OSHA’s “Fatal Four” and Wrongful Death on the Job
The Occupational Safety and Health Administration (“OSHA”) names four primary causes of construction workers’ deaths, which include the following:
FALLS – 35%
Falls are the leading cause of fatal construction accidents. Common construction site dangers include open and unprotected floor holes, wall openings, faulty construction of scaffolds, and misuse of portable ladders. OSHA mandates the use of guardrail, safety net, or personal fall arrest systems in the event workers are exposed to a fall hazard of six feet or more above a lower level. Where a floor hole is present, OSHA mandates that the floor hole must be covered immediately and the covers must be able to support twice the weight of employees, materials, and equipment.
STRUCK-BY OBJECTS – 10 %
These incidents occur by falling or flying objects, including heavy equipment as well as falling material such as bricks.
ELECTROCUTION – 9%
Electrocutions are very dangerous accidents and can lead to death. They most often occur when a worker comes into contact with a power line, when extension cords are misused, there is lack of ground-fault protection, when a path to ground is missing, and when equipment is not used in a safe, prescribed manner.
CAUGHT-IN OR BETWEEN ACCIDENTS – 3%
These accidents occur under devastating circumstances where a worker is badly injured or killed as the result of becoming stuck and effectively crushed between objects. These injuries can occur during trenching when there are cave-ins. They may occur when workers become compressed between shifting objects such as a loading dock wall and a semi-trailer.
Wrongful Death Suit
When a loved one dies in New York as the result of the negligent or wrongful actions of others, a wrongful death lawsuit may be initiated to seek recovery for all damages that are legally compensable as the result of the negligent or wrongful actions. New York statutes provide that a wrongful death lawsuit can be brought by:
- A child of the decedent,
- A parent of the decedent,
- A spouse of the decedent, and
- The personal representative for the estate of the decedent.
A New York wrongful death claim can include financial compensation for many damages that aren’t covered by workers’ compensation death benefits. A wrongful death claim can result in compensation for loss of financial support, loss of love and emotional support, loss of quality of life, and the pain and suffering your loved one endured before their passing.
Find out whether you have a case by speaking to one of our experienced lawyers via our 24/7 toll-free hotline or by submitting an email inquiry. Our attorneys will be quick to respond to you and happy to answer all of your questions.
Know the DifferenceCommitted to Doing What's Right
Over $3 Billion Won
We have represented numerous individuals and groups of workers, winning for them multi-million-dollar settlements and verdicts.
There's No Case Too Big
Our team has achieved groundbreaking victories in highly complex cases and has gone up against some of the toughest defendants in the country.
Our attorneys excel in the courtroom and are not afraid to bring a case in front of a jury if a fair settlement for the client has not been reached.
A Thought Leader in the Industry
Our firm's knowledge and experience are in high demand, and many news outlets have asked us to share our legal expertise.
Access to World Class Resources
Our experienced attorneys use cutting-edge technology and highly regarded experts to help us achieve the best possible result for our clients.
Changing the World for Good
We not only want to achieve the best possible results for our clients, but we also strive to prevent future harm by changing public health policies.
Thousands of Clients HelpedHear What They Have to Say
Professional, responsive and very good at their jobs.- Lisa Ross
They have truly gone above and beyond.- Anne Fahey
I put my Faith and Trust into Corey Stern!- Dennis McGowan
With this team on my side we came out on top.- Angie Garrido
Very happy with our settlement.- Lori Rosa
Wow is all I can say.- Carol N.
Their dedication to receive the highest results for their clients was amazing.- Emily DeRogatis
Such a great team!- Kevin Kober
We definitely got the right law firm!- Mark Wells
Levy Konigsberg continued to help my family fight for the justice my father deserves.- Stephanie Vitale