The Occupational Safety and Health Administration (OSHA) states that 18.5% of all reported workplace deaths in the United States take place in the construction industry. Many times, in the midst of emotional trauma, filing a lawsuit is the furthest thing from the minds of family members. It is true that no lawsuit can rectify the error or bring back the loved one. However, it may be worthit to look into a legal remedy if the death was due to negligence at the construction site.
Wrongful Death and Survivor Actions
The family members can file two types of lawsuits when their loved one dies due to an accident at a construction site:
- A wrongful death action, and
- A survivor action.
The deceased worker’s family can file both claims. However, they differ mainly in the type of damages that are available.
Wrongful Death Actions: When the family of the deceased worker files a wrongful death action, they generally make theargument that:
- The worker died because of negligence at the workplace.
- The worker left behind close family members.
- The family members suffered losses as a result of the death, such as loss of quality of life, loss of love and emotional support and loss of financial support.
In a wrongful death action, the victim’s family does not sue for harm caused to the deceased person. Rather, they sue for harm that iscaused to them as a result of the death of the worker.
Survivor Actions: When the family of the deceased worker files a survivor action, they make theargument that:
- The worker died because of negligence.
- The negligence caused pain and suffering to the worker before he died.
- If the worker had survived the accident, s/he would have been able to sue the defendant and recover compensation for her/his pain and suffering.
- Because the worker died the negligent partiesare still held accountable.
When a person dies, his right to file a wrongful death lawsuit is still open. The right to file the lawsuit passes to those who remain after his death. They can seek compensation for the pain and suffering their loved one may have gone through.
Contact construction accident lawyers in Fishkill
If you have lost a loved one due to negligence at a construction site in Fishkill, contact construction accident lawyers at the law firm of Robert P. Ianelli to represent your case. We are dedicated and committed to fight for your rights. We will do everything possible to help you get rightful compensation.