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Workers injured in Oct. bucket truck fall in Williamsville to sue

On Oct. 1 of last year, two Town of Amherst workers were taking down a banner above Main Street in Williamsville. They were standing on the platform of an elevated platform truck on that ordinary Monday morning when the top of a semi-trailer struck the boom and both men were ejected and flung to the pavement 20 feet below.

Both men were seriously injured and were transported to Erie County Medical Center. They survived, but suffered multiple injuries, including broken bones, according to authorities.

The truck driver was accompanied by a woman and a child and was on his way back to Syracuse. Press reports do not indicate whether he was considered at fault in the accident,

One woman, whose second-floor office was eye-level with the men's work platform lifted her head to the sound of the semi-truck striking the platform truck and saw the fallen men below, just before emergency workers arrived. She was relieved to see one of them move his leg and arm.

The two men worked for the Town of Amherst's signal division. While compensation for injured workers employed by municipalities is somewhat different than the workers' compensation system for private employers, they likely received benefits through that program.

However, they have now filed third-party claims against the Village of Williamsville and the Town of Amherst for failing to provide a safe work environment.

In workers' compensation cases, there are many situations in which third parties -- parties other than the employer -- are partially responsible for the accident. In such cases, it is often possible to file third-party liability claims to hold parties such as subcontractors, vendors, municipalities and landowners to account for their negligence.

Not only does this allow injured workers to seek appropriate compensation, but it also allows society to hold financially responsible those whose negligence or wrongdoing causes injury to others.

Sources:

  • WIVB-TV, "Workers injured changing banner to sue," Luke Smith, Jan. 3, 2013
  • WIVB-TV, "Crash ejects workers from bucket truck," Emily Lenihan, Oct. 1, 2012

Our law firm helps injured people file workers' compensation claims along with third-party liability claims against those responsible for accidents and injuries. For more information, please see our website.

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