Construction Accident Claims: Can You Sue for Wrongful Death

When a fatal construction accident happens, one of the first questions families face is whether legal action is possible. In many cases, you can sue for wrongful death if negligence was involved, through a construction accident lawsuit.

While workers’ compensation may provide limited death benefits, it often falls short of covering the full financial and emotional impact of losing a loved one. Families are sometimes left dealing with medical expenses, lost income, and long-term uncertainty. Speaking with a personal injury lawyer can help you understand your rights, determine whether a construction accident claim is possible, and identify who may be held legally responsible.

Key Takeaways

Construction workers report thousands of injuries a year, some of which are fatal
Family members of construction workers killed in job-related accidents could be eligible for workers’ compensation death benefits
Workers comp death benefits provide financial recoveries such as lost wages, medical expenses, and funeral costs
In cases where negligence contributed to the death of a loved one, surviving family members may be entitled to further compensation for wrongful death
Proving wrongful death often means disputing against construction companies’ lawyers and insurance adjusters. This makes hiring a capable construction death lawyer vital for receiving the full recovery you deserve after losing a loved one

Insurance companies are notorious for taking advantage of grieving family members after they lose a loved one to a workplace death. Whether you’re entitled to workers comp death benefits or‌ a wrongful death settlement, a free consultation with a construction death lawyer from Zinda Law Group can help you make a plan of action.

Who Is At Fault for a Family Member’s Construction Accident Death?

If a negligent or careless person contributed to the accidental death of an employee, the careless party may be held responsible. In this case, surviving family members may be entitled to financial compensation for the wrongful death of a loved one.

Workers’ comp insurance may cover any death on the job site, regardless of who’s at fault.
That said, a wrongful death refers to a death caused by a careless person or company who didn’t follow required safety measures.

The sad truth is that many of the construction accident deaths we encounter were preventable. Some employers cut corners on their construction job sites, even when it comes to following safety codes and fixing workplace hazards. Unsafe working conditions indicate the construction company’s management was careless.

But the employer isn’t the only party who may have contributed to the wrongful death. In some situations, the property owner, general contractor, subcontractor, or equipment manufacturer made the hazardous work environment unsafe.

In short, ‌surviving family members or beneficiaries may be able to file a construction accident lawsuit to seek compensation for their losses if a careless person or company caused the fatality.
The victim’s family may also file a wrongful death lawsuit to receive damages if the employer didn’t carry workers’ comp death insurance.

Filing a wrongful death claim is similar to the personal injury lawsuit process, except a family member files it on behalf of the victim. The amount of compensation awarded in either a wrongful death or a workers comp death claim depends on the severity of the damages and the laws of the state. But you can expect insurance companies to resist the claim and try to settle for less.

We suggest a free consultation with a skilled construction death lawyer. Our experts at Zinda Law Group are experienced in holding negligent employers accountable. Filing a claim is the best way to ensure other employees don’t suffer similar injuries.

Construction workers have rights

The Occupational Safety and Health Administration (OSHA) has the mandate of guaranteeing that all workers have a safe and healthy working environment. OSHA is in charge of overseeing and enforcing workplace safety regulations.

The idea that hazards are part of manual labor and that danger comes with the job is outdated. Construction workers are entitled to the same safe and secure workplace as any other employee.

Here are the fundamental safety rights every construction worker should have:

Receive Workplace Safety and Health Training in a Language You Understand: OSHA requires employers to provide safety training in a language employees understand, including warning signs, color coding, and regular training updates.
Work on Safe Machines: OSHA mandates safeguards for all potentially hazardous machinery to prevent worker injuries.
Receive Required Personal Protective Equipment: Employers must provide workers with free personal protective equipment (PPE). Depending on the job site hazards, PPE may include hard hats, gloves, earplugs, and respirators. It’s the employer’s responsibility to accurately assess the hazards and provide the appropriate protection.
Be Protected from Toxic Chemicals: OSHA mandates informing and training workers on hazardous chemicals in the workplace, including info on preventing exposure and emergency treatment. OSHA requires proper labeling and hazard warnings on any hazardous substance.
Ask for an OSHA inspection: Construction employees can ask for an inspection and speak privately with an inspector if they feel their worksite is unsafe and their employer has violated OSHA rules. Employers can’t retaliate or fire employees for asking for an inspection.
Review Records of Work-Related Injuries and Illnesses: Employers with over ten employees in high-risk industries must keep accurate records of work-related injuries and illnesses and post a summary of the previous year’s log for employees to view. Employees can also demand a complete copy, which must be provided by the next business day.
Report an Injury or Illness and Get Copies of Your Medical Records: Construction workers have the right to report a work-related injury or illness without consequences from their employer. Workers have a right to a copy of their medical records. Employers are responsible for testing workers for things like lung capacity and hearing after exposure to asbestos or loud noises.
See the Results of Tests Taken to Find Workplace Hazards: OSHA standards require employers to test for harmful substances like lead, asbestos, noise, and radiation in the workplace. Construction employees have the right to request and view the test results.

