Wrongful Death and Construction Accidents
According to numbers from the Occupational Safety and Health Administration (OSHA), 4,674 worker fatalities in private industry were killed on the job in 2017. Of that number, 20.7 percent were in the construction industry. That means 1 in 5 worker deaths in America involve people who work in construction. This should help you understand the dangers of this line of work and why legal advocates are so important for construction workers and their families.
Skilled Arlington, TX attorney Roger “Rocky” Walton has helped numerous loved ones file wrongful death lawsuits after they’ve experienced unacceptable tragedy. We’d like to consider how a lawyer can help hold construction companies and other parties accountable for negligent actions that result in fatal injuries.
The Fatal Four in the Construction Industry
In addition to the statistics we shared above, we should highlight the so-called Fatal Four. These are the four kinds of accidents that cause the most deaths in the construction industry every year. The Fatal Four are as follows:
- Falls - 381 construction worker deaths in 2017
- Struck by Objects - 80 construction worker deaths in 2017
- Electrocution - 71 construction worker deaths in 2017
- Caught-In or Between Objects - 50 construction worker deaths in 2017
Determining the Cause of the Construction Accident
After losing a loved one in a construction accident, it’s crucial to determine the cause of the incident. The team at our Arlington law firm will go over all available evidence, looking at the construction accident from all angles to determine if someone or some party was at fault.
Working conditions may have been unsafe, or heavy equipment used at the site may have been malfunctioning or poorly maintained. Perhaps inexperienced individuals were performing jobs that they should not have, leading to the fatal incident. Even poor weather could play a factor in an accident and whether or not someone should be held accountable.
Who Can Be Held Liable?
This will depend on the nature of the accident. In the case of unsafe working conditions, supervisors at the construction site could be held responsible for putting workers in harmful or deadly situations. If any equipment used is to blame, the renter, distributor, or manufacturer of that machinery could be held liable.
This is something we can discuss in more detail while going over your case and the circumstances of your loved one’s fatal accident. If no one can be held liable for your loved one’s death, we can help you understand for worker’s compensation death benefits as well as the appeal process for denied worker’s comp claims.
Legal Damages in a Wrongful Death Case
In wrongful death cases, we will seek both compensatory and punitive damages.
Compensatory damages will cover all material and financial losses associated with the death of a loved one. This includes funerary expenses, emergency medical care prior to death, emotional pain and suffering, and lost earnings.
Punitive damages will be used to punish the negligent party for their actions that resulted in the death of a loved one. These damages are not related to any material losses.
Contact Our Law Firm
For more information about your legal rights following the loss of a loved one, be sure to contact a trusted accident attorney. The law firm of Roger "Rocky" Walton, P.C. can be reached in Arlington by phone at (817) 438-2697. We are here to help.