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Legal Remedies For Families In Fatal Construction Accidents

If you’ve lost a loved one in a fatal construction accident, we share our condolences. Losing a loved one is the most difficult scenario a family can endure, and we understand that there’s nothing you can do to bring your loved one back. However, if you’ve lost your loved one in a fatal construction accident, you can hold the responsible party accountable for their actions.

The award-winning New York construction accident attorneys at Schwartzapfel Lawyers have more than (150) years of combined experience helping grieving families receive the compensation they’re owed after they’ve lost a loved one in a construction accident. Call us at 516-342-2200 for a consultation on your case, and read on to learn more about the legal remedies for families in fatal construction accidents.

How Common Are Fatal Construction Accidents?

Construction is a dangerous industry. Construction workers can be hit with tools, debris, and other workers; they can fall off ladders, be involved in heavy machinery accidents, and beyond. That’s why there are so many rules and regulations in place to promote workplace safety. To this end, New York construction workers are required to receive special training in safety protocols and proper workplace practices to reduce their risk of injury on the job site.

But even when workers are properly trained, they can’t account for every scenario that could possibly go wrong. Dangerous work always involves some dangers, and employers have a responsibility to minimize risks to their construction workers.

In fact, according to the U.S. Bureau of Labor Statistics, approximately one (1) in five (5) workplace deaths occur in the construction industry, making construction one of the most hazardous trades in the country. Unfortunately, many of these accidental fatalities could have been avoided with better oversight or through the proper enforcement of safety protocols.

To assist, we at Schwartzapfel Lawyers have outlined steps for you to know about legal remedies for families in fatal construction accidents. So, please, either continue reading or call us directly at 516-342-2200 for a free consultation and so much more.

What Can I Do After A Loved One Experiences A Fatal Construction Accident?

The first step you should take after losing a loved one in a fatal construction accident is to acknowledge your grief. You have our sincerest condolences and our support for your future needs.

Your grief may make you feel angry, like you want justice for what happened or you want to hold someone responsible for the accident that occurred. You may be well within your rights to seek compensation.

Although financial compensation won’t bring your family member back, it can ease some of the intense financial stress that death often causes. Funeral costs, end-of-life expenses, loss of income, and medical bills can feel overwhelming.

In many cases, you may have the right to seek financial compensation from the person or company that played a role in your loved one’s passing. The experienced New York construction accident attorneys at Schwartzapfel Lawyers have helped countless families just like yours during the trying time of losing a loved one due to a construction accident.

To review your options and begin the process of financial recovery, simply dial 516-342-2200 or visit us online today. Alternatively, please continue reading.

What Are Families Entitled To When A Loved One Dies In A Construction Accident?

NYC construction workers aren’t typically covered by the same end-of-life provisions offered to military service members and first responders. However, if a family member dies in a fatal construction accident, you may be entitled to file claims to cover costs associated with the loss of your loved one.

Compensation For Funeral Expenses

If a family member died in a fatal construction accident, you may be eligible to recover a portion of their burial or cremation expenses. Note: Compensation usually takes several weeks to come through, so you’ll likely receive it in the form of reimbursement.

As well, there’s usually a limit for how much you’ll be able to claim in funeral expenses. This amount may or may not be enough to cover all funeral expenses, though it can be combined with life insurance or other similar policies. Significantly, you should know that in most cases, even if your loved one had life insurance or a prepaid end-of-life plan, you may still be eligible for this type of compensation. To see if you qualify, call Schwartzapfel Lawyers now at 516-342-2200 or visit us online to schedule your free case evaluation today.

Put simply, one call today may end up saving you miles of headache, heartache, and financial strain down the line. So, please, don’t wait! Instead, act now and have Schwartzapfel Lawyers fight – and win! – for you.

Support For Surviving Dependents

It’s a sad fact, but a fact nonetheless, that many families live paycheck to paycheck. As such, the loss of income that commonly follows a family member’s passing in a construction accident can have serious financial consequences. Moreover, you likely can’t put your bills or your mortgage on hold even if you’ve been affected by this kind of tragedy.

Surviving dependents (like spouses and children) may be eligible to receive up to 70% of their deceased family member’s lost wages based on their average rate of pay in the weeks leading up to the fatal construction accident. The ability to claim lost wages also coincides with workers’ compensation laws, and workers’ comp may set a maximum for the total amount of wages eligible for recovery.

What Is The Difference Between A Workers’ Compensation Claim And A Wrongful Death Suit?

