Losing a loved one to an accident is incredibly challenging and can completely upend your family’s lives.  Getting compensation for construction site deaths is often complex because these cases will usually be covered under Workers’ Compensation.

Workers’ Comp claims can be filed for deaths and injuries, and nearly all construction accidents are covered under Workers’ Comp.  However, you may also be entitled to a lawsuit for your loved one’s death.  Both claims cover different areas of damages and have different requirements, and you should always work with a lawyer.

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

Requirements for Filing a Workers’ Compensation Claim for a Construction Site Death

For you to file a Workers’ Compensation claim for your loved one’s death at a construction site, you need to meet a few requirements:

Loved One Was an Employee

Construction workers are typically covered under the definition of “employee” and will be covered under their employer’s Workers’ Compensation insurance.  In most cases, even construction workers who are called “independent contractors,” “general contractors,” or “subcontractors” still count as “employees” for Workers’ Comp claims.

Death Was Work-Related

Injury and death claims can only be filed for “work-related” accidents.  This means that the accident arises out of both the

  1. Course and
  2. Scope

of the worker’s employment.

Essentially, this means that the accident happened while performing job tasks, not performing personal errands, coming and going from work, or engaging in horseplay or other activity unrelated to work.

Time of Death

For a death to qualify as part of a Workers’ Comp claim, it has to occur within a certain timeframe:

  • If the victim dies outright from the accident, that must happen within 1 year of the accident.
  • If the victim dies after a period of disability, the death must occur within 5 years of the initial injury.

Occupational disease claims can also be filed if death occurs within 350 weeks of the worker’s last exposure to dangerous chemicals or conditions at work.

Relationship to Victim

Only spouses and “dependents” can get death benefits from Workers’ Comp.  Florida law primarily assumes benefits will go to the victim’s spouse and children, but if there are none, then parents, siblings, or grandchildren can get benefits instead.

However, they have to show that they were actually dependent on the victim’s income.

How to File for Death Benefits for Construction Accidents

Our attorneys for construction site deaths can file your Petition for Benefits within 2 years of your loved one’s deadly accident.

When we do so, we will

  • Collect all relevant medical records documenting their injury and death
  • Fill out a Petition and deliver it to the EAO (Bureau of Employee Assistance and Ombudsman)
  • The EAO will assign the case to a Workers’ Comp Judge (WCJ) who will be in charge of administering the case.

The cases do not go to court; they go to hearings before specialized WCJs instead of being heard by a traditional judge and jury.

Suing for a Construction Site Death

Workers’ Compensation is essentially a no-fault system that covers accidents from all kinds of sources:

  • An employer or coworker’s fault
  • The worker’s own fault
  • An outside party’s fault.

However, this third category of injuries caused by outside parties can also lead to a lawsuit.

Lawsuits vs. Workers’ Compensation Claims

In a lawsuit, the case goes before a judge and jury.  The plaintiff (the victim or their family) must show that the injury or death was caused by the defendant’s fault – usually involving a breach of a legal duty.  Damages can compensate for medical bills, lost wages, pain and suffering, and more in cases of wrongful death.

In a Workers’ Comp claim, medical care is covered, but lost wages are limited in time and cannot usually exceed 66 2/3% of the victim’s pre-injury wage.  There are no pain and suffering damages.

Who You Can Sue

In work injury cases, you cannot typically sue the worker’s employer for work-related injuries.  However, in construction site accidents, the following third-party defendants can often be sued:

  • Manufacturers of defective tools, power tools, safety gear, or materials
  • Property owners
  • Drivers, e.g., in cases of deadly roadside construction crashes
  • Outside contractors or companies.

FAQs for Construction Site Deaths in Miami

What Death Benefits Can I Claim in a Deadly Construction Site Accident Case?

Medical bills are all covered for end-of-life care, and up to $7,500 can be paid for funeral expenses.

On top of this, wage-loss benefits go to the surviving family at different rates, depending on which family members are eligible.  They are capped at $150,000 in total and a rate of 66 2/3% of the victim’s pre-injury wages.

  • 50% of pre-injury wages to the spouse, if that is the only recipient.
  • 50% to the spouse and another 16 2/3% if there are surviving children, too. If the children do not belong to the surviving spouse, benefits may be altered to best serve the family’s interests, and remarried spouses can lose benefits after a certain time period.
  • If there are only surviving children, 33 1/3% to each child (up to 66 2/3%).
  • 25% to each parent if there are no children or spouses.
  • 15% to each brother, sister, or grandchild if there are no other relatives.

All recipients must actually be dependent on the victim; nondependent family members cannot get benefits.

There may also be benefits available to the spouse for job retraining so they can continue supporting their family after the benefits run out.

What Damages Can I Get in a Lawsuit?

Wrongful death lawsuits can recover damages for additional lost wages, lost support, the cost of lost household services, and more.  The family can also recover compensation for the victim’s pain and suffering between the date of injury and date of death.

The spouse and children can also recover for lost companionship, lost guidance, and other pain and suffering damages.  These are often called “non-economic” damages.

Do Occupational Diseases Count for Workers’ Comp Claims?

If your loved one passed away because of an occupational disease they acquired working at a construction site, this can also be the basis of your claim.  For example, cancer, asbestosis, silicosis, and other health conditions are commonly acquired working in construction.

As long as the death occurred within 350 weeks of their last exposure at work, and the exposure occurred within the course and scope of their employment, the death should be covered.

Call Our Workers’ Comp Construction Death Lawyers in Miami for Help

For a free case evaluation, call Graves Injury Law Firm’s attorneys for construction site deaths at (305) 614-2767.