Personal injury lawyer David Perecman, founder of The Perecman Firm, calls for a comprehensive investigation after an industrial accident in Carlstadt, New Jersey. A worker who was overcome by fumes fell on a vat of solvent at Hartin Paint & Filler Corporation and died, reported FOX News (9.12.13).
Kalifi Thomas, a co-worker at the paint plant, tried to pull Henry Campbell, 56, off the vat, but he, too, was was overcome by fumes. Campbell died. Thomas lived and was treated and released from the hospital, FOX said.
It is still unknown why Campbell lost consciousness or how he ended up on top of the vat, reported FOX News.
Workplace accidents like this typically trigger a federal investigation by the Occupational Safety and Health Administration (OSHA). According to the administration’s rules, any work-related fatality or accident that results in the hospitalization of three or more workers must be reported to OSHA within eight hours.
Following the completed investigation, family members or beneficiaries of the person who died, Campbell, could potentially pursue a wrongful death suit against the entity considered to be at fault for the accident. The injured worker, Thomas, could potentially pursue a personal injury lawsuit, seeking compensation for medical expenses and lost wages.
Wrongful death lawsuits or claims are generally filed to obtain monetary damages to cover the earnings the deceased person would have provided, as well as other damages.
“Negligence is often a factor contributing to fatal workplace accidents,” said New York personal injury lawyer Perecman. “The unfortunate accident demands an investigation conducted, at the very least, so we can learn from it and not let the mistake be repeated. Let it be said that almost all industrial accidents involve some sort of human error.”
The FOX News article cited is “Worker falls into paint vat and dies.”
About David Perecman and The Perecman Firm, PLLC:
For the past 30 years, the New York construction accident, medical malpractice, auto accident, personal injury, and civil rights violation lawyers at The Perecman Firm, PLLC have handled all types of New York personal injury cases, including slip and fall accidents. David Perecman, founder of the Firm, has been recognized for his achievements as an Honoree in the National Law Journal’s Hall of Fame, in New York Magazine’s “The Best Lawyers in America” and The New York Times Magazine “New York Super Lawyers, Metro Edition” for the years 2007-2010. The prestigious U.S. News & World Report ranks The Perecman Firm among the top 20 personal injury firms in New York City for 2011-2012 and 2012-2013.
The Firm has recovered millions of dollars for its clients. Among the more recent victories, Mr. Perecman won a $15 million verdict** for a construction accident (Index 112370/03) Supreme Court, New York County, a $5.35 million dollar verdict*** for an automobile accident (Index 2749/04) Supreme Court, Kings County, and a $40 million dollar structured settlement for medical malpractice (Index 2146/03)****Supreme Court, Kings County.
The Perecman Firm serves Manhattan, Bronx, Brooklyn, Queens, Staten Island, Long Island, Westchester, Upstate NY, Morris County, and Rockland County.
**later settled while on appeal for $7.940 million
*** later settled for $3.5 million
**** total potential payout
“Prior results do not guarantee a similar outcome.”