful death claim is different from a workers’ compensation claim. Workers’ compensation provides benefits through the employment system, while a civil wrongful death case may allow eligible family members to seek damages not covered by workers’ compensation.
Recoverable damages in a California wrongful death case may include:
- Lost Financial Support: Income and other financial contributions the deceased would likely have provided.
- Funeral and Burial Expenses: Reasonable costs associated with the funeral and burial.
- Lost Household Services: The value of services the deceased would have provided, such as childcare, transportation, cooking, or home maintenance.
- Loss of Companionship: The loss of the deceased person’s companionship, comfort, care, assistance, protection, affection, society, and moral support.
- Loss of Consortium: The surviving spouse or partner’s loss of intimacy and marital companionship.
- Loss of Guidance: The loss of training and guidance the deceased would have provided to their children.
Deadline: A wrongful death lawsuit against a private party generally has a two-year filing deadline under California Code of Civil Procedure (CCP) § 335.1. For wrongful death, that period ordinarily runs from the date of death, although exceptions can affect the deadline.
Claims against a government agency follow different rules. A claimant generally must first submit an administrative claim within six months after the claim accrues before filing a lawsuit. The correct agency and filing process depend on whether the claim involves the state, a city, a county, or another public entity.
If you are unsure of what type of case you have, wrongful death lawyers can help evaluate whether a third-party claim may be available and identify potentially responsible parties.
How Cal/OSHA Investigations Create Evidence
When a worker dies or suffers a serious job-related injury or illness, the employer must report it to the California Division of Occupational Safety and Health, commonly known as Cal/OSHA.
The report must be made as soon as practicable and generally no later than eight hours after the employer knew, or with diligent inquiry would have known, about the death or serious injury or illness. If the employer can demonstrate exigent circumstances, the report may be made within 24 hours of the incident.
Cal/OSHA generally investigates fatal workplace accidents and those involving serious injuries, illnesses, or exposures unless it decides an investigation is unnecessary. The investigation may help explain:
- The events that led to the accident.
- The workplace conditions present at the time.
- The safety rules that applied to the work.
- Any unsafe practices that may have contributed to the worker’s death.
There is an important legal limit, however. A Cal/OSHA citation itself generally cannot be used as evidence in a personal injury or wrongful death lawsuit against a third party. California Labor Code § 6304.5 restricts the use of Cal/OSHA citations in those cases.
That does not mean Cal/OSHA rules are irrelevant. Applicable safety standards may still matter when evaluating whether a third party acted reasonably under the circumstances. For families, the key point is simple: a Cal/OSHA investigation can help explain how the workplace death happened, but the citation itself should not be treated as automatic proof that a third party is legally responsible.
Frequently Asked Questions About Fatal Workplace Injuries in California
Fatal workplace injuries can raise difficult questions about lawsuits, workers’ compensation benefits, filing deadlines, and available evidence. The answers below explain key California rules, the difference between wrongful death and survival actions, and the records families may need to preserve.
Can a Family Sue After a Workplace Death in California?
Yes, in some cases. Workers’ compensation is generally the family’s exclusive remedy against the employer. However, eligible survivors may file a wrongful death lawsuit against a third party whose negligence or wrongdoing contributed to the worker’s death.
Potential third parties include negligent drivers, contractors, property owners, equipment manufacturers, and maintenance companies. A lawsuit against a private party generally must be filed within two years of the death. If a government entity may be liable, the family generally must first present an administrative claim within six months.
Limited exceptions may also permit a lawsuit against the employer. Each potential lawsuit depends on the circumstances and should be evaluated separately.
What Is the Difference Between a Wrongful Death Claim and a Survival Action?
A wrongful death claim covers losses suffered by eligible surviving family members because of the worker’s death. These may include loss of financial support and companionship.
A survival action is different. It continues a legal claim the worker had before death. Depending on the case, it may include losses the worker suffered before dying, such as medical expenses or lost earnings. Certain penalties or punitive damages may also be available when the legal requirements are met.
The two claims can arise from the same fatal accident, but they compensate for different losses.
What Are the Fatal Four in Construction Accidents?
The Fatal Four, also called OSHA’s Construction Focus Four, are fall hazards, struck-by hazards, electrocution hazards, and caught-in or caught-between hazards.
Which U.S. Industries Had the Most Fatal Work Injuries?
According to the U.S. Bureau of Labor Statistics’ Number and Rate of Fatal Work Injuries by Selected Private Industries, the U.S. industries with the highest counts of fatal work injuries in 2024 included the following:
- Construction, with 1,034 fatal work injuries.
- Transportation and warehousing, with 865.
- Agriculture, forestry, fishing, and hunting, with 475.
- Manufacturing, with 353.
- Leisure and hospitality, with 273.
These are industries, not individual jobs or occupations. The BLS reports occupation statistics separately. It is important to distinguish the event or cause of a fatal injury from the worker’s industry or occupation. These classifications measure different things. For example, construction is an industry, while transportation and material-moving occupations form an occupational group. A worker’s fatal injury may also be classified by the event that caused it, such as a transportation incident or fall.
How Much Are Workers’ Compensation Death Benefits in California?
The amount of California workers’ compensation death benefits depends on factors such as the number of eligible family members and their dependency status, as well as the applicable statutory rules.
These benefits are administered through California’s workers’ compensation system, with disputes handled by the Workers’ Compensation Appeals Board (WCAB). They may not cover all financial losses resulting from a workplace death.
