Lawsuits after a Construction Accident Death

If you have lost a loved one in a construction accident, filing a lawsuit may not be in your mind. However, if the death was caused by someone else’s negligence, looking into a legal remedy may be the wisest decision. As a family member of the deceased, you may bring two potential lawsuits against the parties responsible:

·         A wrongful death action lawsuit

·         A survivor action lawsuit

Wrongful death action: You may file this lawsuit and argue that:

·         Your loved one died due to somebody else’s negligence.

·         He/she left behind close family members.

·         His/her death caused losses, including loss of financial support, loss of love and emotional support, and loss of quality of life

In a wrongful death action, you do not sue for harm caused to the deceased. Rather, you sue for harm that was actually caused to you as a result of the loss of your loved one. This may include:

·         loss of quality of life

·         loss of love and emotional support

·         loss of financial support

Survivor action: In this lawsuit, you may make the following argument:

·         Your loved one died because of somebody else’s negligence.

·         The negligence caused pain and suffering to him/her one before he/she died.

·         Had he/she survived the accident, he/she would have received compensation for the pain and suffering.

Lawsuits after a Construction Accident Death

My aunt lost her dear husband in a construction accident. As a family, we would like to hold the negligent parties liable for their negligence. What are the types of lawsuit we can bring?

If you have lost a loved one in a construction accident, you may bring two potential lawsuits against the parties responsible:

·         A wrongful death action lawsuit

·         A survivor action lawsuit

You can file both claims. However, they differ mainly in the type of damages that are available.

Accidents Due to Falling Objects at Construction Sites

Falling objects at construction sites can cause serious injuries to employees as well as passers-by. It is the duty of the construction companies to protect their employees and innocent bystanders from harm. Falling objects are one of the main types of accidents that take place at construction sites. Objects may fall for many reasons but, in most cases, they fall because of carelessness or negligence. 

Some common mistakes that cause objects to fall at construction sites are:

·         Insufficient distance between pedestrians and construction sites

·         Insufficient warning signs

·         Failing to secure tools and other equipment, causing a high risk of the equipment falling

Objects that commonly fall and cause serious injuries at construction sites may include:

·         Tools such as hammers, sledgehammers and power tools

·         Bricks and cinder blocks

·         Metal fittings and pieces of metal railings

·         Rebar or other metal bars

·         Pieces of metal, sheet metal and duct work

·         Support beams

·         Wires or cables

Like a personal injury case, a construction accident caused by a falling object accident involves negligence or carelessness. The construction company is primarily held responsible for negligence.

In order to file a successful lawsuit, a victim must prove the following points:

·         It was the construction owner’s duty to maintain a safe area within the construction site.

·         The construction owner broke that duty of care.

·         The construction owner failed to exercise that duty and care which caused injury.

·         The victim suffered injuries from the falling object.

What are the common causes of construction accident?

The following are the common causes of accidents at construction sites:

·         Lack of fall protection for workers on elevated structures

·         Lack of protection for people on the ground from falling objects

·         Tripping hazards from construction materials and debris

·         Missing guards or protections on power tools

·         Unsafe equipment

·         Lack of safety precautions when working near power lines

·         Lack of protection for workers in trenches

·         Unsafe property conditions

·         Negligence

Common Causes of Construction Accidents

Construction sites are one of the most dangerous working places.  In 2011, of the about 5,711,000 individuals who were employed as construction workers in the U.S., 781 suffered fatalities in work-related incidents. According to the Bureau of Labor Statistics, nearly four workers out of 100 sustained on-the-job injuries, which resulted in days away from work, job restrictions or transfers. The Occupational Safety & Health Administration (OSHA) reports that there were 3,945 worker fatalities in private industry in 2012. Of that number, 775 or 19.6% were in construction.

The fatality rate for the construction industry is higher than the national average for all industries, so it is vital for all employers and employees to be aware of the common causes of construction site accidents in order to ensure that proper safety precautions are in place to prevent injuries.

The following are the common causes of accidents at construction sites:

·         Lack of fall protection for workers on elevated structures

·         Lack of protection for people on the ground from falling objects

·         Tripping hazards from construction materials and debris

·         Missing guards or protections on power tools

·         Unsafe equipment

·         Lack of safety precautions when working near power lines

·         Lack of protection for workers in trenches

·         Unsafe property conditions

·         Negligence

New York Labor Law §240(1), also known as the Scaffold Law, provides protection to construction workers from elevation-related risks. The law seeks to protect workers from injuries sustained from falls and being struck by falling objects, which are the top two most common causes of deaths in the construction industry.

If you or a loved one has suffered injuries in a construction site accident, contact an attorney as soon as possible. An experienced construction accident attorney can help protect your rights and ensure that you receive your rightful compensation.   

Common Causes of Construction Accidents

I work at a construction site. There was a minor accident a few days ago at my construction site and a co-worker got injured. I would like to familiarize myself with the common causes of accidents at construction sites so that I can be more alert and take necessary precautions.

Construction sites are one of the most dangerous working places. The common causes of accidents at construction sites are:

1.       Lack of fall protection for workers on elevated structures

2.       Lack of protection for people on the ground from falling objects

3.       Tripping hazards from construction materials and debris

4.       Missing guards or protections on power tools

5.       Unsafe equipment

6.       Lack of safety precautions when working near power lines

7.       Lack of protection for workers in trenches

8.       Unsafe property conditions

9.       Negligence