Working in the construction industry comes with a unique set of risks that you will not typically encounter in other employment settings. With those risks come a higher rate of work-related injuries and deaths than you might find in other jobs. When a construction worker is fatally injured on the job, family members may file a wrongful death lawsuit.
According to the Occupational Safety and Health Administration (OSHA), almost 20% of all workplace deaths in the United States happen in the construction industry. In addition, 57% of those construction industry deaths are caused by the following “fatal four” categories:
- Struck by object
- Caught in/between
Wrongful Death and Survivor Actions
If a construction worker dies from a job related injury, there are two types of lawsuits that a family can pursue; a wrongful death action and a survivor action. In most cases, families file both claims in the same case. The main difference is the type of damages that the family may receive.
When the family of a deceased worker files a wrongful death claim, they are asserting that the worker died as a result of negligence and that the close family members of the victim suffered significant losses as a result of the death. Therefore, the defendant should be held responsible for compensating the family members for those losses. In cases like this, the family members sue for the pain and suffering that they have experienced due to the loss of their loved one. Damages include a loss of quality of life, loss of emotional support and loss of financial support.
With a survivor claim, the victim’s family argues that the worker died as a result of the defendant’s negligence and that negligence caused the victim pain and suffering prior to his or her death. In addition, if the worker survived, he or she would have been able to seek compensation for pain and suffering. The claim also argues that, simply because the worker died, the defendant should not be able to avoid any liability for pain and suffering. As a result, the defendant should be required to pay damages to the victim’s estate.
Philadelphia Construction Accident Lawyers at DiTomaso Law Assist Clients in All Aspects of a Wrongful Death Claim
If you have lost a love one due to a construction accident, our Philadelphia construction accident lawyers at DiTomaso Law provide the compassionate, experienced legal counsel you deserve and we will fight hard to ensure that you receive the financial compensation to which you are entitled. For a confidential consultation, call us today at 856-414-0010 or contact us online. We serve clients in Philadelphia, Southern Pennsylvania and South Jersey.