On-the-job accidents in New York workplaces typically qualify for benefits through workers’ compensation. However, when serious work injuries occur because of negligence, workers’ comp may not be enough, and other responsible parties can — and should — be held accountable. In another state, for instance, a construction worker is suing a concrete corporation after he suffered a traumatic brain injury in the course of his work.
According to the lawsuit, the plaintiff was at work in his designated area, performing his job duties on Feb. 15, 2016. In the course of this work, he was on a walkway when an excavator’s counterweight swung, striking him in the side of the head, per reports. This alleged negligence on the part of the defendant resulted in a number of serious and permanent injuries.
The plaintiff’s traumatic brain injury has reportedly caused headaches and dizziness. He also suffered sprains or strains of both the lumbar and his left knee. Additionally, he suffered a number of neck problems, including cervical strain and pain that radiates down into his shoulders, even causing numbness in his left hand, as well as multi-level degenerative disc disease, cervical radiculopathy and more.
The list of allegations against the defendant is extensive and includes but is not limited to failure to provide the man with a safe work environment and failure to properly supervise or inspect the construction site for hazardous conditions. The plaintiff is seeking damages to exceed $50,000. In similar cases of work injuries in New York, recovered compensation in successfully litigated personal injury lawsuits often goes toward past, present and future medical bills in addition to the injured victims’ pain and suffering.
Source: pennrecord.com, “Lawsuit results from construction laborer’s alleged accident and traumatic brain injury”, Nicholas Malfitano, Jan. 31, 2018