By Karina Basso  |  May 1, 2015

Category: Labor & Employment

wrongful death construction workers workplace accident

Wrongful death lawsuits allow grieving families of workers who died as a result of a workplace accident to seek compensation and justice for their deceased loved one. In the case of the majority of wrongful death lawsuits, workplace accidents that lead to a worker’s death are caused by the negligence or intentional wrongdoing of someone else (like an employer), or by defective and faulty equipment used while on the job.

According to the Occupational Safety and Health Administration (OSHA), 18.5 percent all the workplace deaths that occur across the nation because of workplace accidents occur in the construction industry alone. Within the construction industry, OSHA has identified the top four causes of workplace wrongful death. They are:

  • Falls
  • Electrocutions
  • Being hit by an object
  • Getting caught in or between an object or space

These causes account for about 57 percent of construction industry workplace deaths. Sometimes, these workplace accidents that lead to a worker’s wrongful death occurred because the individual was not properly trained to use the construction equipment by their employer.

If an employer fails to properly instruct workers on how to use the equipment required to do a construction job or properly instruct them in safety regulations, then the employer may be found negligent. If a workplace accident occurs allegedly due to employer negligence, they may be held liable in a wrongful death lawsuit.

Wrongful Death Litigation

In addition to construction workers, other common occupations that have a high risk of workplace accidents resulting in death include:

  • Miners
  • Fishermen
  • Loggers
  • Metal workers
  • Electrical power installers
  • Truck drivers

While a wrongful death lawsuit will not bring back a loved one who has died because of a workplace accident, legal action against an employer or company may prevent other workers from dying because of work-related accidents or injuries. A wrongful death lawsuit may also provide a grieving family with compensation for medical expenses, pain and suffering, and future wages and earnings lost due to a worker’s death.

When a family files a wrongful death lawsuit after a loved one’s death from a workplace accident, the plaintiffs are essentially arguing the following claims:

  • The working individual died because of an employer’s negligence.
  • The worker had close family members.
  • The family members suffered losses, including loss of quality of life, love and emotional support, and financial support, as a result of a worker’s death.
  • The defendant responsible for the workplace accident and death should compensate the close members of the employee’s family for their losses.

In short, a family pursuing a wrongful death lawsuit is suing a defending company or employer for the harm they sustained because of the death of a loved one while on the job.

If you believe your family member died because of a workplace accident caused by an employer’s negligence, you should consult an accident attorney to see if you and your family have legal standing to file a wrongful death lawsuit against the worker’s employer.

Obtain a Free Wrongful Death Case Evaluation

If your loved one died from a personal injury caused by the negligence or intentional misconduct of another party, you may be able to pursue compensation for your loss, including but not limited to: medical or funeral expenses, loss of financial support, pain and suffering, loss of consortium, and punitive damages.

The following types of wrongful death cases are common examples of what a family member can sue for:

  • Car Accidents
  • Bicycle or Pedestrian Accidents
  • Motorcycle Accidents
  • Boating Accidents
  • Medical Malpractice
  • Medication Errors
  • Workplace Accidents
  • Drowning Accidents
  • Nursing Home Neglect/Abuse
  • Slip and Fall Accidents
  • Defective Products
  • Other Personal Injury Claims that Caused the Death

Get a Free Case Evaluation

Leave a Reply

Your email address will not be published. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. Required fields are marked *

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.