Workers’ Compensation For Construction Workers

While workers comp death benefits cover many cases of workplace death, workers comp may not cover fatalities caused by the negligence of third-party property owners or subcontractors.

If you lost a loved one to a work-related accident, a free consultation with one of Zinda’s construction death lawyers is the first step toward understanding exactly what types of compensation you’re entitled to.

Types of Compensation Family Members May Receive from Workers’ Comp Death Benefits

Workers’ compensation provides death benefits to the surviving family members of an employee killed on the job site. These benefits typically include payment for a portion of the deceased worker’s lost wages, reimbursement for medical expenses related to the injury, and coverage of funeral and burial costs.

The maximum compensation offered by death benefits varies based on state law. You could sign away your right to sue for wrongful death once you accept ‌workers’ comp death benefits.

We suggest consulting a seasoned construction death lawyer before you accept any insurance company’s offer. Seasoned construction injury attorneys like our team at Zinda Law Group offer free consultations. We can review the facts of your family member’s death at no cost to you.

What Are The General Damages For Construction Death?

Some of the damages to family members of construction employees who were killed in a work-related accident include:

Funeral Expenses/Burial Costs cover the costs of laying your family member to rest.
Loss of Financial Support recovers the loss of financial stability caused by the death of a family member.
Punitive Damages are rare damages charged to a negligent party to punish them for causing a fatal injury.

How Long Do You Have To File a Wrongful Death Lawsuit After a Family Member Has Passed?

While the statute of limitations for filing a wrongful death lawsuit varies from state to state, family members typically have two years to file the lawsuit. To determine your rights in this tragic situation, we suggest consulting a seasoned wrongful death attorney in your area as soon as you’re able.

How a Construction Death Lawyer Can Help

Sadly, many construction accident deaths could have been prevented if employers followed safety codes and fixed workplace hazards with the swift attention to detail OSHA laws require.

However, the employer may not be solely responsible for your loved one’s death.

In some cases, the property owner, general contractor, subcontractor, or equipment manufacturer caused the fatal work conditions.

Insurance companies often exploit grieving families after a workplace death, lowballing their workers comp death benefit offers. And once you sign their deal and accept their settlement, you might be giving up your right to file a wrongful death lawsuit.

If someone else’s negligence on a construction site caused the wrongful death of a loved one, you may be entitled to financial compensation through a construction accident lawsuit. The construction death lawyers at Zinda Law Group can help you with the legalities, to secure maximum compensation for your injuries or loss.

Call Zinda Law Group at (888) 564-5596 for a 100% free case evaluation with our experienced construction death and workplace accident attorneys. You pay nothing unless we win your case. That’s our No-Win, No-Fee Guarantee

Frequently Asked Questions

What happens when someone dies on a construction site?

When a fatal construction accident occurs, the incident is typically investigated by the employer, OSHA, and sometimes law enforcement. The family may be entitled to workers’ compensation death benefits, and in some cases, may also pursue a wrongful death claim if negligence played a role.

Is wrongful death the same as negligence?

No. Negligence is the failure to act with reasonable care, while wrongful death is a legal claim brought when that negligence leads to someone’s death.

What is the workmen compensation in case of death?

Workers’ compensation death benefits generally provide financial support to dependents, including a portion of lost income and funeral expenses. However, the amount is often limited and may not reflect the full value of the loss.

What happens if a worker dies at work?

An investigation is usually conducted to determine how the accident occurred. The family may receive workers’ compensation benefits and may also have the right to pursue additional legal claims depending on the circumstances.

What is the most common accident in construction?

The most common construction accidents include falls from heights, being struck by objects, electrocutions, and being caught in or between equipment or structures.