Legal Options for Families Who Lose a Loved One in a Fatal Workplace Accident

Construction sites present various risks to workers. Recently, two construction workers suffered injuries and one worker was killed when a retaining wall collapsed while concrete was being poured. Unfortunately, it took many hours before the worker’s body could be retrieved. The Occupational Safety & Health Administration is leading an investigation to determine what caused the accident.

Compensation for Families Who Lose a Loved One in Fatal Work Accidents

Under workers’ compensation in New York, death benefits may be available to: 

  • a surviving spouse;
  • children; and
  • possibly other dependents when a loved one is killed in a workplace accident.

This may include partial wages and funeral costs. But it might not be the only recourse that families can take.

If a third party’s negligence was a contributing factor in a fatal work accident, the family might also be entitled to file a wrongful death claim against that party. Oftentimes work performed on a construction site involves various companies and/or independent contractors.

Through a wrongful death claim, those who are eligible to be compensated could receive much more than would be awarded in a workers’ compensation claim it may include damages that address: 

  • the earning capacity (sometimes until the person was expected to reach retirement);
  • pain and suffering; and
  • the losses experienced in certain relationships.

For instance, spouses could recover for loss of companionship and children may be entitled to damages that address loss of nurturing and guidance. When a family member suffers fatal injuries in a workplace accident, it’s important to understand your legal rights to hold the liable party responsible and recover fair compensation for damages.

Contact an attorney who is familiar with both workers’ compensation and wrongful death cases to learn what options may be pursued. Gacovino, Lake & Associates helps families and injured workers recover fair compensation after serious accidents, so call 800-550-0000 or fill out our contact form to set up a consultation.

Related Posts