Construction is already one of the most dangerous industries, but when employers cut corners or safety regulations aren’t followed, the consequences can be devastating. Tragically, some construction accidents lead to wrongful death. This leaves families not only grieving, but also facing financial and emotional challenges they never expected.
If you’ve lost a loved one in a construction accident, you may be wondering what rights you have and whether you can hold someone accountable. This guide explains how wrongful death claims work in New York, who can bring them, and what steps families can take toward justice.
Families’ Right to Bring a Wrongful Death Lawsuit
Under New York law, if a person’s death was caused by the wrongful act, neglect, or failure of another, surviving family members have the right to bring a wrongful death claim. In the construction industry, this often means that safety violations, negligent supervision, or defective equipment may have contributed to a worker’s death.
A wrongful death lawsuit allows families to seek financial compensation and hold employers, contractors, or other responsible parties accountable. Importantly, this claim is separate from workers’ compensation benefits that are typically provided after a workplace fatality.
There is a Duty Owed to Construction Workers
Employers, contractors, and property owners in New York have a legal duty to provide a safe work environment. This duty is reinforced by both federal and state safety regulations, including:
- OSHA (Occupational Safety and Health Administration) standards, which set rules for fall protection, scaffolding, electrical work, and more.
- New York Labor Law § 200, § 240, and § 241, which establish specific duties for safe workplaces, scaffolds, and excavation work.
These rules exist because construction is inherently dangerous. Employers and contractors are expected to:
- Provide fall protection like harnesses and guardrails.
- Maintain safe scaffolding and ladders.
- Ensure machinery and equipment are in safe working order.
- Train workers in proper safety procedures.
- Regularly inspect the jobsite for hazards.
When companies fail to follow these duties and a worker is killed, they may be found negligent and legally responsible for the loss.
Who Can Be Held Liable in Construction Wrongful Death Cases?
Several parties may share liability in a fatal construction accident:
- Employers and contractors: for unsafe work practices or lack of training.
- Property owners: for failing to maintain a safe jobsite.
- Equipment manufacturers: if defective tools, machines, or protective gear contributed to the death.
- Subcontractors: for negligence in their portion of the project.
- Third parties on site: such as delivery companies or other trades whose actions created hazards.
Determining liability often requires a thorough investigation. This is something our experienced wrongful death lawyers do for our clients. Our team understands construction law and workplace safety regulations and can help you build a strong case.
Who Can File a Wrongful Death Lawsuit in New York?
In New York, wrongful death lawsuits must be brought by the personal representative of the deceased’s estate. This is often a spouse, parent, or adult child. While the representative files the claim, the damages awarded go to the deceased’s beneficiaries, such as:
- A surviving spouse
- Children
- Parents (if no spouse or children survive)
- Other dependents in certain circumstances
The Damages Families May Recover
The purpose of a wrongful death lawsuit is to provide financial relief to surviving family members for the losses they have suffered. Damages may include:
- Funeral and burial expenses
- Medical costs related to the fatal injury or illness
- Lost income and benefits the deceased would have provided
- Loss of parental guidance and support for surviving children
- Loss of companionship and consortium for a surviving spouse
Unlike some states, New York does not currently allow families to recover for their own emotional pain and suffering, though legislation has been proposed to expand these rights.
How to File a Wrongful Death Lawsuit
If your loved one was killed on a construction site, you can file a wrongful death lawsuit in New York by contacting an attorney. The process can generally involve:
- Appointing a personal representative: this person is usually named in the deceased’s will or appointed by the court.
- Investigation: our attorneys will investigate the accident, gather evidence, interview witnesses, and consult with experts.
- Filing the lawsuit: a formal complaint is filed in court against the responsible parties.
- Discovery and negotiations: both sides exchange information, and settlement negotiations may take place.
- Trial: if no settlement is reached, the case goes to trial, where a judge or jury decides liability and damages.
The statute of limitations for wrongful death claims in New York is two years from the date of death. Missing this deadline may prevent you from filing a lawsuit.
Workers’ Compensation vs. Wrongful Death Lawsuits
Many families are told that workers’ compensation is their only option after a construction site death. While it’s true that workers’ comp provides benefits like funeral expenses and partial wage replacement, it does not fully compensate for the profound losses families experience.
Workers’ comp limits:
- No compensation for pain and suffering.
- Benefits are capped, often leaving families with far less than what the deceased would have earned.
- Employers are generally shielded from being sued directly.
However, families can often pursue wrongful death lawsuits against third parties, such as property owners, subcontractors, or equipment manufacturers. These lawsuits can provide far greater compensation and accountability.
Contact a Wrongful Death Attorney Today
At Morelli Law Firm, we know that no amount of money can replace your loved one. But holding negligent companies accountable can provide financial stability for your family and send a powerful message about the importance of safety in New York’s construction industry.
Our attorneys have over 100 years of combined experience and a record of securing billions of dollars in verdicts and settlements for clients. We are not afraid to take on major construction companies, property owners, or insurers to get families the justice they deserve.
If you’ve lost a loved one in a construction accident, contact us today for a free case evaluation.
