FindLaw KnowledgeBasePublished: 2012-04-19
The harsh reality of many types of construction jobs is that workers in the industry tend to be more likely to become injured or killed while on the job. A tragic example of this occurred to a Danbury, Connecticut man who fell to his death while installing sheeting on the roof of the Chelsea Piers sports complex.
Javier Salinas, the employee killed in the fall, plummeted from the roof after a strong breeze pushed him over the edge of the roof. The lawsuit alleges that the employer, Ashford Properties Construction, should not have allowed Salinas to work on the roof without a safety harness.
The lawsuit arose in part because AP Construction had the work done by subcontractors, who are not covered under workers’ compensation — which might otherwise have provided for Salinas’ family. Instead, the estate must litigate to recover for the workplace accident. Protesters have since gathered to complain that the company should not use subcontractors like Salinas. They alleged that the company sacrificed worker safety in order to reduce costs. Regardless of the company’s motives, in order for Salinas’ loved ones to recover anything they had to bring a wrongful death claim.
A wrongful death claim is governed by Connecticut statute. It allows the deceased’s executor or administrator to bring a claim against the party who was at fault for the death. If Salinas’ estate can prove that AP Construction was negligent, his family can recover for:
- The loss of his earning capacity (future wages included)
- The loss of his ability to enjoy life
- Pain and suffering experienced just before death
- The death itself
- Funeral costs
- Loss of consortium (the legal right to the benefits a spouse provides)
When a loved one is injured, the family loses much. Not only is death of a loved one devastating emotionally, when that person is a family provider, the loss of financial stability must be contended with as well. If a loved one of yours has been killed, there is hope for regaining financial security. Contact a lawyer experienced with wrongful death cases to discuss your options.