Construction workers face danger from heavy machinery, scaffolding, falls, and hazardous materials daily. If you lost a family member in a fatal accident, a Daly City construction accident lawyer can help you take legal action.
Fatal construction accidents often lead to financial instability. A construction accident death lawyer in Daly City from Omega Law Group Accident & Injury Attorneys can take on your case and help pursue the compensation your family deserves.
How a Daly City Construction Accident Death Lawyer Can Help
After a fatal accident, a Daly City construction accident death lawyer can:
- Investigate the accident: They can gather evidence, interview witnesses, and review safety records to identify negligence.
- Negotiate settlements: They can negotiate with insurance companies to secure fair compensation.
- Represent you in court: If your case goes to trial, a lawyer can advocate for your family in court.
Workers’ Compensation Benefits for Fatal Construction Accidents
California law provides workers’ compensation benefits to the families of construction workers who die on the job. These benefits, which are designed to help cover financial losses, may include:
- Funeral expenses: Workers’ comp can cover a portion of burial and funeral costs.
- Survivor benefits: Spouses, children, or dependents may receive ongoing monthly payments.
- Medical expenses: Costs associated with the treatment immediately before the worker’s death may be covered.
A Daly City personal injury lawyer can work to make sure your family receives all of the benefits you are eligible for.
Third-Party Claims in Fatal Construction Cases
Sometimes, construction accidents involve negligence from parties other than the employer. Third-party claims may arise if:
- A subcontractor fails to follow safety protocols.
- Equipment manufacturers produce defective machinery.
- Property owners or developers neglect proper maintenance or safety measures.
In these cases, families may pursue separate lawsuits in addition to workers’ compensation claims to recover additional damages.
Reporting a Construction Accident Death in Daly City
When a construction worker dies on the job, it is critical to report the incident promptly. Families or coworkers should:
- Notify authorities immediately: Contact the local police and fire department.
- Report to Cal/OSHA: Fatalities must be reported to the agency within 8 hours.
- Preserve evidence: Photographs of the site, equipment, and safety conditions may be crucial to your case.
- Consult a lawyer: A construction accident death attorney in Daly City can help obtain the deceased worker’s employment records, incident reports, and medical records to start building your claim.
Common Causes of Fatal Construction Accidents
Construction accidents can happen for numerous reasons. Some of the most common causes include:
- Falls from heights: Workers can fall from scaffolds, ladders, or unfinished buildings. Falls are one of the leading causes of construction deaths.
- Equipment accidents: Cranes, forklifts, and other machinery can malfunction or be misused, leading to fatal injuries.
- Electrocution: Contact with live wires or faulty electrical systems can result in immediate death.
- Trench collapses: Excavation sites pose serious risks if proper shoring and safety measures are not in place.
- Falling objects: Tools, debris, or materials dropping from above can strike workers, causing life-threatening injuries.
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How Long Does It Take to Settle a Construction Accident Death Claim?
The timeline for settling a fatal construction accident claim can vary depending on the type of claim you file and how complex it is. Here’s how it breaks down:
- Workers’ compensation claims: These are sometimes within a few months, but the process may take longer if disputes arise over benefits.
- Third-party claims: Cases involving negligent third parties or multiple liable parties can take a year or longer to settle.
- Litigation: If a case goes to court, the legal process may drag on for several years due to discovery, hearings, and trial preparation.
Factors like the severity of negligence, the availability of evidence, and cooperation from insurance companies will all influence how quickly you receive compensation for your loss.
Can You Sue the Employer for a Construction Accident Death in CA?
In California, the circumstances in which you can sue an employer directly for a workplace death are limited due to workers’ compensation laws. However, if an employer’s reckless actions or deliberate disregard for safety caused the death, you may pursue a wrongful death lawsuit.
In addition, other parties involved in the construction project, such as subcontractors or equipment manufacturers, can be held liable for negligence. A lawyer can evaluate your case to determine if suing the employer or another party is possible and advise you on the best legal strategy.
Speak to a Construction Accident Death Attorney in Daly City
The loss of a loved one in an accident can be crushing, especially when you know the accident could have been prevented. A Daly City construction accident death attorney from Omega Law Group can gather evidence to strengthen your claim and handle the insurance companies so you can focus on spending time with your family.
Schedule a free consultation to discuss your legal options.