If a third party contributed to the death, a separate civil claim may provide additional compensation, depending on the facts of the case.
What Evidence Is Preserved After a Fatal Workplace Accident in California?
Evidence can disappear or change quickly after a fatal workplace accident. Depending on how the death occurred, important records and physical evidence may include:
- Cal/OSHA Records: Investigation materials and other available records relating to the fatal accident.
- Employer Reports: The Employer’s Report of Occupational Injury or Illness, Form 5020, and other internal incident records.
- Medical and Death Records: Hospital records, treatment records, autopsy findings, and death certificates when applicable.
- Police or CHP Reports: Collision reports and related records when a motor vehicle was involved in the fatal incident.
- Photos and Videos: Workplace photographs, surveillance footage, dashcam recordings, or other videos showing the accident or conditions at the scene.
- Commercial Vehicle Records: Driver logs, electronic logging device data, dispatch records, inspection reports, and maintenance records when a commercial vehicle was involved.
- Physical Evidence: Vehicles, machinery, tools, defective parts, protective equipment, or other items connected to the accident.
- Witness Information: Names, contact details, and statements from people who saw the accident or knew about the conditions that led to it.
Prompt evidence preservation is important because vehicles may be repaired, equipment may be altered, and video or electronic records may be overwritten.
Lost a Loved One in a Workplace Accident? Arash Law Can Help
After a fatal workplace accident, Arash Law can investigate what happened, identify potentially responsible parties, preserve evidence, review insurance coverage, and evaluate possible workers’ compensation and third-party claims.
Our lawyers can also help families understand filing deadlines and the legal options available after a workplace death.
Call Arash Law at (888) 488-1391 for a free case evaluation. We are available 24 hours a day.
Arash Law. Make Them Pay, Call AK.
Sources
- U.S. Bureau of Labor Statistics, Census of Fatal Occupational Injuries Summary, 2024.
https://www.bls.gov/news.release/cfoi.htm- U.S. Bureau of Labor Statistics, Census of Fatal Occupational Injuries — Current and Revised Data.
https://www.bls.gov/iif/fatal-injuries-tables.htm- U.S. Bureau of Labor Statistics Western Information Office, Fatal Work Injuries in California — 2024.
https://www.bls.gov/regions/west/news-release/fatalworkinjuries_california.htm- California Department of Industrial Relations, Title 8, California Code of Regulations § 342 — Reporting Work-Connected Fatalities and Serious Injuries.
https://www.dir.ca.gov/title8/342.html- California Legislative Information, Labor Code § 4553 — Serious and Willful Misconduct.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=4553.&lawCode=LAB- California Legislative Information, Labor Code § 3852 — Third-Party Claims.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=3852.&lawCode=LAB- California Legislative Information, Labor Code § 5406 — Death-Benefit Proceedings.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=5406.&lawCode=LAB- California Legislative Information, Labor Code § 3600 — Conditions of Compensation.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=3600.&lawCode=LAB- California Legislative Information, Labor Code § 3602 — Workers’ Compensation Exclusivity.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=3602.&lawCode=LAB- California Legislative Information, Labor Code § 3503 — Dependency.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=3503.&lawCode=LAB- California Legislative Information, Labor Code § 6304.5 — Use of Occupational Safety and Health Standards and Citations in Civil Actions.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=6304.5&lawCode=LAB- California Legislative Information, Labor Code § 6313 — Investigation of Fatal and Serious Workplace Accidents.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=6313.&lawCode=LAB- California Legislative Information, Code of Civil Procedure § 335.1 — Limitations Period for Injury or Death.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=335.1&lawCode=CCP- California Legislative Information, Code of Civil Procedure § 377.60 — Persons Authorized to Bring a Wrongful Death Action.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=377.60&lawCode=CCP- California Legislative Information, Code of Civil Procedure § 377.61 — Wrongful Death Damages.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=377.61&lawCode=CCP- California Legislative Information, Government Code § 911.2 — Government Claim Presentation Deadline.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=911.2&lawCode=GOV- California Division of Workers’ Compensation, Workers’ Compensation Benefits.
https://www.dir.ca.gov/dwc/workerscompensationbenefits.htm- Occupational Safety and Health Administration, Construction Focus Four Training.
https://www.osha.gov/training/outreach/construction/focus-four- Federal Motor Carrier Safety Administration, Motor Carrier Safety Planner — Hours of Service, Part 395; Inspection, Repair, and Maintenance, Part 396.
https://csa.fmcsa.dot.gov/SafetyPlanner/MyFiles/TOC.aspx- Federal Motor Carrier Safety Administration, Inspection, Repair, and Maintenance — Part 396.
https://csa.fmcsa.dot.gov/SafetyPlanner/MyFiles/Sections.aspx?ch=22&eta=43826&sec=65- CDC/NIOSH, Distracted Driving at Work.
https://www.cdc.gov/niosh/motor-vehicle/distracted-driving/index.html- CDC/NIOSH, Driver Fatigue on the Job.
https://www.cdc.gov/niosh/motor-vehicle/driver-fatigue/index.html- CDC/NIOSH, Motor Vehicle Safety Resources.
https://www.cdc.gov/niosh/motor-vehicle/resources/index.htmlDisclaimer
Past results do not guarantee future outcomes. Every case is different. The information on this page is for general educational purposes and does not constitute legal advice. No attorney-client relationship is formed by reading or relying on this content. If you were injured, consult a licensed California personal injury attorney about your specific situation. Arash Law: (888) 488-1391.
