It is no secret that construction workers face some of the most dangerous occupational hazards of any profession, and unfortunately, we in New York were reminded of this just a few months ago when a worker at a New York construction site was fatally wounded. According to reports, a construction worker was killed when a collapsed wall fell upon him. Even worse, both the supervisor and employing company appear to have known about the dangers of the project, even as they sent the worker into the area.
Now, months later, the two parties are involved in a fierce legal squabble about who is at fault in the accident. The supervisor has claimed that responsibility for the fatality lies with the construction company, because even though the foreman supposedly created the dangerous conditions, the construction company would not allow the supervisor to fire the foreman. The company denies these claims, though both are facing charges of manslaughter, and more, for a separate fatal construction accident that occurred nearly a year ago.
Obviously, it is important to determine who was truly responsible for this tragedy to prevent other construction workers from falling victim to similar circumstances. Additionally, if one person can be determined to be at fault in the accident, then that person may be liable for any financial stress or damages incurred by the family of the deceased worker.
Regardless of who is ultimately found to be at fault in the accident, this construction workers' family can almost certainly recover workers' compensation benefits on his behalf. It is important to remember that whether another person is sentenced in connection with a fatal accident, the victim's family can recover compensation from the employer's insurance company. Of course, no amount of compensation can truly measure up to the loss of a loved one, but it can ease the financial strain, and more importantly, you are entitled to it.
Source: New York Post, "Construction company, supervisor blame each other for fatal accident," Rebecca Rosenberg, Apr. 6, 2016