Ft. Lauderdale Attorney for Construction Deaths

The construction industry is notoriously dangerous, and workers are injured fairly frequently. Sometimes, accidents are so severe that workers do not survive. If your loved one passed away after a construction accident, an attorney can help your family get fair compensation.

You may take legal action against your loved one’s employer, but the form of that action may vary. You typically cannot sue an employer for a worker’s work-related injuries or death, but a Workers’ Compensation claim can pay death benefits. If they committed an intentional tort against your loved one, a lawsuit may be available, but lawsuits against third parties are also quite common.

Start your case with a free legal assessment from our lawyers for construction deaths by calling the Graves Injury Law Firm at (305) 614-2767.

Suing Your Loved One’s Employer for a Construction Death

If your loved one passed away after a construction accident, you may want to hold their employer responsible for the accident. While this is possible, your ability to sue the employer is limited by Workers’ Compensation laws in Florida.

Suing an Employer

In Florida, injured workers or the families of deceased workers cannot sue the employher for a work-related injury.

Instead, surviving family members may claim death benefits through their loved one’s Workers’ Compensation. Such benefits cover funeral costs, a portion of lost income, and even benefits for education or job training opportunities for surviving spouses.

What if the Employer Does Not Have Workers’ Comp Insurance?

Although Workers’ Compensation is typically the sole legal remedy for injured workers, including their families in cases involving death, there are exceptions. All construction operations are supposed to carry Workers’ Compensation to cover injured employees, but if they do not, you can sue them for accidents that were their fault.

Intentional Torts

You can also sue an employer if they injured your loved one intentionally. This covers things like assault and battery.

Suing Third Parties for Construction Deaths in Ft. Lauderdale

The more common way to sue after a work-related death is to sue a third party. Since the law only blocks lawsuits against an employer, third-party defendants can still be held liable in a lawsuit.

Manufacturers

The construction injury often requires workers to use dangerous power tools, machinery, and equipment to do their jobs. Even experienced workers may be injured by tools and machinery that are defective. If your loved one was fatally injured by defective equipment, we can sue the manufacturer.

Property Owners

In other cases, fatal injuries occur because of dangerous conditions on the property where the construction work is taking place. Property owners usually hire contactors to do the work and then step back from everything. However, a property may still be liable for accidents and injuries caused by dangerous conditions they failed to warn contractors about.

Passersby or Trespassers

Did someone tamper with the construction site or equipment? Did someone enter the site without permission? Maybe someone passing by caused an accident that affected the construction site (e.g., a driver accidentally crashed through the site).

It is possible to sue trespassers or even passersby who cause accidents or tamper with equipment that later malfunctions. The key is identifying these people before they flee the scene or using things like security footage to locate them.

What Damages Are Available in a Lawsuit for Construction Deaths?

When suing for a construction-related death, your damages will likely be significant, as compensating for a lost loved one is difficult and often requires a lot of money.

Lost Financial Support

You may claim the value of lost financial support. Your loved one may have contributed to your household financially. Now that they are gone, you must survive on your own, which will be much harder. You deserve compensation for the income your loved one would have contributed to your home.

Funeral and Burial Costs

You should also claim the cost of funeral and burial expenses. Funerals are known for being very expensive, and a proper burial might be more than man can afford. Keep all records of payment for funeral and burial costs so they you can claim them in a lawsuit.

Mental Pain and Suffering

The pain your family feels after losing a loved one so suddenly is immense. Although it is impossible to put a price on pain, suffering, and grief, you should still try to claim significant damages.

These damages are not available in a Workers’ Comp claim, but you can sue for them in a lawsuit.

FAQs About How to Get Fair Compensation for Construction Deaths

How Do Construction Accident Deaths Usually Happen?

Man construction-related deaths stem from unsafe conditions on the work site. Workers might fall from unsteady ladders, become injured by faulty equipment, or be crushed by heavy materials and machinery.

Can Family Members Sue for a Construction-Related Death?

Possibly. While Workers’ Compensation is the exclusive legal remedy for injured workers and their families, there are ways around it. You may sue your loved one’s employer if they fail to carry the insurance needed to provide Workers’ Comp or if the employer committed an intentional tort.

Can Family Members Claim Workers’ Compensation Through Their Deceased Loved One?

Yes. Workers’ Compensation claims are available for injured workers and, in the event of their death, their surviving family members. Speak to our construction death attorneys about how to claim death benefits using your loved one’s Workers’ Compensation benefits.

Are Construction Death Cases Worth a Lot of Money in Ft. Lauderdale?

Yes. Cases involving any sort of wrongful death tend to be worth substantial compensation. Many damages are difficult to compensate, such as lost financial support or emotional anguish, and courts are often inclined to award higher damages awards.

Ask Our ft. Lauderdale Lawyers for Construction Death for Legal Help Today