New York workers’ compensation lawyers assess on-the-job fatality
A teenager working at a private recycling plant in Brooklyn died March 16 after being crushed by a trash compactor.
According to the New York Post, Luis Camarillo, 18, was struck in the chest by a truck’s compactor and then crushed by the truck’s hydraulics system. The compactor had descended on him while he was working in the back of the truck.
The teen was taken to Long Island College Hospital where he was pronounced dead.
The Occupational Safety and Health Administration is investigating the accident. Compliance officers specifically want to know if any health and safety standards were violated.
Since Camarillo was killed on the job, his family may be able to recover monetary compensation under workers’ compensation provisions.
Workers’ comp and wrongful death claims for fatal workplace accidents
No amount of money can replace the loss of a loved one. However, the money a family may recover can help lessen the financial burden of expenses like funeral costs.
In addition to New York State workers’ compensation death benefits, families may also receive damages for the New York wrongful death accident victim’s wage loss. For a family to receive wrongful death compensation, the fatal injuries must have been caused by the negligence of someone else. The amount of monetary damages that may be awarded is unlimited.
Survival damages are based on the damages someone would have likely incurred had they survived the wrongful death accident. Families may be compensated for mental anguish, pain and suffering, and loss of companionship.
Who is covered by New York workers’ compensation death benefits?
Regardless of whether Camarillo was a full-time or part-time employee, he was covered by workers’ compensation. According to the law, virtually all New York State employers must provide workers’ compensation coverage for their employees when work is conducted for-profit. Part-time employees, leased employees, borrowed employees, family members and volunteers working for a for-profit business should all be covered under the Workers’ Compensation Law.
To learn more about the rights of New York families after a work-related fatality, contact one of our New York workers’ compensation lawyers.