Wrongful death in the construction industry accounts for 18.5% of all deaths in the workplace. Wrongful death can result from injuries on heads, backs, necks, or spines. Either heavy equipment, machines, or falling objects can lead to fatal injuries. Employers should ensure the health and safety of their workers. To investigate the site which is in the same condition as when the accident happened. However, employers may try to cover up the dangerous situation.
There are different types of wrongful death damages. In general, the surviving spouse and children of the deceased one will be entitled to receive the wrongful death damages. If the deceased worker was unmarried and had no child, his or her close family relatives may be entitled to receive the wrongful death damages. The wrongful death damages include workers’ compensation death benefits. In addition, the personal representatives of the estate of a deceased worker can also bring a wrongful death lawsuit, based on the negligence or reckless behavior of the person in charge. For example, if a wrongful death resulted from scaffold fallings, the employer can be liable for a violation of the Labor Law 240, the Scaffold Law. Moreover, besides employers, a third party can also be held liable, for example, a manufacturer will be liable for a wrongful death caused by malfunctioned equipment. If winning the lawsuit, plaintiffs would receive compensation covering not only medical and funeral costs, but also the lost earnings, end-of-life costs, or even more.
Family relatives of a deceased worker are strongly advised to seek legal assistance from a New York construction injury law firm. Please feel free to call Gordon Diefenbach, an attorney in Manhattan who has been handling these kinds of cases for nearly 30 years for a free assessment. The 24-Hour Hotline is (917) 734-7111. We will either speak with you the moment you call or will return your call within a matter of hours.