First, we are sorry for your loss. If your family is wondering how this tragedy happened, you can contact our law firm for a free consultation, and find out if you want our lawyers to conduct an independent investigation.
Step One is Finding Out Who Can Be Sued
Yes, your family can sue a general contractor if the facts support a wrongful death claim against the company. You will also need to find out if other companies can be sued, which is often the case.
Fatal construction accidents are very complex and require an enormous amount of digging to determine what companies can be sued by a family. Some of the questions that need to be answered include:
- For which company did the person work, the general contractor or a subcontractor?
- Was the person an independent contractor (self-employed)?
- Who was the general contractor and was it owned by a parent company (corporate relationships can be complex)?
- What safety measures were taken to prevent this kind of accident?
- Were any laws broken and were there OSHA violations?
- Was a vehicle, defective product, gas line or equipment involved in the accident?
- What were the contributing factors?
- What was the immediate response to the injury?
Our experience is that families like yours want answers, justice and to take action to prevent any other family from suffering like yours. You want access to lawyers who can help you do that and who have have won multimillion-dollar settlements and verdicts. You can click here now if you want a free consultation with an attorney at our law firm.
OSHA and the Construction Industry
Construction workers have the right to a safe workplace. The Occupational Safety & Health Administration (OSHA) helps prevent accidents by enacting and enforcing rules and regulations for this industry. These are meant to prevent:
- falls;
- machinery injuries (amputation, eye injury, etc.);
- burns;
- being hit by falling debris, equipment or a vehicle;
- head injuries and brain damage;
- electrocution;
- chemical inhalation.
Last month, OSHA added a new rule to protect workers in confined space during construction. It becomes effective August 3, 2015. The rule was prompted by several fatal accidents in these kinds of spaces, including the following:
- Crawl Spaces and Attics: “A flash fire killed a worker who was spraying foam insulation in an enclosed attic. The fire was caused by poor ventilation.”
- Pits: “While replacing a steam-operated vertical pump, an equipment repair technician died from burns and suffocation after falling into an industrial waste pit.”
- Sewer Systems: “A worker who lost consciousness and died when he climbed into a sewer vault to retrieve a tool. His co-worker also died when he attempted a rescue.”
Fatal Construction Accidents on the Rise
The New York Times recently published an article about the rise of fatal construction accidents in New York City. Eight people have died so far this year, according to the Times. Many of these deaths were from falls, and one was from a construction fence that fell on a pedestrian, killing her.
The reason for the rise in New York City is more construction. Since this industry is picking up throughout the U.S., we can expect other locations to see more fatal accidents. Some of the fatal accidents reported to OSHA so far this year include the following:
- fall from a roof;
- falling fan shroud;
- forklift crash;
- engulfed in saw dust that had filled truck cab;
- electrocuted;
- fall down elevator shaft;
- fall from top of crane cab; and
- propane tank explosion.