Among the rights families have after fatal construction accidents is to demand fair compensation. You might be suffering from immense grief, lost financial support, and many other damages as a direct result of the fatal accident. Demand justice. Hire an attorney.
Your construction accident lawyer will explain your rights, defend your rights, and exercise your right to pursue compensation reflecting your damages. Mourn your loss and be with loved ones while your attorney fights for the financial recovery you are entitled to.
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Construction Is One of the Most Dangerous Industries
Construction remains one of the most dangerous professions in America, with workers facing life-threatening risks daily. You might pursue compensation in the wake of a fatal accident resulting from:
A Fall
Falls remain the leading cause of construction worker fatalities, representing a critical safety challenge. A worker can lose their life because of:
- Vertical falls from scaffolding, roofs, and ladders
- Unprotected floor and platform edges
- Slips on unstable or wet surfaces
- Collapses of temporary working structures
You do not need to re-experience the details of a loved one’s fall. Allow a lawyer to document the accident, determine who is at fault, and pursue compensation while shielding you from distressing case details.
Struck-By Accidents
Struck-by incidents involve workers being hit by moving equipment or falling objects, which can include:
- Falling tools and materials
- Moving construction vehicles
- Crane and lifting equipment operations
- Demolition and road construction zones
These are among the most dangerous accidents that happen on construction sites, which is why they are commonly seen in wrongful death cases.
Electrocution
Electrical accidents represent significant workplace risks and may result from overhead power line contact, exposed wiring, improper equipment grounding, damaged electrical tools, and other hazards.
Caught-Between Accidents
Incidents where workers are compressed can be fatal.
Equipment and Machinery Failures
Machinery is a necessary aspect of construction but can be particularly dangerous when the defective machinery is:
- Heavy construction machinery
- Cutting and drilling tools
- Lifting and moving equipment
- Temporary structural supports
Your construction accident lawyer will determine who is responsible for any machinery or equipment failures that proved fatal.
Chemical and Toxic Exposure
If your loved one passed away due to the short- or long-term health risks from hazardous materials, you likely have grounds to seek compensation. Let an attorney help.
If your loved one passed away under any other circumstances, speak with a construction accident attorney as soon as possible.
Do Workers’ Compensation Death Benefits Cover the Cost of a Fatal Construction Accident?
Workers’ compensation death benefits can be a financial lifeline for survivors. Most employers in the construction sector are required to have this insurance, and this insurance is important because:
- Construction has one of the highest workplace injury rates among all industries, with falls, struck-by incidents, electrocutions, and caught-in/between accidents (the “Fatal Four”) accounting for a significant percentage of serious injuries and fatalities.
- Workers’ compensation provides essential medical coverage for injured construction workers, covering emergency care, surgeries, ongoing treatment, rehabilitation, and medications needed after workplace accidents.
- Most states require construction employers to carry workers’ comp coverage from the first employee hired, with severe penalties for non-compliance, including stop-work orders, hefty fines, and even criminal charges.
- Workers’ comp creates financial incentives for construction companies to invest in comprehensive safety programs, proper training, and appropriate protective equipment.
Your lawyer will discuss the merits of pursuing compensation through workers’ compensation insurance. Another potential option for you is to sue negligent parties who contributed to or are otherwise liable for, your loved one’s death.
Workers’ Comp Can Protect Employers from a Lawsuit (But Not Negligent Third Parties)
The workers’ compensation third-party exception is significant in construction settings. A decedent’s family cannot generally sue an employer who has maintained workers’ compensation insurance.
However, the family may pursue wrongful death claims against other parties whose negligence contributed to the death.
Can I Sue Those Who Are Responsible for the Fatal Construction Accident?
The workers’ compensation system is just one avenue of potential support. Families should also consider filing a lawsuit; your lawyer will help evaluate this option.
Wrongful death lawsuits allow families to pursue damages by proving negligence. This broader legal approach can lead to a more comprehensive financial recovery.
Potential Grounds for Filing a Fatal Construction Accident Lawsuit
Because you must prove negligence to file a wrongful death lawsuit successfully, your lawyer may need to show that your loved one’s passing resulted from:
- Equipment Failure: When manufacturing defects in tools, machinery, or safety equipment directly contribute to the fatal accident
- Systemic Safety Violations: Documented patterns of regulatory non-compliance that demonstrate institutionalized risk
- Inadequate Training Protocols: Provable failures in safety education and workplace preparation that directly led to increased workplace danger
- Subcontractor Negligence: Specific actions or omissions by contracted teams that created hazardous working conditions
- Any other failure that qualifies as negligence rather than mere unavoidable workplace danger
Successful wrongful death claims require meticulous investigation and expert testimony, which an experienced construction accident lawyer will provide to you.
Whatever Strategy You Ultimately Decide Upon, Hire a Construction Accident Lawyer to Represent You
There are many reasons to have an attorney represent you, and some of the most compelling reasons to hire a fatal construction accident lawyer are:
Workers’ Compensation Has Strict Limitations
Workers’ compensation may provide some benefits after a fatal construction accident, but these benefits are often inadequate for survivors because:
- Death benefits typically cover only a portion of the deceased worker’s average weekly wage
- Most states cap funeral expense reimbursement
- Benefits may end after a specific period
- Workers’ comp does not generally cover pain and suffering or emotional distress
Therefore, a lawyer’s ability to file a lawsuit can be priceless.
Evidence Must Be Preserved Immediately
Construction sites can change rapidly after accidents, making prompt investigation vital because:
- Physical evidence at the scene quickly disappears as work continues
- Equipment involved in accidents gets repaired or replaced
- Witnesses scatter to other job sites or locations
- Weather conditions can destroy outdoor evidence
The rapid pace of construction means critical evidence can be lost forever if not properly documented and preserved by experienced legal professionals. Hire your attorney today.
