New York and New Jersey construction sites are laden with hazards such as falling objects, live electrical wires and open holes that a worker could fall through. Construction workers usually take these risks in stride, but their families and loved ones worry – and with good cause. Across the nation, the construction industry produces the second highest number of work-related fatalities each year, behind only the transportation industry. According to data compiled by the Bureau of Labor Statistics, 16 construction workers were fatally injured in New York City alone in 2011. That figure is only one fewer than the 17 transportation industry workers who were killed on the job that year in New York City.
If the worst happens, and a construction accident turns fatal, where does that leave the surviving family members?
Workers’ Compensation Death Benefits
Under the workers’ compensation laws of the State of New York, surviving family members who were dependent on the deceased worker may be entitled to weekly cash benefits. These benefits are generally equal to two-thirds the average weekly wage of the deceased worker, the same benefits that the worker would have received had he or she lived. Surviving family members of a deceased construction worker in the State of New Jersey may be entitled to similar benefits under the New Jersey workers’ compensation system.
Third-Party Liability
Unfortunately, the benefits paid through either the New York or New Jersey workers’ compensation system are often not enough to provide for a spouse, children and other family members left behind. These benefits do not account for the likelihood that your loved one would have received a substantial raise or been offered a supervisory position during the year of the accident. Moreover, the weekly benefit is only a percentage of what the deceased loved one was earning. A third-party lawsuit may be the answer if you are concerned about your family’s financial future.
Not all fatal construction accidents will provide the basis for a third-party liability lawsuit. Unlike the workers’ compensation system where the fault is not an issue, a third-party lawsuit requires you to prove that the negligence of someone other than your family member’s employer caused, or contributed to, your loved one’s death. Given the fact that numerous different companies are often working at the same site, there is a good chance that someone other than your family member’s employer contributed to his or her injuries.
If you have lost a loved one as a result of a New York or New Jersey construction accident, you could be entitled to benefits that can help ensure the financial future for you and your family. We understand that no one can bring back your loved one, but we would like to help make the future more secure for you and your family. Contact the New York/New Jersey accident attorneys at Ginarte Gonzalez Winograd L.L.P., to learn how you might receive compensation. Call 888-446-2783 or fill out our online contact form for your free consultation.