In New York State, workers’ compensation typically handles claims that arise after a loved one dies in a construction accident, regardless of fault. As such, there’s little need to evaluate the circumstances of the accident and determine who is at fault for what occurred, although workers’ comp can be awarded even in situations where one party is at fault in certain situations. Still, financial compensation is often awarded, assuming that no one is at fault and the accident was not reasonably foreseeable.

Note: There may be circumstances where a loved one dies in a construction accident that was a direct result of their employer’s negligence. Issues like the improper storage of dangerous or flammable materials, asking an employee to work under unreasonably unsafe conditions, or failure to maintain required safety standards can place the blame for your loved one’s death directly on their employer. This would be considered a wrongful death, and you may be entitled to file a wrongful death claim.

What Is A Wrongful Death Claim?

A wrongful death claim is eligible for filing if your loved one’s death directly resulted from their employer’s negligence, barring exceptional circumstances. To this end, you may be able to file a wrongful death lawsuit if it’s evident that your loved one would still be alive if their employer had fulfilled their duty to maintain a safe work environment and adhere to controlling safety regulations.

A wrongful death lawsuit can allow you to claim damages for expenses you incurred as a result of your family member’s death, lost wages, loss of love, pain and suffering, as well as your family member’s expected future earnings. Note: The maximum limit for compensation for a wrongful death claim is much higher than the maximum for a workers’ compensation claim.

Here, it can be difficult to file a successful wrongful death claim. Employers often don’t want the stigma of a wrongful death claim to ruin their professional reputation, and their insurance companies are reluctant to pay out such large sums. Employers may interfere with your ability to gather evidence or interview witnesses to prevent you from moving forward with your claim.

If you believe that you may be entitled to file a wrongful death claim, please contact the seasoned New York construction accident attorneys of Schwartzapfel Lawyers at 516-342-2200 for a free consultation in which we’ll review the details of your case and, based on those findings, discuss your legal options as well as next steps.

What Are The Types Of Wrongful Death Claims?

There are several types of wrongful death claims. Intentional wrongful death applies in cases where someone’s direct act of aggression leads to the death of another person. In some cases, intentional wrongful death can often involve criminal charges like manslaughter or murder. This likely won’t apply to the overwhelming majority of workplace accidents resulting in death.

A workplace accident would be considered negligent wrongful death. Negligent wrongful death occurs when someone makes a poor decision that leads to the death of another person. It could be that an employer made a significant oversight, or that the employer assigned a dangerous task to an employee who didn’t have the necessary experience to adequately complete that task.

Now, it is important to understand that wrongful death is different from intentionally hurting someone because the decisions made or oversights that occurred were not intended to cause harm to anyone. One example of negligent wrongful death would be distracted driving. For instance, if a driver attempts to update their GPS while they’re driving and a fatal car accident occurs while they’re using their GPS, their actions could be considered negligent and responsible for causing a wrongful death. They were never attempting to hurt anyone — they simply made a poor decision that led to a fatality.

Deaths that occur as a result of negligence aren’t usually criminal because there was no intent to injure someone or cause their death. Filing a claim with the court allows you to hold persons financially accountable for their role(s) in a negligent wrongful death. In this way, civil court proceedings aim to provide families with avenues to seek monetary compensation for specific damages incurred as a result of the wrongful death of their loved one due to negligence.

Finding the Skilled Legal Representation You Need

It can be extremely difficult and emotionally taxing to file a workers’ comp claim or a wrongful death claim after you’ve tragically lost someone you love. To carry the burden for you, allow the skilled trial attorneys at Schwartzapfel Lawyers the honor and privilege of helping you recover financially.

We have over (150) years of combined experience fighting for New York workers and their families. Our hearts are with you, and we’re here to help you get all the money and benefits you deserve. Call us now at 516-342-2200 for a free consultation, or schedule online to start recovering today!

DISCLAIMER: Nothing on this page should be considered legal advice. You should seek the appropriate counsel your situation requires. For more information, call 516-342-2200 now!

Sources:

Schwartzapfel Lawyers, P.C. | Fighting For You

2021 NFDA General Price List Study Shows Funeral Costs Not Rising as Fast as Rate of Inflation | National Funeral Directors Association

Construction deaths due to falls, slips, and trips increased 5.9 percent in 2021 | United States Bureau of Labor Statistics

Workers’ Compensation Death Claims | New York State Workers’ Compensation Board

NEGLIGENCE Definition & Meaning | Black’s Law Dictionary

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