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My husband died while working at a construction site.

Who is to blame?

My husband died while working at a construction site. Who is to blame?

Construction is considered to be one of the most dangerous occupations in the United States. The risk of electrocution, falling, using faulty machinery, or other unpredictable situations are dangers that workers can be faced with everyday. Unfortunately, out of the 4,693 work fatalities in 2016, 991, or 21.1% were in construction.

As dangerous as it might be, risks must be taken in order to provide for a family. Your husband, or family member, may have assured you that all of the necessary safety protocols were in place; that he wore his hard hat all of the time; and that you had nothing to worry about. What happens, when something goes wrong, and he loses his life. Who is to blame?

Statistics: https://www.osha.gov/oshstats/commonstats.html

Common Liable Parties in Construction Accident Wrongful Death Cases

Even with the strictest protocols in place by OSHA, thousands of severe and fatal accidents occur on construction sites because of neglect or carelessness. Construction sites typically have many companies involved in the project, and determining who is liable, is not always easy. Depending on what happened, a lawyer might argue that any of the following should be held responsible for the death of your loved one:

A Contractor – There could be multiple contractors on one construction site. If they fail to keep their workers safe, a contractor could be held liable.

Manufacturer – If the death was a result of broken, faulty, or damaged equipment, a lawyer may seek compensation from the manufacturer. This equipment would include tools, machinery, scaffolding, and more.

The Owner of the Construction Site – It is up to the construction site owner to maintain the premises, and ensure all protocols are being practiced.

Construction Worker – It is possible for another worker to have acted negligently; thereby, cause the death of another worker. Sometimes he or she could also be criminally prosecuted for manslaughter.

The Employer – If a lawyer discovers that workers were not properly trained, machinery was poorly maintained, or OSHA violations existed, the employer could be pursued for damages.

Filing a Complaint with OSHA and Other Agencies

When safety violations are an issue, a lawyer might also help you to file a complaint with OSHA and other state or federal agencies. Filing a complaint with these parties could result in fines and other penalties that will encourage the negligent party to not make the same mistake again. If you’re unsure about how to go about this process, you can ask your lawyer or call your local OSHA office.

Start Rebuilding Your Future

Losing a loved one in a construction accident can be devastating. You might feel unsure about how to move forward and overwhelmed with feelings of grief. No lawyer can turn back the time; however, we might help you to recover monetary damages that can be used towards the rebuilding of your future. To learn more, please schedule a consultation with a construction accident lawyer Houston, TX residents rely on.

 


 

Thank you to our friends and contributors at John K. Zaid & Associates for their insight into construction accidents.