Employee in serious condition following western New York accident
A worker at an asphalt plant was injured in an explosion in western New York, reported The Wall Street Journal (8.16.13).
Thomas Treadway, 53, was in the process of shutting down the asphalt plant when an explosion occurred in the conveyor belt. He was listed in serious condition after suffering serious burns to his upper body. The Wall Street Journal also reported that significant damage was caused to the facility.
The Gernatt Asphalt Products plant in located in Delevan, New York, 35 miles southeast of Buffalo.
Regardless of the cause of the accident, in New York injured employees may receive payment from workers’ compensation as long as the injury, illness and-or disability was related to work.
New York Workers’ Comp laws benefit employees injured at work
According to the Workers’ Compensation Law in New York State, employees in most instances can collect compensation for injuries, illness or disabilities that are work-related. However, they do not have the right to sue their employers for negligence
A person may seek additional compensation by bringing a lawsuit against one or more third parties who contributed to causing the injury. The third party may be a product manufacturer, landowner or other individual or entity separate from the worker’s employer. In New York, special laws offer additional protection to certain employees such as workers at a construction site.
If an employee suffers a serious injury on-the-job, it is advisable to talk to a lawyer.
Third-party lawsuits and workers’ compensation lawyers
If it is determined that a third-party negligently caused a worker’s injuries, workers’ compensation lawyers at The Perecman Firm will fight to get the maximum compensation for lost wages, medical expenses, pain and suffering, and other damages.
To receive workers’ compensation benefits, the law says that an employee must prove that the injury, illness or disability arose out of and in the course of employment, and the worker gave adequate notice to the employer.