The unexpected death of a loved one in a construction accident is traumatic. Knowing that another party’s carelessness, recklessness, or indifference led to your loved one’s death could be infuriating and add to your family’s suffering.
When your loved one was doing their job when they died, you are entitled to death benefits through the worker’s compensation program. If your loved one was a bystander, you could bring a wrongful death lawsuit against the parties who contributed to your loved one’s death through negligence. Workers’ families also sometimes have the option to sue third parties for damages.
These issues can be difficult to navigate without solid advice from an experienced attorney. Contact one of our seasoned Las Vegas construction accident lawyers at Shook & Stone who works with the survivors of Las Vegas fatal construction accidents to ensure your family receives compensation that reflects the magnitude of your loss.
Common Fatal Construction Site Injuries
A commercial building site might host hundreds of workers and dozens of contractors, all using dangerous tools and equipment while sharing a confined space. Even a much smaller residential project could involve several contractors with multiple workers doing their jobs in close proximity to each other. The potential chaos could lead to fatal construction site accidents, including:
- Fires
- Explosions
- Trench collapses
- Vehicle accidents
- Falls from a height
- Equipment malfunctions
- Blows to the head from falling materials or tools
Construction workers also risk exposure to toxic substances, which, over time, could lead to their premature death.
Bystanders also sometimes suffer fatal injuries in construction site accidents. An excavator, bulldozer, or dump truck might collide with a passenger vehicle or tip over and crush a nearby pedestrian. Fires and explosions can impact everyone nearby and expose entire communities to dangerous toxins. Improperly secured materials and tools can fall and strike people nearby.
Survivors of anyone who died in a construction accident in Las Vegas should consult a local attorney as quickly as possible. A proactive Las Vegas personal injury lawyer could investigate to determine whether another party’s negligence contributed to the incident and hold them accountable.
Death Benefits for Construction Workers
When a construction worker dies in a work-related accident, their survivors are entitled to death benefits. The death benefit equals two-thirds of the worker’s average monthly wage. Surviving spouses receive the benefit for the rest of their lives. Note that former spouses do not qualify for a death benefit.
If the worker left no spouse but had minor children, the children are entitled to receive the death benefit until they reach 18 or 22 if they are full-time students. If the worker leaves a surviving spouse and minor children from another relationship, the children and the spouse split the benefit 50/50 until the children reach 18 or 22.
Family members are entitled to these benefits, but claiming them can be complex and time-consuming. Our diligent Las Vegas fatal construction accident lawyers could help a grieving family compile the necessary documents to submit a complete and accurate claim.
Wrongful Death Lawsuits Against Negligent Parties
Family members could bring a wrongful death lawsuit whenever a bystander is killed in a construction accident. A worker’s family usually cannot sue the worker’s employer, but if another party contributed to the worker’s death—such as the manufacturer of a defective product, another contractor working onsite, or a local government that did not properly inspect the project or enforce safety standards—a worker’s family could bring a wrongful death lawsuit against the negligent parties.
Nevada Revised Statutes § 41.085 governs wrongful death lawsuits in the state. It allows anyone who would be entitled to a portion of the deceased’s estate if they died without a will to bring a wrongful death claim in civil court. In most cases, the person who brings the claim is the deceased’s spouse, child, or parent. A well-practiced attorney could explain which family member should bring the lawsuit in a specific case.
Damages in wrongful death lawsuits reimburse medical expenses related to the fatal injury, funeral costs, and punitive damages if the conduct that led to the death was especially reckless or egregious. When a household member brings the lawsuit, they are entitled to receive the wages the deceased would have earned throughout their remaining working life.
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Contact a Las Vegas Attorney After a Fatal Construction Accident
Construction sites are dangerous places for workers and bystanders. Even so, basic precautions can prevent incidents that cause death.
Family members who lost loved ones in Las Vegas fatal construction accidents should contact an attorney as soon after the incident as possible. Our team of dedicated legal professionals at Shook & Stone could hold the responsible parties accountable and ensure your family has the financial resources to move forward and thrive despite your loss. Call today to speak with a compassionate member of our team.
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