Contact Us Today! (714) 453-6500
Every year, an average of 1,000+ construction workers lose their lives while working on a job site. In many cases, these deaths are entirely preventable. Unfortunately, the death of a construction worker often leaves the family in a very difficult financial position, as the deceased is often the breadwinner. The partner or spouse often has to shoulder the financial responsibility while also dealing with grief.
If your loved one died as a result of a fatal construction accident in Orange County, you may be eligible to receive their death benefits from their employer’s workers’ compensation insurance coverage. If a third party was partly or equally responsible, you can also bring a separate third-party wrongful death lawsuit against the person or organization. Our workers’ compensation attorneys at Silberman & Lam can help you explore your legal options.
Construction site accidents can lead to catastrophic injuries that immediately or eventually claim the lives of workers in Southern California. These include:
The causes are known as the Construction Focus Four by the Occupational Safety and Health Administration (OSHA) because they account for about half of all construction site accidents and pose deadly threats to construction workers.
Other common causes include operating faulty machinery, hiring inexperienced workers, lack of PPE, and trench collapses. In many cases, these accidents could have been avoided by providing workers with adequate PPE, implementing safety best practices, and providing recommended job training.
A construction worker’s death on the job may require their family to seek other liable parties outside the decedent’s employer to maximize the compensation they can pursue. Death benefits from workers’ compensation insurance coverage may be insufficient, due to conditions such as the number of the deceased’s dependents and a lack of other coverage for other damages like pain and suffering.
In general, qualifying dependents can receive death benefits at the applicable total temporary disability rate and reimbursement of reasonable burial expenses, up to $10,000 for injuries on or after January 1, 2013. Base death benefits can be up to $320,000, depending on the number and type of dependents, but qualifying totally dependent minors may receive continued payments beyond the base amount.
Surviving relatives may be able to file a separate wrongful death lawsuit against a third party if their actions or negligence contributed to their loved one’s passing. Unlike workers’ compensation-related death benefits, this requires proving fault. An experienced lawyer in Orange County can help you figure out which legal options work for your needs when pursuing compensation after a fatal construction accident.
Losing your loved one in a preventable accident is horrible. Not only do you have to grieve their loss, but you may also have to worry about how you will pay your bills. At Silberman & Lam, LLP, our workers’ compensation lawyers can help relatives of workers who died from injuries sustained in Orange County fatal construction accidents explore viable legal options that can provide them with financial stability and secure their future. Call now to discuss your case.