Like many other industries, the construction industry is a vital industry to modern society. It is the means by which buildings, roadways, and the majority of others structures that we see every day get built. But unlike many other industries, in the construction industry, there is a substantial risk to the workers’ safety if all of the equipment is not in top form and operated properly, or if any act of negligence or mishap were to occur. Work related accidents happen frequently and can be a matter of life or death particularly in the case of crane accidents. In fact, the construction industry has the highest rate of fatalities of all occupations in the United States. The operation of cranes hoisting heavy loads adds to the risk of serious injury associated with the construction industry.
There are many risk factors which can increase the likelihood of injury of death in the construction industry. Some of these risk factors include falls from substantial heights, and risk of electrocution from coming into contact with live wires.Crane accidents especially pose an additional risk of injury to workers, for instance: the load not being secured properly, operation in unsafe weather conditions, overturning, coming into contact with power lines, boom collapses, and falls. Construction site supervisors are responsible for ensuring that the construction site is safe for the workers, but unfortunately these accidents, including crane accidents, do sometimes occur.
Compensation for Fatal Construction and Crane Accidents
When an injury to a worker occurs in the construction industry they are generally covered by workers’ compensation. Workers’ compensation covers lost wages and medical bills and the cost of additional medical care to treat the injured worker. Furthermore, if the workers’ injury results in a disability, workers’ compensation covers disability benefits. When accidents to occur in the construction injury and when cranes are involved, these accidents sometimes result in the death of a worker. Workers’ compensation also provides death benefits to surviving dependents. However, workers’ compensation generally precludes an employee or their family members from filing a claim against an employer except in limited circumstances. Therefore, when a fatality occurs to a worker on a construction site, the family members may want to consider filing third party liability claims against other parties responsible for the accident such as the manufacturer.
As the amount of recovery is limited under workers’ compensation, if a construction worker is killed in a construction or crane accident, the family members of the deceased may want to consider filing a wrongful death claim.
Wrongful Death Claims
When a family member is killed on the job as a construction worker, the immediate family members of the deceased may consider filing a wrongful death claim. To prevail on a wrongful death claim, the plaintiff must prove: 1) the defendant owed a duty of care to the deceased, 2) the duty was breached, 3) the breach was the cause of the worker’s death, 4) the plaintiff suffered a loss for which he or she can be compensated; this loss can be either financial or emotional. Wrongful death damages compensation can include the following: any medical bills from the accident prior to the deceased’s passing, funeral costs, the financial contribution of the deceased, and loss of companionship.
What a Personal injury Attorney Can Do For You
Unfortunately accidents, like crane accidents, do occur in the construction industry. If you have lost a loved one due to a construction or crane accident, a personal injury attorney can help ensure you get the maximum workers’ compensation benefits under the law. Furthermore, a knowledgeable personal injury attorney can file a wrongful death claim on your behalf to increase your compensation for you and your family.
