The construction industry is one of the most common for workplace fatalities. Workers’ Compensation benefits are typically available after construction deaths, and filing a wrongful death lawsuit might also be an option, depending on the specifics of your case.

Survivors may sue for a construction death if a third party is liable, the employer’s conduct was intentional, the employer does not have Workers’ Compensation, or you were not injured as a construction worker, but as a passerby. Workers’ Compensation provides death benefits up to $150,000, while a wrongful death claim could compensate survivors for all economic and non-economic damages from a worker’s untimely death.

You can call the Graves Injury Law Firm at (305) 614-2767 for your free case evaluation from our attorneys for construction deaths.

When Can You File a Lawsuit for a Construction Death in Aventura?

See whether you can file a lawsuit after a fatal construction accident and if Workers’ Compensation is your sole recovery option following your loved one’s unexpected death.

A Third Party is Liable

After a construction-related death, our attorneys can determine whether a third party is liable. Third-party workplace wrongful death lawsuits are often brought because of defective machinery or protective equipment. The manufacturer has a duty of care to produce safe, effective products and can be held liable if a malfunction causes a death.

Employer’s Conduct Was Intentional

Workplace deaths due to intentional misconduct from employers are rare, but not unheard of. An employer’s intentional misconduct erases any protections they had from a civil lawsuit because of Workers’ Compensation. As the deceased worker’s personal representative, you may be able to sue their employer in this situation.

Employer Lacks Workers’ Comp Insurance

All employers in the construction industry are legally required to carry Workers’ Compensation in Florida. If the victim’s employer was uninsured when they sustained fatal injuries, their employer is not shielded from a wrongful death lawsuit.

Fatal Injuries to Passersby

Workers are not the only possible victims of Florida construction site accidents. Passersby might be struck by falling objects and suffer fatal head injuries. Explosions on construction sites can be fatal to anyone nearby, including pedestrians and drivers.

What Benefits Does Workers’ Compensation Provide for Construction Deaths?

Survivors who cannot file lawsuits for construction deaths may still get up to $150,000 in death benefits from Workers’ Compensation, plus funeral expenses.

Funeral Expenses

In Aventura, Workers’ Compensation must provide up to $7,500 in funeral expenses within 14 days of receiving the bill.

Compensation for Dependents

Weekly compensation checks for dependents of deceased workers vary. Different amounts are paid if there is a surviving spouse but no children, a surviving spouse and surviving children, and surviving children but no surviving spouse. Parents, siblings, and grandchildren may also get compensation if they are dependents.

Educational Benefits for Surviving Spouses

Workers’ Compensation also provides educational benefits for the surviving spouse, allowing them to work towards earning a higher income since they no longer have the deceased worker’s income. Educational benefits cover student fees at eligible career centers and up to 1,800 in-class hours at an eligible community college. Educational benefits are contingent on the surviving spouse’s ability to meet admission requirements and their academic performance.

FAQs About Getting Compensation for a Construction Death

What Are the Top Causes of Construction Deaths?

Most construction site deaths occur because of falls from roofs, ladders, scaffolding, and other high heights, getting struck by falling objects or debris, getting caught between machinery or vehicles, and being electrocuted because of exposed or faulty wiring.

What Medical Records Do You Need to Prove a Construction Death?

Our attorneys for construction deaths can use medical records from after the victim was injured but before they died from their injuries, as well as any autopsy results that confirm the cause of death.

What Construction Site Deaths Qualify for Workers’ Comp?

If death from an injury occurs within the first year of a construction accident, Workers’ Compensation should pay death benefits to the decedent’s survivors. If a worker experiences continuous disability and dies within the first 5 years of a workplace accident, Workers’ Compensation death benefits are also available in Florida.

How Long Do You Have to Seek Death Benefits from Workers’ Comp?

Survivors have 2 years from the date of the victim’s death to seek death benefits from Workers’ Compensation. Some construction accident injuries are immediately fatal, while others cause death after several days or weeks. Do not use the date of the accident as a guide for when the statute of limitations begins, but the date your loved one died.

How Long Do You Have to File a Wrongful Death Lawsuit in Florida?

You also have 2 years to file a wrongful death lawsuit in Florida. The statute of limitations accrues on the date of death, which may be several days, weeks, months, or even years from the date of the initial injury.

What Damages Can You Get from Workers’ Comp for a Construction Death?

From Workers’ Compensation, survivors primarily get damages for lost financial support and funeral expenses. Workers’ Compensation wrongful death benefits are capped at $150,000, plus up to $7,500 in funeral expenses.

What Damages Can You Get from a Third-Party Lawsuit for a Construction Death?

From a third-party wrongful death lawsuit for a fatal construction accident, survivors may get economic damages for loss of financial support and funeral expenses, as well as non-economic damages for loss of companionship and protection, loss of parental guidance, and mental pain and suffering from the victim’s death.

Why Do You Need an Attorney After a Construction Death?

You need a lawyer’s help to know if you can file a lawsuit for a fatal construction accident in addition to a Workers’ Compensation claim to optimize your recovery.

Get Our Help After a Fatal Construction Accident in Aventura

For help with your case from the Graves Injury Law Firm, call our attorneys for construction deaths at (305) 614-2767.