Wrongful Death on a Construction Site to Negligence

A construction wrongful death claim in New York arises when a worker is fatally injured due to another party’s negligence—such as a contractor’s failure to follow safety regulations or a property owner’s failure to maintain a safe job site. Surviving family members may pursue a wrongful death lawsuit to hold the responsible parties legally accountable.

Unlike workers’ compensation death benefits, which are limited and provided regardless of fault, a wrongful death claim allows the estate to pursue broader compensation from third parties whose negligence contributed to the fatal accident.

Without an experienced New York wrongful death lawyer from Friedman, Levy, Goldfarb, Green & Bagley, P.C.,  you risk undermining your chances of securing the full measure of justice and compensation that your family rightfully deserves.  Schedule a free consultation. We’re here to help.

What Is a Construction Wrongful Death Claim?

As noted above, a construction wrongful death claim is a legal action brought when a worker dies as a result of negligence or wrongful conduct on a construction site.

Unlike a personal injury claim—where the injured person seeks compensation—a wrongful death claim is filed by the personal representative of the deceased’s estate on behalf of surviving family members. The purpose of the claim is to recover compensation for economic losses, such as lost income and funeral expenses, as well as the loss of support and guidance suffered by the deceased’s beneficiaries.

Who Can File a Wrongful Death Lawsuit in New York?

In New York, only the personal representative of the deceased person’s estate is legally authorized to file a wrongful death lawsuit. This individual is typically appointed by the Surrogate’s Court and may be named in the deceased’s will or, if no will exists, selected according to New York’s intestacy laws.

While the personal representative files the claim, the lawsuit is brought on behalf of the deceased’s surviving family members, who may be entitled to compensation. These beneficiaries often include:

• Spouse
• Children
• Parents (if there is no spouse or child)
• Other dependents or next of kin, depending on the family structure and circumstances

Any damages awarded in the wrongful death case are distributed among the eligible family members based on their financial dependence on the deceased and the laws of intestate succession if there is no will.

How Negligence Plays a Role in These Cases

Negligence is often at the heart of wrongful death claims in construction settings, including:

• Failure to maintain a safe job site. Unsafe working conditions—such as unprotected edges, unstable scaffolding, or unmarked hazards—can result in deadly incidents.
• Inadequate training or supervision. Workers who are poorly trained or supervised are at a higher risk of serious or fatal accidents.
• Use of defective or poorly maintained equipment. Malfunctioning machinery or tools can cause catastrophic injuries, especially when safety checks and maintenance are ignored.
• Non-compliance with safety regulations. Ignoring OSHA guidelines or state-specific laws, such as New York Labor Law §§ 200, 240, and 241, dramatically increases the risk of fatal accidents.

Each of these failures may serve as the basis for a wrongful death claim if they directly contribute to a worker’s death.

What Are the Common Causes of Construction-Related Wrongful Deaths?

According to the Occupational Safety and Health Administration (OSHA), the top four deadly construction hazards, often referred to as the “Fatal Four,” account for most fatalities on construction sites:

• Falls: Falls, slips, and trips can occur from scaffolding, ladders, roofs, or unprotected edges. These accidents can result from missing fall protection equipment, a lack of guardrails, or unsafe work practices at height. In 2024, fall protection requirements were the most frequently cited OSHA violations.
• Struck-by incidents: Occur when a worker is struck by a moving object, such as vehicles, falling tools, or unsecured materials. Heavy machinery, cranes, and vehicles can present significant risks—especially when operators are inadequately trained, or the site lacks proper safety controls like barriers, signage, or designated walkways.
• Electrocutions: Workers face high risks when exposed to live wires, ungrounded electrical systems, or power tools with faulty wiring. These accidents are particularly dangerous in wet or confined environments, where the chance of a fatal shock increases.
• Caught-in/between accidents: These accidents occur when workers are trapped between equipment, structures, or materials. Trench collapses, rotating machinery (e.g., cement mixers), and unguarded equipment are common culprits, often worsened by inadequate safety planning or malfunctioning gear.

Each hazard reflects a broader issue of preventable risk on construction sites. When safety measures are ignored or neglected, the consequences can be fatal. Understanding these causes helps families and legal professionals assess whether a wrongful death claim is appropriate.

Who May Be Liable in a Construction Wrongful Death Case?

Determining liability is a critical step in every wrongful death claim. Because construction sites often involve multiple parties with overlapping responsibilities, more than one party or entity may be held legally accountable for a fatal accident:

In many construction wrongful death cases, determining all legally responsible parties requires a comprehensive investigation into the circumstances of the incident.

Because identifying and pursuing all viable claims under New York law can be complex, families often rely on an experienced wrongful death attorney in NYC to evaluate the facts, preserve evidence, and guide them through the legal process.

What Compensation Can Families Recover in Wrongful Death Lawsuits?

Surviving family members may be entitled to compensation for the following:

• Funeral and burial expenses: Reimbursement for the reasonable costs of funeral and burial services.
• Loss of income and financial support: Compensation for the wages and benefits the deceased would have provided to their dependents.
• Loss of Inheritance. Compensation for the reduction in the inheritance the decedent’s beneficiaries would likely have received had the deceased lived out their normal life expectancy.
• Loss of parental guidance and services: Compensation for the economic value of the decedent’s support, services, and parental guidance.

When calculating these damages, courts and insurance companies typically rely on expert testimony, financial records, and other documentation—along with the unique circumstances of the deceased’s life, earning potential, and family relationships—to determine the appropriate compensation.

What Is Required to Prove Negligence in a Wrongful Death Claim?

In a wrongful death case, the burden rests on the plaintiff and their attorney to prove that the fatal accident resulted from another party’s failure to exercise reasonable care. To succeed, they must present clear and convincing evidence supporting all four elements of negligence. The claim cannot proceed or result in compensation without substantiating each component.

The four elements of negligence are as follows:

1. Duty of Care: The defendant owed a duty to the deceased. This typically means maintaining a safe environment and following industry safety standards and regulations on a construction site.
2. Breach of Duty: The defendant breached that duty by ignoring safety protocols, e.g., failing to repair faulty equipment or neglecting proper oversight of workers or job site conditions.
3. Causation: The breach directly caused the fatal accident. It must be shown that the defendant’s actions (or failure to act) were the direct cause of the incident that led to the death.
4. Damages: The survivors suffered pecuniary (financial) losses as a result of the death.

Proving negligence in a fatal construction accident claim involves gathering detailed evidence, such as accident reports, witness statements, expert analysis, and safety records. This process can be complex, but it is critical to supporting a family’s pursuit of accountability and compensation.

Why Work with a Construction Wrongful Death Attorney

The emotional toll of a wrongful death incident is immeasurable, compounded by the financial burdens that often follow. Navigating the aftermath of a wrongful death is an overwhelming and emotionally taxing experience. During such a challenging time, having a skilled attorney by your side is not only beneficial but essential. 

Pursuing a wrongful death claim is an incredibly complex and time-consuming process. It involves intricate legal procedures, dealing with insurance companies, and presenting compelling evidence—all while you are trying to cope with overwhelming grief. The role of a wrongful death attorney is meant to alleviate these burdens and provide support throughout the legal journey. 

Contact Us Today: We’re Here to Help

With decades of experience handling these complex claims, our compassionate team at Friedman, Levy, Goldfarb, Green & Bagley, P.C. brings extensive knowledge to every case we take on. We have a proven track record of securing substantial settlements and verdicts, approaching each case with unwavering commitment and tenacity because we understand how much is at stake for you and your family. Schedule a free, no-obligation consultation today.

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