Your world has been shattered by the unexpected loss of your husband in a construction accident. While you're still grieving, your husband's employer may approach you with promises to "take care of everything." Though the offer of help feels like a lifeline during this overwhelming time, you need to proceed with caution to ensure your family's long-term financial security. Even if you and your husband’s employer are grieving your husband’s death, you are making sure that your family is protected financially, and your husband’s former employer is making sure the accident doesn’t cost his company any more than necessary.
At Hofmann & Schweitzer, our New Jersey and New York construction accident lawyers understand the challenges you face, and we are here to help you. We are available for a free, no-obligation consultation so that you can be confident you are making the right decisions.
Can You Pursue a Wrongful Death Case?
New York State has some of the strongest worker protection laws in the nation.
Section 240 of the New York Labor Law, known as the "Scaffold Law," holds property owners and contractors strictly liable when workers are injured or killed in elevation-related accidents, including falls from scaffolding, ladders, and roofs.
Additionally, Labor Law 200 requires that all areas of a worksite be “constructed, equipped, arranged, operated and conducted” to make the worksite as safe as possible for employees and visitors. Property owners and contractors can be held liable if they violate the law.
These New York laws allow many construction families to pursue additional compensation beyond what is typically available in a workers’ compensation case.
New Jersey law may also allow families to pursue wrongful death claims after a fatal construction accident.
If your loved one died in a New York or New Jersey construction accident, the experienced construction accident lawyers at Hofmann & Schweitzer will consider all applicable state laws to help you get the full and fair recovery you deserve.
Construction Wrongful Death Compensation
It can be hard to imagine the future, but you and your children deserve financial security. A wrongful death claim may include compensation for things like:
- Medical expenses. If your husband incurred any accident-related hospital charges or medical bills between the time of the accident and the time of death, they may be part of your recovery.
- Lost income. You may be able to recover any income your husband would have earned from the accident date until his reasonably anticipated retirement date.
- Pain and suffering. If your husband did not die right away, his pain and suffering may be compensable.
- Mental anguish and loss of companionship. You and your children may recover damages for your suffering and loss of emotional support.
- Funeral costs. Any funeral, burial, or memorial costs your family paid out of pocket may be reimbursed in a settlement or lawsuit.
Why You Shouldn't Accept the First Settlement Offer
While your husband's employer may seem sincere about wanting to help, remember that the company's insurance carrier is focused on minimizing payouts. Initial settlement offers rarely reflect the full value of a wrongful death claim.
Before accepting any offer, you need to understand:
- The full extent of your family's financial losses
- Your legal right to compensation in New York or New Jersey
- The role of third parties who may share liability
- The actual value of future lost earnings and benefits
An experienced construction accident lawyer can accurately value your claim and protect your interests during settlement negotiations.
Steps to Take to Protect Your Family's Rights
Time is critical in construction accident cases. Evidence can disappear, witnesses' memories fade, and legal deadlines approach quickly. Take these essential steps:
- Document everything related to the accident. This includes any communication with the employer or insurance companies. Keep copies of accident reports, medical records, and death certificates.
- Avoid signing any documents or giving recorded statements without legal review. Insurance companies may try to use your words against you later.
- Gather information about your husband's employment, including pay stubs, tax returns, and benefit statements. This documentation helps establish the financial impact of your loss.
- Consider appointing a legal representative to handle communications with insurance companies and investigators. This allows you to focus on your family during this difficult time.
Why Legal Guidance Matters for Your Family's Future
Construction accident cases may involve workers' compensation, labor, and wrongful death laws. Without legal representation, families may accept settlements that fail to provide long-term financial security.
Our New York construction accident lawyers can:
- Investigate all potential sources of compensation
- Document safety violations that contributed to the accident
- Calculate the true value of your family's losses
- Handle negotiations with insurance companies
- Ensure all legal deadlines are met
- Protect your rights throughout the claims process
At Hofmann & Schweitzer, our New York construction accident lawyers understand that no amount of money can replace your loss. However, we can help ensure your family's financial security.
