Fatal Construction Accidents: What Families Need to Know About Wrongful Death Claims

The construction industry, while vital to our infrastructure, is inherently dangerous. In 2020, more deaths were related to on-the-job accidents and illnesses in construction than in any other industry. When fatal accidents occur, families are often left grappling with immense grief and uncertainty about their legal and financial future. If you’ve lost a loved one in a construction accident, understanding your rights and options for pursuing a wrongful death claim is crucial.

Understanding Wrongful Death Claims in Construction Accidents

A wrongful death claim arises when someone dies due to another party’s negligence, recklessness, or misconduct. In the context of construction accidents, this often involves a failure to uphold safety standards, which can lead to devastating consequences. These claims provide a pathway for surviving family members to seek justice and financial compensation for their losses.

Common Causes of Fatal Construction Accidents

Construction sites are fraught with potential hazards. According to OSHA, a significant percentage of construction-related fatalities stem from what are known as the “Fatal Four”:

Falls: Falls are the leading cause of death in the construction industry, accounting for nearly 36% of all fatal injuries. These can occur from heights due to inadequate fall protection, such as missing guardrails or malfunctioning harnesses.
Struck-By Accidents: These incidents involve workers being hit by moving objects like cranes, vehicles, falling tools, or construction materials. Heavy equipment and falling debris are constant threats on busy construction sites.
Electrocutions: Electrocution is another major hazard, often resulting from improperly installed or exposed electrical systems, overhead power lines, and faulty tools.
Caught-In/Between Accidents: These accidents happen when a worker is pinned between heavy equipment, machinery, or collapsing structures, such as in trench collapses.

Other common causes of construction accidents include equipment-related accidents stemming from improperly maintained or operated machinery, such as cranes, forklifts, or power tools.

Who Can File a Wrongful Death Claim?

In most jurisdictions, including Washington State, wrongful death lawsuits must be filed by certain eligible parties, primarily the family members of the deceased. This typically includes:

Spouse
Children
Parents
Dependents

The specific laws regarding who can file a claim and the types of damages that can be recovered vary by state, so it’s essential to consult with an attorney who is familiar with the laws in your jurisdiction.

Proving Negligence in a Wrongful Death Claim

To succeed in a wrongful death claim, you must demonstrate that the death was caused by another party’s negligence. This involves establishing that:

Duty of Care: The defendant (the party being sued) owed a duty of care to the deceased. This means they had a legal obligation to act reasonably to prevent harm.
Breach of Duty: The defendant breached their duty of care by failing to act reasonably. This could involve violating safety regulations, failing to provide adequate training, or using defective equipment.
Causation: The defendant’s breach of duty directly caused the death of the deceased.
Damages: The family has suffered damages as a result of the death, such as lost income, medical expenses, and funeral costs.

Identifying Liable Parties

Construction sites often involve multiple parties, which can complicate the process of determining liability. Potentially liable parties may include:

General Contractors: Responsible for overall site safety and ensuring subcontractors comply with regulations.
Subcontractors: Responsible for the safety of their own employees and for avoiding negligent actions that could harm others on the site.
Property Owners: Have a duty to maintain a safe premises for workers on their property.
Equipment Manufacturers: Can be held liable if defective equipment caused the accident.
Third-Party Companies: Any other entities whose negligence contributed to the accident.

Types of Compensation Available in a Wrongful Death Claim

If a wrongful death claim is successful, the family may be entitled to various types of compensation, including:

Medical Expenses: Costs associated with the deceased’s medical treatment prior to death.
Funeral and Burial Costs: Expenses related to the funeral and burial arrangements.
Lost Income: The income the deceased would have earned over their lifetime.
Loss of Benefits: Loss of benefits such as health insurance, retirement funds, and other employment-related benefits.
Loss of Consortium: Compensation for the loss of companionship, love, and support.
Pain and Suffering: In some cases, compensation may be available for the deceased’s pain and suffering prior to death.
Punitive Damages: In cases of egregious negligence or intentional misconduct, punitive damages may be awarded to punish the wrongdoer and deter similar conduct in the future.

The Role of OSHA in Construction Accident Investigations

The Occupational Safety and Health Administration (OSHA) plays a crucial role in protecting construction workers by setting and enforcing safety standards. When a construction accident results in serious injury or death, OSHA typically investigates to determine whether any violations of safety standards contributed to the incident.

OSHA’s investigation involves a thorough examination of the accident site, interviews with witnesses, and a review of the employer’s safety practices and records. The findings from OSHA’s investigation can be instrumental in determining liability and accountability. For personal injury attorneys, OSHA’s investigation reports can provide critical evidence that may support a claim of negligence against an employer or other parties.

The Importance of Legal Representation

Navigating the complexities of a wrongful death claim can be overwhelming, especially while grieving the loss of a loved one. An experienced construction accident attorney can provide invaluable assistance by:

Conducting a thorough investigation of the accident
Identifying all potentially liable parties
Gathering evidence to support your claim
Calculating the full extent of your damages
Negotiating with insurance companies
Representing you in court, if necessary

Statute of Limitations

It’s crucial to be aware of the statute of limitations, which is the time limit for filing a lawsuit. In New York, you must file wrongful death claims within two years of the person’s death. Failing to file a claim within the statute of limitations will forever bar you from recovering compensation.

Seeking Justice and Compensation

Losing a loved one in a construction accident is a devastating experience. While no amount of money can ever replace your loss, pursuing a wrongful death claim can provide financial security for your family’s future and hold the responsible parties accountable for their negligence. Contacting an experienced construction accident attorney is the first step toward understanding your rights and options and seeking the justice and compensation you deserve.