Finding Out if Workers’ Comp Laws Apply in a Construction Death Suit
Construction sites can be extremely dangerous, posing many hazards if safety is ignored in the workplace. The Occupational Safety and Health Administration refers to some of these accidents as the “big four,” which are the most deadly accidents that occur in the construction workplace. These include being struck by an object, falling, caught in-between accidents, and electrocution. Because of these dangers, employers must always be on the lookout through tedious inspections and more. What happens if a loved one has died in a construction accident and you wonder how to move forth with a construction wrongful death lawsuit? You may have options, but you must know where workers’ compensation plays a role in these unique cases.
In New Jersey, construction accidents are not anything new. In February 2016, for example, two workers were killed in a fatal accident that was investigated by OSHA. It was determined that the accident occurred when the workers were lifting a large generator unit at a Fire Company. One of the yellow straps snapped on the generator’s crane, causing the unit to land on the workers, immediately killing them. When these unsightly and unexpected accidents occur, you want to know what options you have to take action for your loved one.
In New Jersey, Can a Survivor Gain Compensation Through Workers’ Comp?
When a loved one is lost due to a construction accident in New Jersey, a survivor (a family member of the deceased worker) must make a claim based on negligence that caused the worker to be killed. In some states, workers’ compensation rules apply for filing a lawsuit for this type of recovery. This means that your recovery for your family member may be limited, as workers’ compensation covers the costs. This means that, if somebody other than the employer may have been responsible for the death, you could try this issue in court and attempt to sue the third party who caused the accident.
The best thing that you can do in your time of need is speak with an experienced construction personal injury attorney who knows the ins and outs of these cases. At Maggiano, DiGirolamo & Lizzi, we have what it takes to handle your case from start to finish. If you have been injured on the job, call us today for more.