Earlier this month, a construction accident in Brooklyn left a 46-year-old man dead, according to PIX 11. The incident took place on a construction site and involved a 2,000 pound piece of heavy machinery falling on a worker. Reportedly, the worker was in the process of moving construction materials, including piping, to another area of the construction site when an excavator’s extension collapsed and fell on him. The worker was trapped under 2,000 pounds of machinery and was crushed to death before he could be freed.
Authorities are currently unsure why the extension on the excavator collapsed. At the time of this report, the construction worker’s identity hadn’t been released. This is because authorities were still in the process of informing his family of his death prior to the PIX 11 article being published. A stop-work order has been placed on the construction site while an investigation is conducted.
What to Do If Your Loved One Is the Victim of a Fatal Construction Accident
There are multiple options for families of victims of fatal construction accidents in New York, including the following:
- Workers’ Compensation Survivor Benefits – Per New York’s workers’ compensation laws, if an employee dies because of a work-related accident or illness, the employee’s survivor(s) (spouse or children or other legal dependents) may be entitled to weekly benefits. These benefits are often equal to two-thirds of the deceased employee’s average weekly pay for the 52 weeks prior to their death. In addition, if the worker had no spouse, children, or legal dependents, the worker’s parents or estate may be entitled to a one-time $50,000 payment.
- Wrongful Death Lawsuit – In New York, workers’ comp law prevents survivors from filing wrongful death lawsuits against employers. However, there occasionally exceptions to this rule.
- Third Party Lawsuit – In some situations, a third party, such as a contractor, driver (if the construction accident involved a motor vehicle accident), or product manufacturer, may be at fault for a deadly construction accident. In those situations, survivors may be able to file a personal injury lawsuit against that third party to hold them accountable for the death of their loved one.
To learn about Belushin Law Firm, P.C., and how we’ve helped clients with workers’ compensation and wrongful death cases in the past, read our reviews and check out our case results.
For more information about workers’ comp and wrongful death lawsuits, or to discuss your situation with our experienced personal injury lawyers in Brooklyn, give us a call at (888) 918-9890 or contact us online today for a free consultation.