Loved One Died On A Construction Site? Here’s What You Need To Do
New York has some of the most stringent labor laws to ensure the safety and well-being of workers – especially those in the construction industry. Despite these laws, construction accidents are alarmingly common in New York.
Data from the New York Committee for Occupational Safety and Health (NYCOSH) shows that construction accidents are responsible for 1 out of every 4 workplace deaths in New York. In 2020, a total of 41 people were killed in construction accidents even though construction activity in the state had considerably reduced during the peak of the pandemic.
Common Causes of Fatal Accidents on Construction Sites
- Falls from heights
- Being struck by a falling or moving object
- Getting pinned or stuck between two objects
- Getting caught or stuck between the moving parts of construction machinery
- Electrocutions
What Should You Do If Your Loved One Died in a Construction Accident?
Following the death of your loved one, you need to contact an experienced New York construction accident lawyer as soon as you can. Many people mistakenly believe that in the event of a fatal construction accident, the dependents of the deceased are only entitled to workers’ compensation benefits. It is not true at all.
Depending on the circumstances, you might be able to recover compensatory damages by filing a wrongful death claim – in addition to the workers’ compensation benefits you are entitled to. Only a skilled NYC construction accident lawyer can determine whether you have a legitimate claim against a third-party and if so, how much you can seek in compensation.
Filing a Workers’ Compensation Claim
Under New York law, you are entitled to receive survivor benefits following the death of your loved one.
Your weekly payments are usually calculated based on your loved one’s average weekly wages (for the one-year period immediately prior to their death). These payments are subject to the weekly maximum cap set under the law.
Your New York construction site accident attorney can help you file the claim in a timely manner and make sure you receive all the benefits you are entitled to under the law.
Filing a Wrongful Death Claim
If your loved one’s death was caused as a result of a third party’s negligence, you can file a wrongful death claim and seek compensation from them. Depending on the circumstances, you might be able to sue the general contractor, subcontractor, property owner, architect, engineer, or the manufacturer of a defective product and recover damages.
The compensatory damages you can recover include medical expenses (associated with your loved one’s treatment prior to their death), loss of earnings and loss of inheritance. It should be noted that under New York law, only the executor or administrator of the estate has the right to file a wrongful death claim. If there is no designated personal representative, the Surrogate Court will appoint one.
Choose the Trusted New York Construction Accident Lawyers to Maximize Your Compensation
At the Law Offices of Michael S. Lamonsoff, we have over 100 years of combined experience in fighting for the rights of construction workers and their families in New York. If you have lost a loved one in a construction accident, you might be entitled to monetary damages in addition to workers’ compensation benefits.
We can help you file a workers’ compensation claim, identify all the liable third-parties and file a wrongful death claim against them, and fight hard to obtain the maximum amount of compensation possible. Call us today at 212-962-1020 or contact us online to schedule a free consultation with one of our seasoned New York construction accident attorneys.