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Horrific Construction-Site Accident Leads to Over $1 Million for Victim

For most people, $1,141,734 seems like an unimaginable amount of money. Unfortunately, construction worker Jose Rivera didn't win the lottery - far from it, in fact.

Rivera fell 30 feet through an open elevator shaft, fracturing his spine, ribs, and shoulder. So far he has undergone two surgeries, with the potential for more down the road.

At first glance, some may think that it's ridiculous that a man was awarded such a large sum for his own carelessness or clumsiness. However, a closer look reveals that Rivera's nearly fatal fall was due to a third party's failure to do their job - not the fault of a man who was diligently going about his own work.

Dravins Development Group, Inc. was deemed responsible for providing notice to construction-site workers about the open elevator shaft, and was also supposed to use a barricade, or some other preventative method, to avoid potential falls. Since they failed to provide adequate notice and follow the proper safety protocol, Rivera suffered a devastating fall and will likely have to deal with painful, crippling injuries for the rest of his life.

Third-Party Claims for Injured Workers

Under New York law, an injured worker in Rivera's position could recover money for his injuries through the state's workers' compensation benefits. Additionally, the construction worker could also sue any responsible party, outside of his own employer, in what is known as a third-party claim.

Third-party claims allow injured workers to hold parties such as general contractors, subcontractors and equipment manufacturers liable when their actions create, or contribute to, a work injury.

The third-party claim is an important tool for seriously injured workers to recover additional money when they are the unfortunate victim of another party's negligence. Although no amount of money can replace the loss of one's physical well-being, it can help to provide financial security for the injured victim.

Source: PR Newswire

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