A fatal construction accident is a devastating tragedy that leaves families reeling with grief, questions, and seemingly impossible decisions. After such a heartbreaking loss, loved ones need to understand their legal rights and options.
At Dulaney, Lauer & Thomas, we understand the profound impact of losing a family member to a senseless workplace accident. Our experienced Virginia workplace death attorneys are here to provide compassionate guidance and fight for the justice grieving families deserve.
Sadly, construction remains one of the deadliest industries in the Commonwealth and across the nation. Understanding the scope of the risks and your family's legal rights is a crucial first step on the path forward after a tragic loss.
Understanding the "Fatal Four" Causes of Construction Accidents
In the construction industry, the leading causes of worker fatalities are often called the "Fatal Four." These four accident types account for the majority of deaths on construction sites each year:
- Falls. Falls from heights, like roofs, ladders, or scaffolding, are the number one cause of construction worker fatalities.
- Struck by Object. These accidents occur when a worker is hit by a falling, flying, swinging, or rolling object, such as construction materials or equipment.
- Electrocutions. Construction workers face significant electrical hazards from power lines, exposed wiring, and electrical equipment.
- Caught-in or -between. These tragic accidents happen when a worker is compressed, pinched, or crushed between two objects, such as heavy machinery or collapsing structures.
By understanding these common accident causes, families can better identify potential safety failures that may have contributed to their loved one's death and hold negligent parties accountable.
Virginia Construction Fatality Statistics Reveal Ongoing Risks
According to the latest data from the Bureau of Labor Statistics, the construction industry remains a leading source of workplace fatalities in Virginia:
- In 2023, there were 14 fatal injuries in the private construction sector in Virginia
- Construction worker deaths accounted for approximately 12 percent of all workplace fatalities in the state
- Nationwide, construction fatalities increased to 1,075 in 2021, with 581 of those deaths resulting from the "Fatal Four" causes:
- Falls. 421 deaths (39%)
- Struck by object. 77 deaths (7%)
- Electrocutions. 66 deaths (6%)
- Caught-in/between incidents. 17 deaths (1.6%)
While these numbers have fluctuated somewhat in recent years, they consistently highlight the severe hazards construction workers face daily. Industry leaders and regulators must prioritize proven safety measures to prevent more families from enduring the heartbreak of losing a loved one to a workplace fatality.
Protecting Your Family's Rights After a Fatal Construction Accident
It can feel impossible to think about legal matters amid overwhelming grief. However, understanding your family's rights and consulting with an experienced Virginia workplace death attorney are essential steps to protect your financial future and bring your loved one a measure of justice.
Workers' Compensation Death Benefits
If your family member was an employee who died on a Virginia construction site, you are likely entitled to workers' compensation death benefits. These benefits can include:
- Burial expenses up to $10,000
- Transportation costs up to $1,000
- Weekly compensation payments equaling two-thirds of the deceased worker's average weekly wages for qualifying dependents, up to 500 weeks
To file a claim for death benefits, you must notify the employer within 30 days of the death and file a claim with the Virginia Workers' Compensation Commission within two years.
Wrongful Death Lawsuits
In some situations, your family may also have grounds for a wrongful death lawsuit. While workers' compensation is the exclusive remedy against an employer in most cases, you may be able to bring a wrongful death claim against a negligent third party, such as a subcontractor, property owner, or equipment manufacturer. In rare cases involving willful or egregious misconduct by the employer, you may also be able to sue outside the workers' comp system.
Virginia law allows certain family members to seek compensation for losses, including:
- Medical and funeral expenses
- Sorrow and mental anguish
- Loss of the deceased's income and services
- Loss of care, guidance, and companionship
However, the time limit to file a wrongful death lawsuit is generally two years from the date of death. That's why it's critical to consult an attorney as soon as possible to evaluate your legal options.
How a Workplace Death Lawyer Can Help Your Family
No amount of money can ever fill the void left by your loved one's absence. However, pursuing all available avenues for compensation can provide critical financial support and a sense of accountability to help your family face the future.
An experienced Virginia workplace death attorney can guide you through this painful time by:
- Thoroughly investigating the circumstances of the accident
- Identifying all potential sources of compensation, including workers' comp death benefits and third-party injury or wrongful death claims
- Filing required notices and claims to protect your family's rights
- Connecting you with helpful resources and support services
- Calculating the full extent of your family's losses
- Negotiating with insurance companies for maximum compensation
- Taking your case to trial if the responsible parties won't settle fairly
Your family has already suffered enough. You should not have to bear the weight of unpaid bills, financial insecurity, and unanswered legal questions on top of your grief. At Dulaney, Lauer & Thomas, our caring, dedicated legal professionals are ready to stand by your side, lighten your burdens, and fight for the justice your loved one deserves.