A vast majority of workplace deaths in the United States occur on construction sites. These accidents are so common that the Occupational Safety and Health Administration (OSHA) has categorized them as the “fatal four” incidents.
What are the Fatal Four?
These four accidents are the most common causes of construction accidents in Hudson Valley and typically result in fatalities. They include falls, being caught in or between something, being struck by and object, and electrocution.
Filing a Wrongful Death Suit
After a construction accident in Hudson Valley, family members rarely consider filing a wrongful death suit. However, a few weeks or months after the incident, loved ones start to realize the financial and emotional burden they are left with following their family member’s death. From funeral and burial costs to medical bills and lost wages, these damages add up and significantly impair a family from moving forward.
For those suffering, it may be worth it to consider legal options following a death on a construction site that was due to negligence.
Wrongful Death and Survivor Actions
A wrongful death action is brought by family members based on the argument that their loved one died because of another’s negligence. These measures detail out the financial and emotional losses the family has encountered after their loved one’s passing and shows that the defendant is liable for causing these losses.
Survivor actions, on the other hand, are filed by the family and claim that the construction worker died due to the defendant’s negligence. The negligence led to severe pain and suffering in that employee before their death. Had the construction worker survived, they would have filed a personal injury lawsuit against the defendant. Therefore, family members are now filing a lawsuit on his or her behalf.
Workers’ Compensation Laws May Apply
Following a construction accident in Hudson Valley, including those that result in death, it is important for family members to seek representation from a construction accident attorney. This is because these incidents and deaths may fall under workers’ compensation laws. When workers’ compensation applies, it prohibits family members from seeking compensation.
Some states do not allow workers’ compensation laws to take over when a death occurs on the job site, especially if that death was due to the defendant’s negligence. If workers’ compensation laws do apply, however, loved ones are limited as to how much compensation they can recover from the employer. Typically, the family members are limited to expenses such as funeral and burial costs, medical bills encountered, and possibly a portion of their pay.
The laws regarding workers’ compensation and construction accidents are inherently complex. They vary from county to county and state to state. As a result, anyone that is seeking compensation following the death of a loved one should seek legal counsel. An attorney can evaluate the case, determine which parties are negligent (and responsible), and determine which workers’ compensation laws may prohibit compensation.
