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  • Writer's pictureLeitner Varughese Warywoda

Family Members Who May be Able to File Construction Accident Lawsuits

New York construction accidents can result in life-threatening and fatal injuries, and family members can suffer immensely when a loved one dies in a preventable construction accident. Most construction accidents can be avoided with ordinary care. Accordingly, when a serious or deadly construction accident results from the negligence of a construction employer or another party, it is important to hold that party accountable and to seek compensation. While most states do not allow injured parties or their survivors to file a lawsuit for a construction site injury, New York has specific laws that allow injury victims or their survivors to seek compensation under New York Labor Law.

Filing a Lawsuit Under New York Labor Law 200, 240, or 241

If you lost a loved one due to an injury resulting from negligence on a construction site, you could be eligible to obtain compensation under New York Labor Law 200, 240, and/or 241. Each of these laws is specifically designed to protect the health and safety of construction workers in New York. When a construction site owner or a general contractor is negligent, and that negligence results in a serious or fatal injury, it may be possible to file a lawsuit.

Who is Liable for a Construction Accident Death Under New York Labor Law?

Depending upon the specific facts of your case, one or more parties may be liable for your loved one’s death, such as:

● Employer;

● General contractor;

● Subcontractor;

● Construction site owner; and/or

● Building owner.

Seek Death Benefits Through the New York Workers’ Compensation System

Although the process is different from filing a lawsuit, if you lost a loved one in a construction accident, you could be eligible to seek death benefits through the New York workers’ compensation system. To be eligible for death benefits, you will not need to prove that the employer or general contractor was negligent, as you will need to do in order to be eligible for compensation by filing a lawsuit under New York Labor Law. Instead, you will only need to prove that your loved one’s fatal injuries arose out of his or her employment.

However, you should remember that workers’ compensation death benefits do not typically cover all losses, and cannot fully compensate family members for lost wages and other losses associated with the fatal construction accident. You can seek that additional compensation through a lawsuit under New York Labor Law.

Contact a New York Construction Accident Lawyer for Assistance

Losing a loved one in a preventable construction accident is devastating. We know how difficult it can be to consider the possibility of filing a lawsuit when you are grieving, but it is also critical to hold the negligent employer or general contractor accountable if this accident could have been avoided with ordinary care. New York Labor Law provides a way for family members to obtain the compensation they deserve from negligent employers and building owners, and to hold those parties accountable for their negligent acts or omissions. One of our New York construction accident attorneys can speak with you today about options for moving forward with a lawsuit. Contact Leitner Varughese Warywoda PLLC to learn more.


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