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Man Dies from Blow to the Head in New York Workplace Accident

The fatal accident involved an excavator

A man died from a blow to the head in an industrial accident at a worksite in Lowville, New York, according to NBC-WKTV News Channel 2 (8.6.13).

Willard J. Moser, 55, was struck by an excavator tooth which had become lodged in a crusher. Moser was looking over the crusher when the dislodged excavator tooth was thrown from the machine and hit him.

Moser was pronounced dead at the scene.

Workers’ Comp death benefits for workers with families

The article said Moser died in an “industrial accident at a business” so chances are benefits will be available for his surviving family members. Under New York workers’ compensation laws, dependents of a worker who was killed because of a work-related accident or illness, may receive weekly cash benefits or a negotiated lump sum award. New York workers’ comp laws are designed to provide an economic safety net to certain surviving dependents and loved ones of employees who suffered a work-related death.

In New York State, deaths directly connected to a worksite cannot be disputed if the person was on duty at the time of the accident.

Workplace deaths and third-party lawsuits

A personal injury lawyer at The Perecman Firm can help families and loved ones of the deceased worker explore the possibility of a wrongful death lawsuit against a property owner, equipment manufacturer, repair company, or other third party. This lawsuit would be in addition to pursuing a workers’ comp claim with the worker’s employer. If faulty equipment was found to be partially responsible for this accident, the family could rightfully seek financial compensation in an independent lawsuit against the responsible third-party or parties. Third-party lawsuits are common in workplace deaths.


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