Construction can be a uniquely dangerous line of work. The risks only increase when people on site act carelessly or fail to follow safety protocols. When a worker, supervisor, or company’s negligence in a construction project leads to an accident, the consequences can be catastrophic or even fatal.
If you recently lost a loved one due to a construction-related accident, you deserve support from an experienced attorney. You may have a few legal options for recovering compensation, depending on whether your family member had workers’ compensation coverage. Although nothing can fully account for your tremendous loss, a successful claim can help secure the resources your family needs to continue with your lives. The legal team at Ostroff Godshall Injury and Accident Lawyers has helped countless families, and we are prepared to fight for justice for your loved ones after a Hershey fatal construction accident.
Does Workers’ Comp Cover Fatal Accidents?
Most construction workers in Pennsylvania have workers’ compensation insurance through their employers. This should pay for all their reasonable medical expenses, a portion of lost wages, and other benefits if they get hurt in a work-related accident. Under Pennsylvania law, certain family members of a worker who suffers a fatal injury or illness on the job may be eligible to receive benefits through their loved one’s workers’ comp coverage, including:
- The deceased worker’s current spouse
- Any parent of the deceased worker who was financially dependent on them
- The deceased worker’s child, if they are under 18 years old, a student under 23 years old, or mentally or physically disabled
- The deceased worker’s sibling, if they are under 18 years old, a student under 23 years old, or mentally or physically disabled
These relatives of a deceased worker may be eligible for a $3,000 funeral expense benefit through workers’ comp, as well as a percentage of their average weekly wages. As our lawyers can explain, the exact percentage of wages you can receive after a fatal construction accident in Hershey varies depending on your relationship with the deceased.
Getting Paid Fairly Through a Civil Claim
Generally, you can’t file a lawsuit against your family member’s employer after a fatal accident if the employer provided workers’ compensation coverage. However, suppose another person or company was partially responsible for your loved one’s construction accident. In that case, your Hershey attorney may be able to hold them financially liable for your family’s losses through a wrongful death claim.
A wrongful death lawsuit can demand money for a much broader range of damages than workers’ comp coverage, including:
- All funeral and burial costs
- All medical expenses for the care the deceased person received between their accident and their death
- Estate administration costs
- Lost future financial support the deceased person would’ve provided
- Lost household services and support
- Lost comfort, guidance, and companionship
However, there are special rules for who can file and the time limits for pursuing this type of claim. Our knowledgeable attorneys in Hershey can explain the legal nuances and help your family navigate them after a fatal construction accident.
Consult a Hershey Attorney on Fatal Construction Accident Claims
Accidents on construction sites can happen in a matter of moments with deadly consequences. If you lost a loved one in a preventable worksite tragedy, enforcing your right to demand fair financial recovery may be vital to protecting your family’s best interests.
At Ostroff Godshall Injury and Accident Lawyers, we know how to fight for families after Hershey fatal construction accidents. Our winning attorneys will support you throughout the legal process and hold the negligent parties accountable for your loved one’s passing. Call our firm today to discuss your case.