Death of Construction Worker Triggers Wrongful Death Claim

 Posted on November 08, 2024 in Wrongful Death

A scaffolding collapse on the University of Chicago Medical Center campus has resulted in a wrongful death lawsuit against both the contractor and the subcontractor. The young construction worker and another worker fell more than 80 feet while working on the construction site of the planned cancer pavilion. Following the accident, the scaffolding was seen swaying in the wind; family members of the deceased construction worker claim the scaffolding was "incredibly deficient" and that proper safety precautions were not taken.

Scaffolding is generally designed to withstand 80 mph winds, yet this particular scaffolding failed when hit by a 44 mph wind gust. Further claims by the family allege the scaffolding was not properly connected to the building and that a three-foot gap at the corner of the scaffolding was bridged with only a piece of plywood connected by three nails. OSHA will conduct a full investigation of the accident, including determining why neither of the workers was wearing a tethered safety harness.

In 2022, the construction industry recorded the highest number of work-related deaths, with 1,060 construction workers losing their lives on the job. If you have been injured in a construction accident or a loved one has lost his or her life in a construction accident, speaking to a knowledgeable Chicago, IL personal injury attorney can be beneficial.

Why Are Construction Sites So Dangerous?

The construction industry has the third-highest number of reported workplace injuries and the highest number of workplace deaths. It is easy to assume that these injuries and deaths occur simply because construction is dangerous. Workers often work from heights, on scaffolding and ladders, or high on a roof. Lots of heavy equipment and potentially dangerous power tools are used in construction. Workers move fast and are under tight deadlines.

Although some construction site deaths are not preventable, many are. Construction companies often skimp on safety for their workers. They may fail to properly train their workers, provide safety equipment, or ensure all precautionary measures have been taken to avoid accidents.

What Are the Most Common Types of Construction Accidents?

OSHA identifies four of the most common causes of fatal construction site accidents, labeling them the "Fatal Four." The fatal four include:

• Falls from heights, especially ladders and scaffolding
• Being caught between equipment or objects
•  Being struck by a falling object
• Electrocution

What Are Common Wrongful Death Damages?

There are legal remedies for the family of a construction worker killed on the job. A wrongful death claim can provide financial compensation for family members, which can be crucial in allowing loved ones to survive. Economic damages are those which have a specific financial amount attached, including:

•  Medical expenses incurred before the death of the individual.
• Funeral and burial expenses
• Lost income that the decedent would have earned, including benefits like health insurance and contributions to retirement.
• Loss of household services like home maintenance

Non-economic damages are less easy to put an exact financial number on because they are more subjective. Non-economic damages in a wrongful death claim may include:

• Loss of companionship or consortium
• Emotional pain and suffering experienced by loved ones
• Loss of parental guidance for children

Punitive damages can also be awarded if the death was the result of especially egregious negligence or malicious or intentional misconduct. While compensatory damages are meant to make up for the losses experienced by loved ones, punitive damages are meant to punish while also deterring similar conduct in the future. Punitive damages may apply when willful disregard for worker safety or safety rules is part of the equation.

Contact a Chicago, IL Wrongful Death Lawyer

Construction worker deaths and serious injuries continue to rise; every year, one in 100 construction workers will be injured severely enough to need time off from work. If your loved one died in a construction accident as a result of negligence on the part of the contractor or owner, an experienced Chicago, IL wrongful death attorney from Winters Salzetta O'Brien & Richardson, LLC can help. Our attorneys are both skilled negotiators and aggressive litigators. Call 312-236-6324 today to schedule a free consultation to discuss your case.