Wrongful Death on a Jobsite: How Third-Party Claims Deliver Beyond Workers’ Comp Death Benefits
Losing a loved one in a workplace incident is devastating. In the immediate aftermath, most families are told, “workers’ comp will handle it.” While workers’ compensation death benefits are important, they are limited by design. In many jobsite tragedies, another company’s negligence – a third party – played a role. When that happens, families can pursue a wrongful death and/or survival action against those responsible, often recovering far more than comp alone.
Below, we explain what workers’ comp covers, what it doesn’t, how third-party claims work, who can be liable, and what to do now to protect your family’s rights.
What Workers’ Comp Death Benefits Usually Cover and What They Don’t
Workers’ comp death benefits (which vary by state) typically include:
- A portion of the worker’s average weekly wage for eligible dependents
- Funeral/burial expenses up to a statutory cap
- Limited medical expenses
Workers’ comp does not pay for the full spectrum of losses a family suffers, such as:
- The entire lifetime of lost earnings and benefits
- Loss of companionship, guidance, and consortium
- The decedent’s pain and suffering before death (handled through a survival claim)
- Punitive damages where the conduct was egregious
That gap is why identifying responsible third parties is so critical.
How Third-Party Wrongful Death Claims Deliver Beyond Comp
A third-party claim is a civil lawsuit against someone other than the employer whose negligence contributed to the death. Unlike workers’ comp, a successful third-party case can recover full tort damages, including:
- Non-economic harms (loss of companionship, guidance, and emotional support)
- All economic losses (the full value of future earnings, benefits, and household services)
- Pain and suffering under a survival action
- Punitive damages in qualifying cases to punish reckless conduct
These recoveries can make a meaningful difference for a family’s long-term stability and provide accountability that comp never addresses.
Who Can Be Liable on a Jobsite? Common Third Parties
Jobsites bring together many companies. Any of the following may bear responsibility:
- General contractor/construction manager: unsafe sequencing (“trade stacking”), inadequate fall protection, lax site supervision
- Subcontractors: violating safety plans, leaving energized systems exposed, creating fall or struck-by hazards
- Property owners/managers: dangerous site conditions, inadequate lighting or security, hidden defects
- Equipment manufacturers/distributors/rental companies: defective cranes, lifts, harnesses, power tools, or failure to provide adequate warnings/instructions
- Maintenance/inspection firms: negligent inspection or failure to remove unsafe equipment from service
- Delivery drivers/third-party motorists: work-zone crashes, backing incidents, struck-by vehicle events
- Design professionals: plans or specifications that create foreseeable hazards
Identifying every potentially responsible party early is essential to preserve evidence and maximize recovery.
Real-World Scenarios That Often Support Third-Party Claims
- Defective fall protection: A faulty self-retracting lifeline fails, causing a fatal fall—potential claim against the manufacturer/distributor.
- Electrocution: Another subcontractor energizes a circuit without lockout/tagout—claim against that subcontractor and possibly the site supervisor.
- Crane or lift failure: A rental company skips required maintenance—claim against the lessor/maintenance provider.
- Work-zone collision: A non-employee driver speeds through a lane shift—claim against the driver (and employer, if on the job).
- Premises hazard: The owner conceals a known structural defect—premises liability claim.
Evidence That Wins These Cases (Preserve It Now)
Time is not your friend. Critical evidence can be “lost” quickly unless you act. Your legal team should move fast to secure:
- OSHA and governmental investigation files
- Incident reports, daily logs, and site safety plans (HASPs/JHAs)
- Contracts, subcontracts, and indemnity/insurance provisions
- Training records and toolbox talk sign-ins
- Equipment inspection, maintenance, and rental records
- Product design files, manuals, and warnings
- Scene photographs, surveillance video, and 911 audio
- Witness statements and contact information
- Telematics/black-box data from vehicles and heavy equipment
We routinely issue spoliation (evidence-preservation) letters on day one to prevent destruction of key proof.
How Workers’ Comp Interacts with a Third-Party Case (Subrogation)
When a third-party case succeeds, the workers’ comp insurer may assert a subrogation lien to recoup benefits paid. Experienced counsel can often negotiate that lien, especially when our efforts created the recovery, so more funds reach your family. Strategic lien resolution is a core part of our approach.
Who Can File and Which Claims Apply?
- Wrongful death: Brought for the benefit of certain family members for their own losses.
- Survival action: Brought on behalf of the estate for the decedent’s pre-death pain, suffering, and other damages.
Rules on who can file, how recoveries are distributed, and deadlines vary by state. Many jurisdictions have a two-year statute of limitations for wrongful death, but claims against governmental entities can have much shorter notice deadlines. Speak with counsel promptly to avoid losing your rights.
What to Do Now if You’ve Suffered a Loss
- Do not rely on comp alone. Ask whether any non-employer may be responsible.
- Preserve evidence immediately. Names of witnesses, photos, equipment IDs, and any communications.
- Avoid recorded statements (other than what’s legally required) until you have counsel.
- Keep all documents – pay stubs, benefits summaries, medical/funeral bills, and correspondence.
- Speak with a wrongful death attorney quickly. Early action can dramatically change the outcome.
Why Families Choose McEldrew Purtell
We focus on catastrophic injury and wrongful death. Our team understands jobsite operations, contracting structures, and OSHA standards, and we partner with leading experts in construction safety, human factors, and product engineering. We move fast to secure evidence, map liability across all responsible parties, and build the full measure of your family’s loss.
- Comprehensive investigation across all trades and entities
- Aggressive preservation of evidence and site access
- Economic and vocational experts to quantify lifetime losses
- Strategic lien negotiations to enhance your net recovery
- Contingency-fee representation, no fee unless we obtain a recovery
Talk to McEldrew Purtell Today
Your family deserves clear answers and full accountability. If you’ve lost a loved one on a jobsite – construction, industrial, utility, warehouse, or roadway work – contact McEldrew Purtell now for a free, confidential consultation. We’ll evaluate potential third-party claims, protect critical evidence, and fight for the full recovery your family is owed.
