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Who Is Liable for Workplace Fatalities?

Working in the construction industry can be very dangerous. Construction accidents are not as uncommon as they should be, and sometimes those construction accidents are fatal. Construction fatalities can occur in a host of situations, involving, but not limited to:

  • Falls from great heights
  • Falling objects causing traumatic head and brain injuries
  • Electrocutions
  • Construction machinery accidents
  • Exposure to harmful substances

Surviving families deserve compensation and support in this extremely difficult situation, and they might file a wrongful death suit in the aftermath of a construction fatality. Who exactly is liable, employers or other employees?

Wrongful Death Lawsuit for Construction Fatality

A wrongful death lawsuit can be filed, on behalf of the decedent, by family members or the person’s estate. In wrongful death suits, it must be proven that the defendants’ intentional or negligent actions led to the decedent’s death.

Workers’ Compensation Survivor Benefits

Employers are legally required to provide safe conditions for their employees (see New York Labor Code § 200, § 240, and § 241). However, negligence and carelessness still lead to construction fatalities.

After the loss of a loved one in a workplace accident, families can receive compensation through workers’ compensation survivor benefits. Regardless of the deceased worker’s possible fault, families are eligible to receive compensation benefits, and they do not need to prove negligence.

Filing a wrongful death lawsuit against employers, even if they were fined by Occupational Health and Safety Administration (OSHA), is difficult. In most cases, attorneys will advise you to investigate and file suit against other parties possibly involved in the accident.

Third-Party Wrongful Death Suit

Construction work involves a lot of different people, companies, and moving pieces. While it may be difficult to file a wrongful death lawsuit against the construction company that employed the deceased, other employees and companies may be at fault. With workplace fatality cases in the construction industry, the following individuals may have liability:

  • Subcontractors
  • General contractors
  • Construction site owners
  • Manufacturers or distributors of faulty equipment

Should I Hire a Construction Accident Lawyer?

Being involved in a workplace accident can have serious civil and criminal legal consequences. If you lost a loved one due to someone else’s negligence, you have legal recourse and should be compensated. An experienced construction accident lawyer will know who to investigate and how to best fight for you and your family.

To speak with a Brooklyn construction accident attorney, contact Belushin Law Firm, P.C. With more than 10 combined years of experience and an impressive track record, we are prepared to fight for you.

Our staff members speak English, Spanish, Italian, Russian, and Ukrainian, and we are more than willing to discuss your case in your native language. Call today at (888) 918-9890 or reach out online for a free initial consultation.