There are a number of jobs that carry great risk, and one area where workers often face danger is construction. While employers take a number of precautions to keep workers safe, construction accidents can still occur. While such jobs are more dangerous than others, employers are still responsible for protecting workers from potential peril on the site.
A 30-year-old construction worker died in North Raleigh after falling from a scaffold at an apartment complex under construction. According to a Raleigh Police spokesman, Gabriel Andrade, 30, was pronounced dead at the site. Andrade was on scaffolding at 5741 Goodstone Drive near the intersection of Spring Forest road and Louisburg road when he plunged to his death from five stories. Investigators believe that a foul play was not involved. The North Carolina Department of Labor has not made public the name of the construction company that employed Andrade.
Workplace accidents can occur as a result of worker carelessness, employer negligence, or a third party fault. Workers in dangerous jobs require more safety guidelines to prevent accidents and injuries. Employers are responsible for providing proper training for their employees who perform dangerous activities and operate dangerous equipment and tools. Employers must also ensure that the work environment is as hazard-free and safe as possible.
Workers injured in construction accidents are covered by worker’s compensation insurance when their injuries occur within the scope of their employment. In North Carolina, employers are required to provide worker’s compensation insurance, also known as workman’s comp, for employees. It is usually provided through a private insurance carrier, but employers may also self-insure. Under NC law, waivers are not permitted.
Death benefits in workman’s comp cases are payable to the legitimate surviving family of the deceased employee based on a certain percentage of wages. There is a minimum benefit regardless of the worker’s earnings. Sometimes, the surviving family believes the workman’s comp death benefits are not enough to compensate for the loss of their loved one. They claim this lack increases the profound loss of a family member.
In certain cases, employers can be sued if they are grossly negligent in failing to provide a safe work environment. A wrongful death claim may also be filed against negligent third parties, such as the company that improperly installed the scaffold, the manufacturer of defective equipment, or a negligent property owner or property management firm that created safety hazards on a worksite.
When the death of an employee is caused by the negligence of another person or entity, the loss is usually unacceptable for the surviving family. A North Carolina personal injury attorney can help them navigate NC worker’s compensation laws and negotiate with the employer’s insurance companies and any liable third parties to ensure that the family obtains the benefits they deserve.