Was Your Loved One Killed In A Construction Accident?
Construction is one of the most dangerous industries that a person can work in, with countless inherent hazards to face on a daily basis. If your loved one has been killed in a construction accident, you are sadly not alone. According to OSHA statistics, construction accidents account for nearly 20% of all work-related deaths each year. In fact, 1 in 5 workplace deaths occur in the construction industry. If you have recently lost a loved one who worked in construction, due to a tragic workplace accident, you may be feeling overwhelmed by grief and unsure of what your options are legally. Our Sandy Springs personal injury lawyers can help you.
What Was Their Employment Status?
The options that are available to you legally depend in large part on what employment status your loved one held prior to their death. In short, whether they were an employee or an independent contractor. If they were classified as an employee, you should file a claim with their employer’s workers’ compensation insurance company for death benefits. These benefits are generally calculated based on the employee’s weekly income and the number of dependents that they have. In most cases, if they were classified as an employee, you will not also be able to bring a wrongful death claim against their employer. However, if a third-party who was not their employer caused or contributed to their death you may also be able to bring a wrongful death claim against that party in addition to filing for workers’ compensation death benefits. If your loved one was classified as an independent contractor, the first question is whether that was an accurate classification. Often, employers will intentionally misclassify employees as independent contractors to limit their liability. An attorney can help you determine whether the classification was accurate and sue to hold their employer accountable if not. Even in cases where the independent contractor classification was accurate, however, you may still bring a wrongful death claim against their employer or any party who caused or contributed to their death provided that the employer or third-party was negligent in doing so.
How a Lawyer Can Help
If this sounds confusing, don’t worry. An experienced workers’ compensation and personal injury attorney can help you navigate this process by determining your loved ones’ employment status, identifying all potentially liable parties, filing necessary workers’ compensation claims, and bringing wrongful death claims as appropriate. A wrongful death claim can provide compensation for medical expenses leading up to death, funeral expenses, loss of income, loss of consortium, and more. A lawyer can provide an accurate estimate of your damages and fight for a fair settlement.
Talk to Hawkins Spizman Trial Lawyers
If you have lost a loved one in a tragic and avoidable construction site accident in Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, Sandy Springs, or anywhere in Georgia, Hawkins Spizman Trial Lawyers will provide the support you need to get the compensation that you are entitled to. Contact us today to schedule a free and personalized consultation.
Resource:
osha.gov/data/commonstats
