Can a Construction Worker's Family Sue for Wrongful Death?

The construction industry is among the most dangerous types of work in the United States. Every year, thousands of workers employed in construction are injured on the job. When a construction worker is killed in a fatal accident, their loved ones may not know where to seek help.

If you lost a loved one in a workplace accident, you may be able to recover financial compensation from the construction company. Family dependents can get workers’ compensation death benefits after a workplace death. Some family members can also file a wrongful death lawsuit to get damages.

Wrongful death and personal injury laws are different in every state. Talk to a construction accident lawyer for legal advice on holding your loved one’s employer accountable.

Who Is Responsible for Your Loved One’s Fatal Accident?

Unfortunately for family members, many of these injury cases are preventable. Construction companies may cut corners on safety precautions, training, and fixing safety hazards. When an employer’s negligence causes a fatal injury, the negligent employer can be held responsible for damages.

Depending on the cause of a fatal construction accident, the negligent party could include:

• Construction companies
• Property owners
• General contractors
• Subcontractors
• Equipment manufacturers

If another person or company is negligent in causing your loved one’s death, the at-fault party can be held financially liable for losses. Surviving beneficiaries or family members like you can file a wrongful death lawsuit to recover compensation for your loss. If an employee is killed on the job, the family may also be able to get workers’ compensation death benefits.

About Workers’ Compensation Death Benefits

Most employers are required to carry workers’ compensation insurance. Workers’ comp covers medical expenses and partial wage replacement for on-the-job injuries. Injured workers don’t have to prove employer negligence. However, employees are limited in filing personal injury claims against an employer for common negligence when they receive workers’ comp benefits.

If your loved one is killed on the job, workers’ compensation also provides a death benefit to you or other surviving family members. Death benefits are awarded to the dependents, which could include a surviving spouse and children. Death benefits include loss of financial support for lost wages, medical expenses, and funeral expenses.

The maximum payment for death benefits can depend on state law. If you have questions about how much you can receive in workers’ comp death benefits, talk to a workers’ compensation lawyer for more information.

When To File a Wrongful Death Lawsuit

If workers’ compensation does not cover your loved one, you may be able to file a wrongful death lawsuit for damages. A wrongful death claim is like a personal injury lawsuit, but a personal representative or family member files a claim on behalf of the victim.

How Much Can a Family Recover in a Wrongful Death Claim?

Damages in wrongful death cases can include:

• Funeral expenses
• Burial costs
• Loss of financial support
• Loss of benefits

In some fatal work injury claims, the family may be able to get punitive damages. Punitive damages are for intentional or reckless conduct. Punitive damages or exemplary damages can be used to punish the wrongdoer. However, these types of damages are rare in construction accident cases.

How a Wrongful Death Lawyer Can Help

Construction companies generally don’t like to pay out money if they don’t have to. Even if a construction company was responsible for a worker’s fatal accident, they may try to blame the accident on the deceased worker. Companies may also try to deny workers’ comp death benefits so they don’t have to pay damages. Hiring a legal advocate lets these companies know you cannot be pushed around.

There is limited time to file a wrongful death claim under the statute of limitations. Talk to an experienced construction accident attorney about your wrongful death or workers’ compensation claim.