The West Virginia Record recently reported about the disposition of a lawsuit regarding the wrongful death of a local man, who was electrocuted while working.
The decedent’s wife originally filed the lawsuit in 2011 on behalf of husband’s estate against Potomac Construction Industries and Sumersett Construction. The man was killed in Harpers Ferry in October of 2010. Among other claims, the lawsuit alleged that Potomac Construction failed to comply with relevant state and federal safety statutes, and negligently caused the unlawful emission of high voltage electricity.
The complaint sought economic damages in excess of $3 million. Sumersett and New Era settled for $1.8 million, and Potomac Construction later settled for $1.5 million. Thus, the aggregate sum of the settlements was in excess of $3 million.
The exact breakdown of the settlement remains unclear, although the victim left behind his wife and a young child. Under Maryland law, recoverable claims in these types of cases include things such as loss of companionship, lost wages, funeral expenses, and in some cases punitive damages, when there is evidence of blameworthy conduct. A final settlement is an agreement that the party is being compensated for all of the damages suffered, as a final disposition of the matter. This means that no further lawsuits or other legal claims may be pursued regarding the matter.
Construction workers may be barred from filing suits against their employers because of state or federal regulations, such as OSHA, or Workers’ Compensation laws, which outline a different process for dispute resolution.
However, in cases such as this one, where there is potential evidence of negligence, or some other legally significant act on behalf of the employer, a lawsuit may still be possible. Although workers on construction sites and their representatives may not be able to sue their employers directly for work-related injuries, they may be entitled to receive workers compensation benefits for injuries, lost wages, medical expenses, disability, or any resulting death. Additionally, if a third-party aside from the employer was responsible for causing the accident, the injured party may be able to file a personal injury or wrongful death lawsuit against that person or entity.
If you or a loved one has been injured or killed as a result of a construction accident in the Maryland or Washington D.C. area, contact the experienced Maryland personal injury attorneys at Lebowitz & Mzhen. We have many years of experience advocating on behalf of victims and families of these construction site accidents. We are dedicated to zealously representing you, and making sure that you receive the compensation you deserve. We take cases on a contingency fee basis, meaning that we don’t recover until you do. Contact us today in order to schedule your free initial consultation. You can reach us through our website, or by calling 1-800-654-1949 today.
More Blog Posts:
Baltimore to Pay $100k in School Bus Death Lawsuit, Maryland Accident Law Blog, published May 13, 2013
Surgery on Wrong Side of Woman’s Brain Prompts Malpractice Suit,Maryland Accident Law Blog, published May 3, 2013