Wrongful Death: Construction Accident Lawsuits Explained

The construction industry, while vital to infrastructure and development, is inherently dangerous. According to the Bureau of Labor Statistics (BLS), the construction industry accounts for almost one in five on-the-job deaths across the U.S. When fatal accidents occur due to negligence or misconduct, surviving family members may have grounds to file a wrongful death lawsuit. These claims seek compensation for their losses and hold responsible parties accountable.

What is a Wrongful Death Claim in a Construction Accident?

A wrongful death claim is a civil lawsuit filed by the surviving family members of a person who died due to another party’s negligence or wrongful actions. In the context of construction accidents, these claims arise when a worker or bystander is killed due to unsafe conditions, safety violations, or other negligent acts on a construction site. Unlike personal injury claims, wrongful death claims are filed by a representative on behalf of the deceased, providing the deceased’s estate with the right to pursue damages.

Common Causes of Wrongful Death in Construction Accidents

Construction sites are rife with potential hazards, and a multitude of factors can contribute to fatal accidents. Some of the most common causes include:

Falls from Heights: Falls are the leading cause of construction deaths, often due to inadequate fall protection equipment, unsafe work practices, or violations of OSHA standards. According to OSHA, falls cause one out of every three construction worker fatalities.
Struck-by Accidents: Workers can be struck by falling objects, moving equipment, or collapsing materials, resulting in serious or fatal injuries.
Electrocution: Contact with power lines, faulty equipment, or improperly grounded electrical systems can lead to electrocution deaths. Construction workers are four times more likely to suffer electrocution than those working in all other industries combined.
Caught-in/Between Accidents: Workers can be caught in or between heavy machinery, equipment, or collapsing structures, leading to crushing injuries or death.
Trench or Structural Collapses: Excavation sites and poorly supported structures can collapse, trapping or killing workers.
Defective Equipment: Faulty tools, malfunctioning heavy machinery, or lack of maintenance can be deadly.

Who Can File a Wrongful Death Claim?

Each state has specific laws determining who can file a wrongful death claim. Generally, the following individuals may be eligible to file a claim:

Spouse
Children
Parents
In some cases, siblings or other close relatives may be able to file a claim if no other qualified family members are available.

It must be a representative of the deceased’s estate.

Proving Negligence in a Wrongful Death Claim

To win a wrongful death lawsuit, it’s crucial to prove that the death was caused by negligence, recklessness, or wrongful actions of another party. This involves demonstrating the following elements:

Duty of Care: The defendant owed a duty of care to the deceased person. On a construction site, employers, contractors, and supervisors have a duty to ensure the safety of workers.
Breach of Duty: The defendant breached their duty of care through negligence or carelessness. This could involve ignoring safety guidelines, failing to provide proper training or equipment, or violating OSHA regulations.
Causation: The defendant’s breach of duty directly caused the person’s death.
Damages: The surviving family members suffered damages as a result of the death.

Evidence that can be used to support a wrongful death claim includes:

Accident reports
OSHA investigation findings
Witness statements
Safety protocols and training records
Photographs and videos of the accident scene
Expert testimony from construction safety specialists and engineers

Potential Liable Parties

Numerous parties could be held liable in a construction accident wrongful death case, including:

General Contractors: Responsible for overall site safety and ensuring subcontractors comply with safety regulations.
Subcontractors: Responsible for the safety of their employees and for following safety protocols.
Property Owners: Have a duty to maintain a safe premises and warn of any known hazards.
Equipment Manufacturers: Can be held liable if defective equipment caused the accident.
Jobsite Supervisors: Responsible for overseeing work and ensuring safety procedures are followed.
Real Estate Developers
Materials Manufacturers

Damages Recoverable in a Wrongful Death Claim

Surviving family members can recover various types of damages in a wrongful death claim, including both economic and non-economic losses. These may include:

Funeral and Burial Expenses: Compensation for the costs associated with the deceased’s funeral and burial.
Medical Expenses: Reimbursement for medical bills incurred before the individual’s death, such as hospital bills or emergency care.
Lost Income: Compensation for the income the deceased would have earned, including future earnings and benefits such as health insurance or retirement contributions.
Loss of Consortium: Compensation for the loss of companionship, love, and emotional support.
Loss of Household Services: Compensation for the loss of services the deceased provided, such as home maintenance or child care.
Pain and Suffering: Compensation for the emotional pain, grief, and mental anguish suffered by surviving family members.
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.

