From the very early days of sophisticated construction, the worker has always been the unsung hero. Look at the marvelous construction of the pyramids in Egypt, the bastion of art and literature that was Athens and the glory days of ancient Rome. All of these empires and breathtaking cities and architectural wonders were built by the blood, sweat and tears of manual labor workers. For too long the focus of such great buildings and infrastructure was on the question of what they meant or how did they help in their respective lands.
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[ctt template=”4″ link=”sHOc3″ via=”yes” ]Construction is an occupation that is incredibly dangerous and the risk of life and limb is always hanging in the balance. So what happens when your family member dies in the construction industry?[/ctt]
The Deaths Of Unsung Workers Shouldn't Be Skipped Over
Now however, the trades are becoming more and more respected as we can look back at history and truly appreciate how the old methods were developed and used. It's a badge of honor if you know someone who works in the construction industry. It's not just bricks and cement, it's not just drilling and hammering nails into walls. It's a profession that requires thought to balance, proportion, mathematical sense, stylish verve and hard work to achieve magnificent triumphs. Yet, unfortunately, it's an occupation that is incredibly dangerous and the risk of life and limb is always hanging in the balance. So what happens when your family member dies in the construction industry?
Complaints before fatality
When a family member dies in a construction accident, you must realize that different parties will back up their side of the story. This is understandable because nobody wants to be culpable for someone’s death whether for financial reasons or simply emotional. So one of the things you can do to already start to filter out the possible reasons for the cause of death is to recount any safety complaints the deceased made. Now, this could have been done simply in passing as you were at home having a regular conversation. Did your loved one ever complain about their boss or other workers regarding unsafe practices? Think back carefully and slowly, what kind of wording did they use and what examples did they give to you? It could have been at the dining table where you were eating dinner and he mentioned that some flooring was loose and no one was fixing it. Treading along unstable ground while lifting or carrying something heavy is an immediate risk to one’s health. Situations like this and more should be written down and made ready to give to your attorney if you’re pushing ahead with a lawsuit.
Negligence is inexcusable
Negligence in an office environment is no way near as bad as in the construction industry. A slightly high wire or trash can peaking out may cause someone to hit into it and stumble. A similar situation such as a random two by four laying on the ground while you carry a bag of cement on your shoulder over it can cause you to trip and hit the ground without having your hands or arms to break your fall. According to Bureau of Labor Statistics and their National Census of Fatal Occupational Injuries report for 2015 – 2016 deaths by violence or injury due to other people went up from 703 to 866.
Employers are very careful as to not leave themselves open to lawsuits so they usually provide good equipment, working conditions and safety practices for all to follow. However, when it's a third party i.e. another worker, pedestrian, or local authority that causes a negligent death, you can still sue for compensation. A death by negligence attorney that specializes in the construction industry will put forth a case for you that involves retrieving compensation for medical expenses, funeral costs, loss of future financial support of the deceased’s income, loss of domestic services that the deceased would have provided, loss of parental guidance, loss of inheritance and punitive damages in some notorious cases. If your husband was carrying something heavy and was accidentally knocked off a ditch platform and landed fatally on the ground, this a perfect example of a negligent death. It may not have been on purpose but now that your loved one is dead, sorry won’t be of much use. Within a borough of a major city like New York, you have a maximum of 2 years to file a lawsuit after which you will be unable to chase up any compensation entitlement.
Can workmates help?
Fatal accidents can occur in the blink of an eye. Sadly when someone realizes they are guilty of the horrific injuries to someone else, they can try to cover up their tracks. People can do the little things such as simply leaving the injured or dead person where they lay and getting far away from them to avoid suspicion of being the cause. On the other hand, if the cause of a mortal wound by sheer negligence is done by a senior staff member, they may even gain access to the security room and delete CCTV footage to erase any hope of themselves being implicated.
That’s why it's paramount that you talk to witnesses as soon as possible. Workmates of your now dead loved one may be able to help. They might be able to inform you of any bad relationships with other workers they might have had. Any recent arguments or threats of violence need to be recorded word for word. If there is a history of certain workers not getting along with your loved one, a witness may be able to tell you of any peculiar activity prior to the supposed accident. How is it best to archive these testimonials of the incident? Nowadays every smartphone has video and audio recording software available. The key is to get there early and start talking to those who witnessed the accident. Your emotions will be extremely fragile so it may be best to send someone else to go to the place of work and interview fellow workers. Some colleagues may not want to talk to you so don’t push them but other will so get everything recorded. Once recorded write out the words forming your own transcript, logging the time whenever speech is heard in the video.
Construction workers are really the unsung heroes of all that we see around us. The buildings that we sit and work in, the houses that we make our humble abodes and the infrastructure that keeps civilization ticking over. When there is a death of a loved one working in the construction industry due to negligence, give them justice by gaining compensation for their death.
This is a contributed post.
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