*Click for COVID-19 NOTICE*

Wrongful Death Suit Filed After Philadelphia Construction Accident

A Philadelphia father of four died last year from injuries he sustained during a fall at work. The man’s widow has filed a wrongful death claim against her husband’s employer and several other parties connected to the construction site accident. Defendants include the manufacturer and retailer of a reciprocating saw that allegedly fell apart in the victim’s hands as he was working and contributed to the fall.

The complaint says a contracting company failed to ensure the framing worker’s safety on a construction site, an apparent pattern of worker negligence for which the contractor had been cited several times by federal safety regulators. The worker was also not provided with any safety devices like belts, harnesses, nets or guardrails the day the accident occurred.

The fall took place as the worker was operating a reciprocating saw. The saw reportedly malfunctioned and fell apart, unbalancing the employee and causing him to fall 11 feet. The worker sustained catastrophic neck, head and spinal injuries when his head struck concrete blocks. The man survived for a short time, underwent surgery and died after a cardiac arrest episode in February 2011.

The suit names a construction firm and its framing contractor, the deceased man’s employer, as defendants. Also accused of negligently contributing to the fatal accident are the construction site property owners, the reciprocating saw maker and the owners of the pawn shop where the saw was purchased.

A survival action claim was filed alongside the wrongful death complaint. The separate claim alleges the construction worker experienced severe damages between the occurrence of the accident and his death, which may include medical and wage loss damages along with pain and suffering. Punitive damages are also being sought above a minimum $50,000 judgment.

Apathy toward workers’ safety can result in employers’ citations and fines. Some employers continue to ignore safety regulations until court actions holds them accountable.

Source: Pennsylvania Record, “Widow of deceased construction worker files wrongful death claim in Pa. court,” Jon Campisi, Aug. 20, 2012