Losing a loved one in a sudden, unexpected way can be so devastating to family, friends and more. One way that has and will unfortunately continue to happen to Cook County residents is when a loved one dies in a tragic accident due to construction negligence.
Proving construction negligence is essentially the same as proving any negligence claim. Elements that need to be proven are: duty, breach, causation and damages. Essentially, the negligent party owed a duty to the victim that was breached, and it was the negligent party's action - or inaction - that actually caused the victim's injury. This results in damages for the victim and their loved ones.
In terms of how construction negligence could occur and by whom, it varies. The employer could be responsible for a loved one's work death. But, there could be other parties, like equipment manufacturers or sub-contractors that could have played a role. There are many ways a fatal construction accident could happen, so there are an infinite number of possibilities for how it could have happened and who is potentially negligent.
Workers' compensation exists but may not be appropriate in cases of fatal work accidents. This is because it's possible that negligence played a role and, thus, wrongful death could be more appropriate. The financial implications are just part of the deep loss that loved ones experience when they lose a loved one. Work accident deaths are far too common and can be compensable. An experienced attorney can be very helpful when considering whether to file a claim for compensation.