If you have lost a family member in a fatal workplace accident, you need to reach out to an experienced Massachusetts workers’ compensation attorney who can help. At Barry Feinstein & Affiliates, P.C., we can aggressively advocate for your rights to make sure you get the compensation you deserve. With years of experience, we understand how to navigate these cases in a compassionate yet vigorous manner.
Given the nature of their work, workers in the construction industry are inevitably more susceptible to injuries or death as compared to other types of workers like office workers. The Occupational Safety and Health Administration (OSHA) found that one-fifth of workplace deaths across the country in 2015 were in the construction industry. Dubbed the “fatal four,” the four leading causes of death within the construction industry are falls, being struck by objects, electrocutions, and being caught/in-between equipment, objects, or collapsing structures.
OSHA has set forth a number of safety regulations for employers to follow in order to minimize the risk of injury for their employees. Unfortunately, many employers fail to adhere to these regulations, creating unsafe work environments that lead to serious injuries and even death.
When someone is killed at work, the surviving family members may have two options depending on the circumstances. One option is to make a workers’ compensation claim, and the other is to file a civil claim. In most cases, the family can do one or the other, and there are limited cases in which you may be able to do both.
Workers’ compensation is almost always a possibility after a workplace death. Workers’ compensation claims are made against an employer. In fact, workers’ compensation is the only remedy surviving family members have to seek from an employer. This is because an employer cannot be sued for a workplace accident, although a third party can be. Workers’ compensation benefits are available for individuals who are injured or killed in the course and scope of employment. A spouse or dependent minor child of a deceased worker may be eligible to receive workers’ compensation death benefits. Employers carry workers’ compensation insurance that pays out these wrongful death benefits, which may include but are not limited to:
- A percentage of the decedent’s average wages;
- Funeral and burial costs; and
- Medical costs incurred prior to the individual’s death.
It is important to note that while workers’ compensation benefits provide compensation for out-of-pocket losses, they do not provide compensation for non-economic losses, such as pain and suffering or loss of companionship.
It is devastating when a person is killed in a preventable work accident. If you have lost a loved one in a workplace accident, it may be in your best interest to speak with a Massachusetts workers’ compensation attorney. At Barry Feinstein & Affiliates, P.C., we are dedicated to helping families of deceased workers pursue the justice and compensation they deserve and need to move on with their life. For a free and confidential consultation about your case, call us at 1-800-262-9200 or contact us through our website.
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