Serious accidents can take place at construction sites. Crew members could sustain life-threatening injuries or permanent disabilities due to a lack of safety protocols, negligent supervision, or OSHA violations. Some accidents may even turn fatal.
When it comes to construction site wrongful death claims, a victim’s surviving loved ones have to identify the liable party. Who exactly is at fault for a fatal construction accident? Take a closer look at the complexities of these cases below.
Common Causes of Construction Accidents
Workplace accidents are more common in the construction industry, given the nature of the work. Employees may become injured due to:
- Loose debris or unsecured objects falling from a high surface
- Scaffold collapses
- Malfunctioning machinery
Fall or struck-by injuries may lead to a worker’s untimely death. Their family wishes to pursue compensation, but who exactly is responsible?
Construction Companies and Workers’ Compensation Benefits
When pursuing a construction site wrongful death claim, many victims’ families are quick to point fingers at their employers. However, suing a construction company isn’t typically possible under Pennsylvania law. Companies often carry workers’ compensation insurance, which could pay a victim’s family for:
- Funeral expenses
- Lost wages
- Survivor benefits
These benefits are available regardless of fault. In other words, a family doesn’t have to prove that the company was negligent leading up to the accident.
Bear in mind that workers’ compensation benefits don’t usually include additional damages for the family’s pain and suffering or punitive damages. It may be possible to sue the employer directly for these and other damages. To do so, one must prove that the company’s intentional actions led to the victim’s death or that they don’t carry workers’ compensation insurance.
Potentially Liable Parties in a Construction Site Wrongful Death Lawsuit
Sometimes, an accident may occur through no fault of the construction company or the victim. An investigation could lead to one or more third-party liability claims. The following parties may be held liable in a wrongful death suit:
- Contractors: Perhaps the contractor overseeing the project disregards basic safety regulations, endangering the workers at the site. Their actions could be directly responsible for a victim’s wrongful death.
- Parts manufacturers: Accidents stemming from equipment failure raise concerns about the supplier. Manufacturers of defective products may be named in a wrongful death suit for their role in an accident.
- Architects or engineers: These professionals ensure the structural safety of a building. A lack of supervision or negligent design issues could lead to serious construction site injuries or deaths.
- Property owners: It’s the responsibility of the site’s developer or property owner to maintain a safe environment. Failure to do so may make them liable for a construction worker’s death.
- Third-party companies: Construction crews could work around another contractor, such as an electrical or plumbing company. Their negligent actions on the job site may be the direct cause of a fatal accident.
Collect Evidence Supporting Your Claim
Building a strong wrongful death claim requires substantial evidence. Medical records, professional testimony, witness statements, and more are required to support your claim. Partner with a workplace accident attorney who can take charge of the investigation phase.
Seek Justice for a Loved One’s Wrongful Death With Ostroff Godshall Injury and Accident Lawyers
If a workplace fatality claims the life of a loved one, you may be able to file a wrongful death claim. Turn to Ostroff Godshall Injury and Accident Lawyers for guidance. We approach construction site wrongful death cases with sensitivity and strive to hold any negligent party accountable.
Discuss your options with one of our experienced attorneys to determine your next move. Contact our firm at (855) 521-4406 to request a free consultation.
Frequently Asked Questions (FAQ):
Q: Can you sue an employer for wrongful death in a construction accident?
A: Suing an employer directly for wrongful death in Pennsylvania is typically not possible if they carry workers’ compensation insurance, which provides benefits regardless of fault. However, you might be able to sue if the company’s intentional actions led to the death or they don’t have workers’ compensation insurance.
Q: Who can be held liable in a construction site wrongful death lawsuit?
A: Potentially liable parties in a construction site wrongful death lawsuit can include contractors, parts manufacturers of defective equipment, architects or engineers for negligent design, property owners for unsafe environments, and other third-party companies whose negligence caused the accident.
Q: What kind of compensation can a family receive in a construction wrongful death claim?
A: Through workers’ compensation, a victim’s family may receive funeral expenses, lost wages, and survivor benefits. Additional damages like pain and suffering or punitive damages are generally not covered by workers’ comp and may require a direct lawsuit against the employer or a third-party claim.
