Hudson Valley Workplace Death Attorneys
Millions of Americans are injured on the job every year. Worse still, over 5,000 workers are killed in workplace accidents annually. If your loved one suffered a fatal workplace accident in New York, you have the right to seek compensation. To protect your rights and ensure you are as prepared as possible to seek compensation and justice, you need help from a savvy New York workplace death law firm. The Goshen fatal workplace injury attorneys at Dupée & Monroe, P.C. are ready to help.
Holding Third Parties Liable for Fatal Workplace Injuries
In New York, injured workers are typically limited to workers’ compensation for financial recovery. Even if a worker dies on the job, their family is often limited to specific workers’ comp death benefits, such as funeral costs, weekly income replacement benefits, and other payments to the estate. These amounts can feel woefully inadequate after the tragic loss of a loved one who died on the job.
Under certain circumstances, however, the surviving family and/or estate of a deceased worker can seek compensation elsewhere. If your loved one was killed through the wrongful actions of a third party, meaning anyone besides a co-worker, supervisor, or other agent of your employer, you could be eligible for a third-party claim. Situations where a third party may be liable include:
- Accidents caused by defective machinery, factory equipment, or protective gear
- Traffic accident caused by a civilian driver
- Truck accidents due to negligent loading by third-party contractors or customers
- An accident caused by a defective truck or other vehicle
If you can prove that your loved one’s death was caused by a negligent driver, a negligent third-party contractor, or the manufacturer of equipment or machinery used by the deceased worker, then you can file a third-party wrongful death or survivorship claim.
Damages Available in a Third-Party Wrongful Death Claim
If a worker was killed by the negligence of a third party, then the surviving family and/or estate can seek compensation from that third party. There are actually two distinct legal claims available after a death caused by someone else’s wrongful conduct: wrongful death and survivorship claims. Each type of claim is available to different parties and involves different damages. Both claims can be brought after a single death.
Surviving family members can file a wrongful death claim seeking to recover lost economic benefits, including the medical costs incurred to treat the deceased worker, the lost earnings of the deceased worker, the loss of support to the household (child care, household maintenance, etc.), as well as loss of parental guidance and education. The estate of the victim can also bring a survivorship action for the pain and suffering incurred by the victim before they succumbed to their injuries. The New York legislature attempted to pass a law that would have expanded the types of damages available to surviving family members after a wrongful death, but New York’s governor vetoed that bill in 2023.
If your loved one was killed in a workplace accident, talk to an experienced New York fatal work accident lawyer at Dupée & Monroe, P.C. We’ll review your case to determine what claims may be available and fight to maximize your monetary recovery.
New York’s Scaffold Law and Workplace Death
Under most circumstances, employers cannot be held directly liable for the death of a worker, outside of workers’ compensation. New York law, however, recognizes that construction is an especially dangerous industry, and it’s incumbent upon general contractors and property owners to make sure that work sites are safe for construction workers.
If your loved one was killed in an accident that involved a fall from height during construction, maintenance, painting, repairs, or other elevated activities, then you could have a claim against your loved one’s employer and/or the property owner. If the fall was connected to a lack of proper protective equipment or other safety protocol violations, the contractor and/or owner can be held liable for the resulting damage.
Talk to a knowledgeable New York workplace death lawyer to discuss your case and your options. Recovering compensation after a fatal workplace accident is complex, and it’s important to know your rights and your legal obligations in order to preserve your chance to hold the proper parties liable.
Zealous New York Fatal Work Injury Attorneys Working for You
If your loved one has been killed in a workplace accident in Orange County or throughout the mid-Hudson Valley, find out if you should file a claim for damages by contacting the dedicated and thorough Goshen work accident lawyers of Dupée & Monroe at 845-294-8900.
