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Fatal work injury may lead to third-party lawsuit

Most workers in New York are covered by the state-regulated workers' compensation insurance system. Any victim of a work injury is entitled to pursue a claim for compensation, but what happens if an employee suffered an injury while he or she was not on site? If the injury occurred in the line of duty, it is compensable.

A Williamsburg man recently suffered fatal injuries while he was out delivering plumbing supplies to a construction site. A police report indicates that the incident occurred shortly after 11 a.m. on a recent Thursday at a construction site in Williamsburg. Reportedly, a 21-year-old man parked his car on the street near the building site. As he exited his vehicle, a passing tractor-trailer struck him, dragging him for a significant distance.

Two construction workers who saw the accident reported that emergency workers arrived to find the injured victim still conscious but bleeding from his mouth and arm. An ambulance rushed him to a hospital where he succumbed to his injuries. The general contractor said the man was not an employee of any of the contractors on site.

Although the surviving family members of this man may be entitled to pursue financial relief through the workers' compensation insurance system, the process is often challenging. They may benefit from retaining the services of an experienced New York workers' compensation attorney. Apart from workers' comp death benefit claims, they are likely entitled to file a third-party claim against the driver of the big rig who allegedly caused the fatal work injury, along with the vehicle owner and employer of the driver. Along with the financial losses related to end-of-life expenses and lost income, the plaintiffs may seek recovery of emotional damages such as loss of companionship because this will be a civil lawsuit.

Source:, "Man Dies After Being Dragged Under Truck in Williamsburg, Officials Say", Gwynne Hogan, Kathleen Culliton, Dec. 1, 2016

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