Workers’ Compensation vs. Wrongful Death Claims

In many construction accident cases, the deceased individual may have been an employee covered by workers’ compensation insurance. While workers’ compensation provides benefits to surviving family members, it typically has limitations.

Workers’ compensation benefits may include:

Funeral expenses
Death benefits for dependents
Partial wage loss recovery
Educational benefits for surviving spouses

However, workers’ compensation typically does not provide for non-economic damages such as pain and suffering or loss of companionship.

In some situations, families may be able to file both a workers’ compensation claim and a wrongful death claim. A wrongful death claim allows for a broader range of compensation, including both economic and non-economic damages.

Common Defenses in Wrongful Death Cases

Defendants in wrongful death cases may employ various strategies to avoid or minimize liability. Some common defenses include:

Contributory Negligence: Arguing that the deceased was partially or fully responsible for the accident.
Assumption of Risk: Claiming that the deceased knowingly assumed the risks associated with the job.
Lack of Duty of Care: Asserting that the defendant did not owe a duty of care to the deceased.
Statute of Limitations: Claiming that the lawsuit was not filed within the time limit prescribed by law.
Act of God: Arguing that the death was caused by an unforeseen natural event.

The Importance of Legal Representation

Navigating a wrongful death lawsuit after a construction accident is a complex and emotionally charged process. An experienced wrongful death attorney can provide invaluable assistance by:

Conducting a thorough investigation into the accident to identify all liable parties and gather evidence.
Working with experts to reconstruct the accident, analyze safety violations, and provide testimony supporting your case.
Negotiating with insurance companies and defense attorneys to secure a fair settlement.
Representing your family in court if the case proceeds to trial.

Choosing the Right Wrongful Death Lawyer

Selecting the right attorney is crucial to the success of your case. Look for a lawyer with the following qualities:

Experience: A proven track record of handling wrongful death cases, particularly those involving construction accidents.
Knowledge: A deep understanding of construction site safety regulations, OSHA standards, and personal injury law.
Resources: The ability to conduct thorough investigations, hire expert witnesses, and handle complex litigation.
Compassion: A genuine concern for your family’s well-being and a commitment to providing personalized attention and support.

OSHA’s Role in Construction Site Safety

The Occupational Safety and Health Administration (OSHA) plays a critical role in ensuring the safety and health of workers in the construction industry. OSHA establishes and enforces safety standards, conducts inspections of construction sites, and provides training and education to employers and employees.

OSHA’s “Fatal Four” are the most common causes of construction worker deaths:

Falls
Struck-by objects
Electrocutions
Caught-in/between

Violations of OSHA regulations can be used as evidence of negligence in a wrongful death claim.

Taking Action After a Fatal Construction Accident

If you have lost a loved one in a construction site accident, it is essential to take the following steps to protect your legal rights:

Seek legal advice: Consult with an experienced wrongful death attorney as soon as possible.
Preserve evidence: Gather any information related to the accident, such as photographs, videos, and witness contact information.
Report the accident: Notify OSHA and other relevant authorities.
Avoid making statements: Do not speak with insurance companies or sign any documents without consulting with your attorney.

Conclusion

Losing a loved one in a construction accident is a devastating experience. While no amount of money can replace your loss, a wrongful death lawsuit can provide financial security for your family and hold responsible parties accountable for their negligence. By understanding your legal rights and seeking the guidance of an experienced attorney, you can pursue justice and ensure that construction companies prioritize worker safety.