Understanding Workers’ Compensation for a Fatal Construction Accident in New York: Workers’ Comp Lawyer in NYC Explains
There are over 5,300 workers killed each year due to work-related causes, according to the Occupational Safety and Health Administration (OSHA). Out of those workplace fatalities, construction is the deadliest job in the United States. The same statistics from OSHA reveal that the construction industry accounts for roughly 20% of all worker fatalities in the United States, approximately 1,100 deaths. Although there are many possible causes of worker deaths, the most common are known as the “fatal four” or “focus four” which are deaths due to falls, electrocutions, struck-by/hit by an object, or caught-in/betweens. If you or a loved one were seriously injured in a construction accident, or if a loved one was killed, you may be entitled to workers’ compensation for a fatal construction accident in New York. Call our experienced workers’ comp lawyer in NYC to learn what your rights may be.
At O’Connor Law, we are dedicated to helping injured workers obtain the maximum workers’ compensation benefits that they may be entitled to under the law. In fatal accidents, where the application of workers’ compensation is very different, having a knowledge workers’ comp lawyer in NYC like ours can be the different between obtaining little or no compensation, or from obtaining the true compensation that you and your family deserve. To learn more about your rights under New York law, call our experienced workers’ comp law firm in New York City to schedule a FREE case evaluation.
Common Causes of a Fatal Construction Accident
In addition to the fatal four or focus four, there are many different and common causes of a fatal construction accident. Most of these common causes are fully preventable and cause needless harm or death to innocent workers who are trying to make a living to support themselves and their families.
Some of the most common causes of a fatal construction accident include the following:
- Falls from a height such as a scaffolding, ladder, elevated platform, or another position
- Struck-by or hit by an object such as a falling tool, falling debris, a swinging machine, a rolling object, or another falling or moving object
- Electrocutions
- Caught-in/betweens such as being trapped between a machine, crushed, or buried under debris or land
- Injuries from fires
- Injuries from explosions
- Motor vehicle accidents, especially delivering material, tools, machines, or other supplies and being killed in transit
- Building, scaffolding, land, or other platform collapses
- Falls on the ground such as a slip and fall or trip and fall
- Product defects such as with power tools or machines
- Chemical exposure or thermal exposure, and
- Many other common and danger causes of personal injuries or wrongful death at a construction site or construction job in New York.
What Compensation Can a Family Recover for the Death of a Loved One at Work?
New York’s workers’ compensation laws allow a family to recover death benefits for the death of a loved one that was work-related. These death benefits are calculated as being a deceased worker’s average weekly wages (or salary divided by 52 weeks).
A spouse will generally receive two-thirds (2/3s) of those average weekly wages, but there are exceptions where a spouse may have to split a portion of those wages with children. The wages continue for the live of the spouse or until the spouse remarries, in which he or she will receive a lump sum benefit of two years and then no more compensation.
Other Options After a Construction Death in New York
Although workers’ compensation laws do not require a victim or his/her family to establish fault (or liability), where a workers’ death is caused by the third-party negligence of another person, a victim may be entitled to commence a personal injury action in addition to recovering workers’ compensation. This is important because it allows a victim and his/her family to recover compensation for pain and suffering—something that is not provided for in workers’ compensation.
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If You Lost a Loved One After a Fatal Construction Accident in New York, Call Our Workers’ Comp Lawyer in NYC for Help
If you have lost a loved one in a construction accident that was work-related, call our experienced workers’ compensation lawyer in NYC at O’Connor Law to schedule a FREE consultation and case evaluation to learn more about your rights to compensation under New York law. We can help guide you and your family through this difficult time to ensure that your rights are protected and you are properly compensated. To learn more, please call (844) 692-6671 or send us a private message through our “Contact Us” box available here.
