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Two Construction Workers Killed in JFK Power Plant Accident

Two construction workers were killed in an accident at the John F. Kennedy International Airport’s power plant in April. The workers fell into a 30-foot trench and became trapped underneath rubble. When firefighters and Port Authority recovered the workers, they were pronounced dead at the scene. There is no further information about what caused the accident or what the workers were doing when it occurred. At this time, all construction at JFK International has been suspended.

Construction accidents and workers’ compensation

Construction is one of the most dangerous jobs in the world. Despite safety precautions and regulations, workers are often injured on the job. When this happens, the workers (or their surviving family members) are eligible to file a workers’ compensation claim.

Workers’ compensation is a no-fault system—anyone injured on the job is eligible for medical expense and lost wage benefits without having to prove fault. Similarly, surviving family members can file for death benefits, including lost wages and final medical expenses. These claims are filed through the state workers’ compensation system.

Construction accidents and employer or third-party liability

Most people want to know if they can sue their employer in addition to filing a workers’ compensation claim. Generally, employers cannot be sued except in rare cases where they intentionally caused the accident.

However, another option may be available. When a third party causes an accident, such as a subcontractor or equipment manufacturer, the injured party or surviving family members can file a personal injury claim. This is helpful because there are often more damages available in a personal injury claim; if workers’ compensation doesn’t cover all the costs associated with injury or death, personal injury damages might.

To find out whether you are eligible to file a third party construction accident claim, reach out to the seasoned accident attorneys at Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP today.