Your Damages Must Be Documented Right Away
Survivors deserve compensation for all of their recoverable damages. An experienced attorney will ensure none of your losses are overlooked when calculating the full compensation you deserve.
Insurance Companies May Try to Limit Your Compensation
Survivors may face sophisticated adversaries after fatal accidents, and insurance companies may:
- Offer quick settlement offers before the full extent of losses is known
- Request recorded statements that may be used against the family
- Attempt to shift the lame to the deceased worker
- Claim that the worker was an independent contractor, not an employee
These and other bad-faith tactics highlight why families need their own skilled advocates to level the playing field against well-resourced insurance companies and corporate defendants.
You May Face Critical Deadlines
Most wrongful death cases have rigid filing deadlines. Your lawyer can meet these deadlines, but perhaps not if you wait to hire them.
Construction Laws Are Complex
Fatal construction accident cases can involve unique legal and technical elements, such as:
- A complex web of safety regulations
- Industry-specific standards and practices
- Equipment specifications and safety standards
- Engineering and architectural standards
- Trade-specific safety protocols and training requirements
This specialized knowledge allows construction accident attorneys to identify violations and establish liability in ways a general practice attorney might miss.
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Parties Who May Be Liable for Your Loved One’s Fatal Construction Accident
Your attorney will gather all relevant information about how your loved one passed away. They may find that one or more parties’ negligence directly contributed to their death, and these parties may include:
- A Construction Company: The primary employer can be held liable for systemic safety failures, inadequate training, or known hazardous conditions
- Site Contractors: General and subcontractors might share responsibility if their specific work practices contributed to the unsafe environment
- Equipment Manufacturers: When defective machinery or safety equipment plays a role in a fatal accident, manufacturers can be pursued for product liability
- Property Owners: Those responsible for the overall site conditions might bear partial responsibility, especially if structural or environmental factors contributed to the accident
- Engineering and Design Firms: Fundamental design flaws or safety plan failures can implicate broader professional entities
If filing a lawsuit is a viable option for you, your lawyer will discuss possible defendants and case strategies.
Who Is Eligible to Seek Compensation for a Fatal Construction Accident?
You may be entitled to compensation after a fatal construction accident if you are a:
- Surviving Spouse: The legal partner who shared life and financial interdependence with the deceased worker. It includes legally married spouses and, in some states, long-term domestic partners who can demonstrate financial codependency.
- Dependent Child: Biological, adopted, or stepchildren who were financially reliant on the deceased worker. It typically includes children under 18, full-time students up to age 22, and children with permanent disabilities regardless of age.
- Additional Dependent Family Member: In some complex family structures, parents, siblings, or other relatives financially supported by the deceased may also qualify. It requires demonstrating substantial financial dependence at the time of the accident.
Your lawyer will evaluate your unique circumstances and explain whether you are entitled to compensation.
Recoverable Damages in Fatal Construction Accident Cases
In fatal construction accident cases, families may be eligible to recover various types of damages through workers’ compensation benefits and potentially through third-party claims against entities other than the direct employer. Here’s a concise list of potentially recoverable damages:
- Funeral and burial expenses: These damages cover the reasonable costs associated with laying the deceased worker to rest, though workers’ compensation systems typically impose specific caps on these amounts, which vary by state.
- Death benefits: These are regular payments made to dependents, usually calculated as a percentage of the deceased worker’s average weekly wage and continuing for a specified period or until certain events occur, such as a spouse’s remarriage or a child reaching adulthood.
- Medical expenses: This compensation covers the costs for emergency care and any treatment the worker received during the period between the time of injury and death, including ambulance services, hospital stays, and physician care.
- Lost income and financial support: This significant component of damages compensates for the deceased’s projected lifetime earnings that would have supported the family, including estimated raises, promotions, and career advancement that would have occurred throughout their working life.
- Lost benefits: This category addresses the value of health insurance, retirement contributions, pension plans, and other employment benefits the deceased would have provided their family over their expected work life.
- Pain and suffering: These damages provide compensation for the physical pain and emotional distress experienced by the worker between the time of injury and death, though it’s important to note these are only available in third-party claims, not through workers’ compensation.
- Loss of consortium: These damages compensate the spouse for their loss of companionship, affection, comfort, sexual relationship, and the overall partnership aspects of marriage that were permanently taken away by the fatal accident.
- Loss of parental guidance: This compensation acknowledges the immeasurable loss suffered by children who no longer have the deceased parent’s guidance, instruction, nurturing, and presence throughout their developmental years.
- Loss of household services: This category addresses the economic value of domestic tasks and home maintenance that the deceased would have performed, such as repairs, yard work, childcare, cooking, and other household contributions.
- Mental anguish of survivors: In some jurisdictions, the law recognizes and provides compensation for the profound emotional suffering and psychological trauma experienced by immediate family members following the sudden, traumatic loss of their loved one.
- Punitive damages: In cases involving extreme negligence, willful disregard for safety regulations, or particularly egregious conduct, punitive damages are intended to punish the wrongdoer and deter similar behavior in the future. They are only available in third-party claims; not all jurisdictions permit them.
The availability of these damages varies significantly based on whether the claim is limited to workers’ compensation or includes third-party liability claims. A specialized attorney can assess which damages are recoverable in your specific situation.
Hire Your Fatal Construction Accident Attorney Today
Don’t face this tragedy alone. The right attorney will immediately preserve key evidence, identify all responsible parties beyond your loved one’s employer, and navigate complex deadlines while you grieve.
Personal injury attorneys understand specialized regulations, can calculate the full measure of your family’s loss, and will fight insurance companies attempting to minimize your compensation. Your family deserves both justice and financial security during this devastating time. Call attorneys today and complete your free consultations.