Can You Sue for Wrongful Death After a New York Construction Accident?

Construction workers are at a significant risk of sustaining injuries while on the job. Even with strict safety rules in place, tragic accidents continue to happen at construction sites, resulting in nonfatal and fatal injuries. It can be devastating and traumatic when a family loses a loved one in a construction accident. Surviving families are often left dealing with not only emotional pain, but also significant financial hardships.

If you lost a loved one in a New York construction accident, you might be asking, “Can we sue for wrongful death?” Unfortunately, there isn’t a straightforward answer to this question. Whether or not you can file a wrongful death claim depends on the specifics of the accident. It depends on who is to blame for the accident. Keep reading.

Wrongful Death Claims in New York

According to New York Law, a wrongful death arises when someone dies due to someone else’s negligence, wrongful actions, or recklessness. When such a death occurs, the personal representative of the deceased’s estate can file a claim against the at-fault party and seek compensation on behalf of the surviving family members.

Wrongful death claims enable surviving family members to recover compensation for the financial losses caused by the premature death, such as;

• Lost inheritance
• Funeral and burial expenses
• Medical expenses associated with the final injury
• Lost income

While no amount of money can replace a life, these damages can ease a family’s financial burden and hold negligent parties accountable, thus providing a sense of justice.

Workers’ Compensation in New York

In New York, if a construction worker dies while on the job, their employer is generally protected from liability. This is because of workers’ compensation. Workers’ compensation in New York is an exclusive remedy that provides benefits to the worker’s family regardless of fault. Due to the nature of workers’ compensation, surviving family members cannot sue their deceased loved one’s employer even if their negligence contributed to their death.

However, while you can’t sue your deceased loved one’s employer, if your loved one died on the job due to a third party’s negligence, you may be able to pursue a wrongful death lawsuit against the third party. Examples of third parties that may be sued include;

• Property owners
• Equipment manufacturers
• Contractors
• Engineers or architects

New York law imposes strict safety obligations on the above parties. If the set rules are violated and a death occurs as a result, the parties may be held legally liable in a wrongful death lawsuit. A successful construction accident wrongful death claim can result in the recovery of the same damages listed in the previous section, among many others. However, New York does not allow surviving family members to recover compensation for their pain and suffering.

Deadlines for Filing a Wrongful Death Claim

If you lost a loved one in a New York construction accident and believe you have a valid wrongful death claim, you should note that New York law only allows two years to file a wrongful death lawsuit. Not filing a lawsuit within this deadline can permanently bar recovery. For this reason, it’s vital to consult an experienced wrongful death attorney as soon as possible.

Contact a Long Island Wrongful Death Lawyer

If you lost a loved one in a construction accident, contact a skilled Long Island wrongful death lawyer at Jacobson Law for help understanding your legal rights and options.

Source:

nysenate.gov/legislation/laws/EPT/5-4.1