Lost a Family Member in a New York Construction Accident? You Deserve Full Justice
Lost a loved one in a NY construction accident? Our attorneys bring wrongful death claims under EPTL §5-4.1 and Labor Law. Free, confidential consultation.
When a construction worker is killed on the job in New York, surviving family members can bring a wrongful death claim under EPTL §5-4.1 alongside Labor Law claims. These cases can recover pecuniary losses, conscious pain and suffering, and funeral expenses.
New York workers injured in wrongful death situations have access to some of the strongest legal protections in the country. Under §240(1), §241(6), property owners and general contractors may be held strictly or vicariously liable without proving they were careless. This is not an accident — the Legislature designed these laws specifically to protect the state's construction workers.
What Causes Wrongful Death at New York Job Sites
- Falls from significant height with no fall arrest system
- Being struck by a falling crane load
- Scaffold collapse burying or ejecting workers
- Trench cave-in causing asphyxiation
- Electrocution from unguarded power lines
- Being struck by a vehicle or heavy equipment
Common Injuries in Wrongful Death Accidents
- Fatal traumatic brain injury
- Fatal spinal cord damage
- Fatal crush injuries
- Fatal asphyxiation from burial
- Fatal cardiac arrest from electrocution
- Fatal internal injuries from impact
The Law Behind Wrongful Death Claims in New York
A wrongful death construction case combines New York's powerful Labor Law with the wrongful death statute, EPTL §5-4.1, which allows the decedent's estate to recover damages suffered by distributees. The underlying liability theory — §240(1) or §241(6) — depends on the mechanism of death. Where §240(1) applies, liability is strict and comparative fault is not a defense. A survival claim can separately recover for conscious pain and suffering between the accident and death. Damages in construction wrongful death cases include the present value of lifetime lost earnings, lost household services, and the decedent's conscious pain and suffering — making these among the highest-value construction cases in New York.
This is strict liability under New York's Scaffold Law. The property owner and general contractor cannot claim you were at fault. If the safety device failed to provide proper protection, liability is established.
Industrial Code 12 NYCRR 23-1.7 sets specific construction standards that directly apply to wrongful death situations. 12 NYCRR 23-5.1, 12 NYCRR 23-1.7(a), 12 NYCRR 23-4.2 — violations of these rules are the predicate for a §241(6) claim alongside or instead of a §240 claim.
OSHA standards (29 CFR 1926.451, 29 CFR 1926.502, 29 CFR 1926.1400) are also relevant. An OSHA citation or inspection report following your accident can be powerful evidence of the property owner's or GC's failure to maintain a safe worksite.
Labor Law
- §240(1)
- §241(6)
Industrial Code
- 12 NYCRR 23-5.1
- 12 NYCRR 23-1.7(a)
- 12 NYCRR 23-4.2
OSHA Standards
- 29 CFR 1926.451
- 29 CFR 1926.502
- 29 CFR 1926.1400
What Are Wrongful Death Cases Worth in New York?
Typical Low End
$1,000,000
Serious/Permanent Injury
$15,000,000+
New York wrongful death settlements typically range from $1,000,000 to $15,000,000+. The wide range reflects real differences in outcomes: a worker who suffers a broken wrist and returns to work in three months is in a very different position than a worker with a spinal cord injury who cannot return to any employment.
Key factors in your case value include the severity and permanence of your injuries, your pre-injury earning history (construction trades typically earn $60,000–$120,000/year or more, compounding lost wage damages), the number and financial strength of defendants, and any Workers' Compensation offset.
Do not accept an early settlement offer without consulting a lawyer. Insurance adjusters' first offers are calculated to minimize payout. A §240 claim with a permanent injury is worth multiple times what an adjuster's early offer reflects.
How to Protect Your Wrongful Death Case
Preserve physical evidence
Photograph the scene, equipment, and conditions before the property owner or GC modifies anything. Physical evidence is the foundation of a §240 or §241(6) claim.
Secure all incident documentation
Obtain the incident report, OSHA records, and any site safety logs from the day of your accident.
Identify all potentially liable parties
The property owner, general contractor, equipment manufacturer, and others may all face liability. Your attorney will conduct a full investigation to name all responsible parties.
Get comprehensive medical evaluation
Injuries from construction accidents are frequently more severe than initial emergency evaluations indicate. Specialist records maximize your damages recovery.
Frequently Asked Questions
Hurt in a Wrongful Death Accident in New York?
Call (888) 702-1581 for a free case review. We handle §240(1), §241(6) claims throughout New York state. No fee unless we win.