Fatal Workplace Accident Attorney in New York
The loss of a loved one in a deadly work-related accident in New York is a truly devastating experience. In addition to the profound emotional pain caused by the death, your financial stability could suddenly be upended. How will you afford the funeral and pay the medical bills? How will you get by when you have depended on your deceased loved one’s income to support your family?
An experienced New York fatal workplace injury lawyer with The Perecman Firm, P.L.L.C., can answer these questions and explore your options for seeking compensation for your losses and a measure of justice for the deceased. We are prepared to explore every avenue for compensation that could be available, and we’ll do so at no upfront cost to you.
Contact us today for a free consultation and find out how we’ve recovered more than half a billion dollars for people in situations like yours.
Why Families Need Our Firm After Deadly Workplace Accidents in NYC
If you have lost a loved one to fatal workplace injuries, you need an experienced workplace accident attorney to guide you through this emotionally and financially challenging time. The fatal workplace injury lawyers at The Perecman Firm, P.L.L.C., have more than 40 years of experience fighting for the interests of the surviving family members of individuals who have lost their lives at work. We have recovered over half a billion dollars in settlements and verdicts – a track record demonstrating we will fight tenaciously for what you deserve so your family can focus on the grieving process.
Common Causes and Types of Fatal Workplace Accidents
Fatal work-related accidents take many different forms. Below are some of the most common.
Motor Vehicle Crashes
Transportation incidents are a leading cause of employee deaths on the job. Examples include:
- Crashes involving company vehicles, including trucks, cars, tractors, and forklifts
- Being struck by a vehicle while working on or near roadways
- Accidents aboard aircraft, ships, or trains
Fatal falls often occur in industries such as construction, roofing, window-washing, arboriculture, and other high-elevation jobs. Causes can include:
- Inadequate fall protection, like missing guardrails
- Defective equipment like a safety harness failing
- Slippery work surfaces
Contact with Objects or Equipment
Deaths caused by contact with objects frequently involve:
- Being struck by falling equipment, supplies, tools, trees, and other objects
- Coming in contact with dangerous machinery parts and being crushed or struck
- Explosions or fires triggered by equipment failures or improper handling
Other Leading Causes
Additional common causes of employee deaths include:
- Trench and structure collapses at construction and demolition sites
- Exposure to toxic chemicals or substances like asbestos
- Oxygen deprivation and other work environment hazards
- Workplace violence
Identifying precisely what led to your loved one’s death allows an attorney to determine liable parties and legal options for pursuing compensation, which may involve a workers’ compensation claim and a wrongful death lawsuit.
Labor Statistics on Fatal Workplace Injuries in New York
Data from the New York Bureau of Labor Statistics show that 70 people lost their lives to fatal work injuries in New York City in a single recent year. Many of these worker deaths occurred on construction sites. These workplace fatal injuries statistics underscore the life-threatening danger that can occur when employers fail to take the proper precautions to keep their work sites safe.
Potential Compensation After Losing a Loved One in a Work Accident
New York has stricter labor laws than many states. For example, state law makes many employers in the construction industry fully liable if construction workers die from injuries due to failure to follow safety protocols. As such, many surviving family members have a right to claim compensation in a personal injury lawsuit for losses such as:
- Funeral and burial expenses
- Medical expenses resulting from the injury
- Pain and suffering at the end of your loved one’s life
- Lost income for dependents
- Loss of companionship and emotional support
- Loss of household services
Even if no party is directly liable for your loved one’s passing, you may still have an opportunity to recover workers’ compensation death benefits, including:
- $6,000 in funeral costs for downstate residents or $5,000 for upstate residents
- Weekly dependent benefits for the surviving spouse until they remarry
- Weekly dependent benefits for surviving children until they turn 18 (or 23 if they are in full-time education)
- $50,000 to the decedent’s parents or estate if there are no surviving dependents
Who Is Entitled to Receive Workers’ Compensation Death Benefits?
The only dependents eligible to receive workers’ compensation benefits if a loved one suffers fatal injuries in the workplace are:
- The decedent’s spouse
- Minor children
- Others who have been legally deemed dependents
These individuals are eligible to receive two-thirds of the employee’s average weekly wage, as determined by the 52 weeks preceding the accident, but not to exceed the state’s maximum.
Who Is Entitled to Benefit from a Wrongful Death Claim?
New York law permits the following parties to file a wrongful death claim for fatal occupational injuries:
- The decedent’s spouse
- The decedent’s children
- The decedent’s parents
- The personal representative of the decedent’s estate
New York does not usually permit siblings or cousins to file a wrongful death lawsuit unless they serve as the decedent’s guardian or personal representative of the estate. Even in such cases, the claim of a surviving child, parent, or spouse would prevent the sibling or cousin from filing their own.
How Our Attorneys Help Families of Fatal Job-Related Accident Victims
When you enlist the services of a New York City fatal workplace injury lawyer at The Perecman Firm, P.L.L.C., we will:
- Investigate the accident to determine its causes.
- Identify all liable parties.
- Calculate the total value of your claim.
- Negotiate aggressively with the insurance company for a fair settlement.
- Take your wrongful death claim to court, or your workers’ comp death benefits claim through the appeals process if necessary.
Our attorneys have the experience, skills, and knowledge to aggressively pursue a favorable result in your case, and we are passionate about providing the individualized respect and attention you deserve.
Call us today or contact us online for a free consultation to learn more about your legal options. We look forward to meeting you, hearing your story, and explaining how we can help you and your family during this difficult time.