Finding out that a loved one has died in a construction accident can be excruciating. You know their death was preventable. Perhaps they would still be here if the construction company had acted differently.
While taking legal action won’t turn back the clock, it can provide some peace of mind as you begin to move forward. Learn everything you need to know about pursuing a wrongful death claim from a New York construction accident lawyer.
Common Causes of Death in the Construction Industry
The Occupational Safety and Health Administration (OSHA) lists the “Fatal Four,” or the four leading causes of construction fatalities, as:
- Falls
- Caught-in or -between accidents
- Struck-by incidents
- Electrocution
As much as 20% of all fatal work injuries in the U.S. occur in construction, according to the Bureau of Labor Statistics.
However, working in the construction industry doesn’t need to be inherently dangerous. The right protections and precautions can keep all workers safe, no matter the task they are performing. Companies have a responsibility to implement all necessary measures to protect workers from construction hazards, such as by:
- Supplying protective gear
- Adequately training workers on safety protocols
- Grounding and double-insulating electrical equipment
- Maintaining equipment regularly
- Providing the correct tools for the job
If your loved one’s company failed to take reasonable measures to prevent their accident or injury, you may have grounds for a wrongful death claim.
Who Can File for Wrongful Death in New York?
Before you begin exploring a wrongful death claim, you should understand which family members can legally file this type of lawsuit in New York. This right is reserved for the following family members:
- Surviving spouse and children
- Parents
- Brothers and sisters
- Other direct descendants
The wrongful death benefits would also pass to these family members in this order. If the decedent had a spouse and/or children, they would receive the compensation. If not, it would go to the parents; otherwise, the decedent’s siblings would split it, and so on.
The decedent’s personal representative also has the right to file a lawsuit on behalf of the family members.
An experienced attorney can help you understand whether you can legally file an insurance claim or lawsuit on your loved one’s behalf and what percentage of the compensation you can expect to gain.
Grounds for Wrongful Death in a Construction Accident
Under New York law, a wrongful death occurs when a person:
- Passed away because of a wrongful act, neglect, or default, and
- Would have been eligible for a personal injury lawsuit had they survived
If the construction manager or company acted negligently, causing your loved one’s accident, you may have grounds for a lawsuit against them. This may be true if the company:
- Violated OSHA safety guidelines, creating an unsafe work environment
- Knew or should have known about the hazard that caused your loved one’s accident, yet failed to mitigate it
- Failed to provide the necessary safety gear or take other reasonable precautions
- Forced your loved one to work excessive overtime or prohibited them from taking breaks
You will also need to prove that you suffered damages as a result of your loved one’s sudden death. If you were estranged from this person and did not face any economic expenses from their passing, you may not have grounds for a lawsuit.
Workers’ Compensation Death Claim vs. Wrongful Death Lawsuit
Because the accident likely happened when your loved one was at work, workers’ compensation may potentially complicate your claim. Construction companies often pressure their employees to file for workers’ comp when they become injured on the job, as it bars the injured worker from holding the employer directly liable.
Maybe you are thinking of filing a claim through the Workers’ Compensation Board, or perhaps your loved one already filed for workers’ comp before they died. An attorney can help you navigate these scenarios while maintaining your right to payment.
The Damages You Can Seek in a Wrongful Death Case
In New York, you can generally seek economic damages through a wrongful death claim. These make up for the monetary losses you and your family incurred when your loved one died, such as:
- Funeral and burial expenses you paid for
- Loss of financial support the decedent would have provided your family
- Healthcare expenses you now owe on behalf of your loved one
- The monetary value of the household or other services the decedent would have provided
- The potential lost inheritance from the decedent
You may also have the right to claim certain non-economic expenses. For example, surviving children sometimes claim the lost value of the guidance, care, and nurturing they would have received from their parent.
However, New York does not permit surviving children to claim their own emotional damages in the compensation recovery, such as pain and suffering, loss of companionship, and mental anguish.
You may have the right to punitive damages as well. These would punish the construction company or other liable party for egregious wrongdoing.
For example, if your loved one’s manager forced them into an unsafe position on the construction site, you may have grounds for punitive damages. These damages are very rare and challenging to prove, but they are worth your consideration.
New York does not cap damages in wrongful death cases. You can seek the full value of your losses.
What If the Construction Accident Involves Criminal Charges?
Some particularly egregious cases give rise to criminal charges. The liable party may actually be guilty of manslaughter or criminally negligent homicide. That does not prevent you from pursuing civil action against them as well.
Your attorney can help you understand how to navigate such circumstances while accounting for the defendant’s criminal legal process.
Our Attorneys Can Help You File for Wrongful Death
Around 20 construction workers in NYC die each year, according to the New York Committee for Occupational Safety and Health (NYCOSH). If your loved one was one of them, our attorneys at William Schwitzer & Associates, PC, can help you pursue a wrongful death claim.
Our lawyers are well versed in NYC construction law and how it applies to personal injury cases. We can gather accident reports, photos and videos of the accident, witness testimony, and other evidence to support your case. Let us take this stressful process off your shoulders while you grieve.
Contact us today at 212-683-3800 for a free case evaluation.
Frequently Asked Questions
What is the statute of limitations for wrongful death in New York?
The statute of limitations for wrongful death in NYC is two years from the day your loved one died. If there are criminal charges pending, this deadline would move to one year from the date the criminal case is over.
A few exceptions may arise if you are suing the government, legally disabled, or unable to reach the defendant. An attorney can help you understand your case’s deadline.
Where do you file a wrongful death lawsuit?
You should generally file a wrongful death lawsuit in the New York court closest to where the defendant lives or where the construction accident happened.
Do you need an attorney for a wrongful death case?
Yes, you need an attorney for a wrongful death claim if you want to maximize your chances of winning. The court system can be complex, and trying to navigate it on your own while grieving an unexpected loss is not a wise idea. Allow our attorneys at William Schwitzer & Associates, PC, to handle the process for you.
