June 19, 2015- Henrico, VA
A construction site on the lower campus of the Collegiate School became the scene of a tragic, fatal accident Monday afternoon. NBC12 News reports that an employee of Breedlove Masonry, an Ashland-based company, was operating a concrete saw when he was “cut severely.”
Despite the quick administration of CPR by other workers who witnessed the incident, the victim ultimately succumbed to his injuries. A spokesman for Conquest, Moncure & Dunn, the contracting company working on campus, stated, “Thoughts and prayers go out to their family during these difficulties.”
According to NBC12 News, the victim’s identity is currently being withheld until proper notification can be made to family members.
In cases where an on-the-job injury results in death, the Virginia Workers’ Compensation Act provides wage loss replacement benefits and payment of funeral expenses to surviving family members.
Under Virginia law, workers’ compensation benefits represent a decedent’s sole, fixed remedy against the employer. Even when workers feel they have been denied adequate payments through workers’ compensation, there is no right to jury trial, and there is no separate lawsuit generally outside of the workers’ compensation system.
However, these laws do not shield other negligent third parties from being held accountable for wrongdoing. For instance, if the primary employer is a construction company, but the injured or deceased worker is employed by a contractor, there may be multiple theories of liability. Additionally, if a worker is injured or killed because of a defective product such as a ladder, saw, or vehicle, the seller, lessor or manufacturer of the product may be liable.
Personal injury or wrongful death claims against a negligent third-party company, person or entity may entitle workers or their dependents to reimbursement for medical expenses, lost wages, pain, suffering, permanent impairment, disability, loss of enjoyment of life and other damages the jury sees fit to award.
If your loved one died as a result of a worksite accident, you are not alone. The experienced workers’ compensation and personal injury attorneys at ReidGoodwin are here to help ensure justice in the wake of terrible tragedy. Call today to schedule a legal evaluation.