New York Personal Injury Lawyer Urges Investigation After Worker Death

A New York personal injury lawyer represents family members of individuals who were harmed or lost their lives as a result of injuries at work.  Every case is tragic, and all workplace injuries should prompt a detailed investigation of what went wrong and how to solve the problem for the future. Such an investigation is necessary to determine why a fatal industrial accident happened this September that led to the death of a New York worker.

The Occupational Safety and Health Administration (OSHA) is the federal agency in charge of overseeing workplace safety. Both federal and state OSHA officials can examine workplaces after accidents and deaths occur, and an investigation will be launched into the cause of the recent New York workplace fatality.

Worker killed in industrial accident in New York

The fatality occurred when a 56-year-old worker named Henry Campbell fell on a vat of solvent at Hartin Paint & Filler Corporation.  It is not clear why Campbell lost consciousness or how he fell on top of the solvent vat.

A co-worker, Kalifi Thomas, who was at the plant at the time attempted to rescue Campbell but was unable to do so when he too was overcome by the toxic fumes.  Thomas, fortunately, was able to escape serious injury although he did need to seek treatment from the hospital due to the toxic exposure. He has since been released.

OSHA will look for violations of workplace safety rules

Because the industrial accident resulted in the death of a worker, it was reported to OSHA.  Workplace injuries must be reported not only in cases where they are fatal, but also in situations when three or more workers end up hospitalized due to accidents on the job.

OSHA will be looking for violations of safety regulations that may have caused or contributed to the industrial accident and resulted in the workers death. OSHA has a number of provisions affecting exposure to potentially dangerous fumes in the workplace. For example, OSHA regulation standards 1926.55(a) indicate that “Exposure of employees to inhalation, ingestion, skin absorption or contact with any material or substance at a concentration above those specified… should be avoided.” New York also has a Right-to-Know Law (12 NYCRR Part 820) that guarantees access to information on hazards and toxins for employees within New York State.

Unfortunately, despite these protections, workers in New York and throughout the United States are still exposed to toxins on the job. The New York Department of Health indicates that a number of different dangerous chemicals and substances can affect human health, causing serious conditions including cancer, respiratory problems, and birth defects.  As this tragic accident shows, exposure to toxic fumes can also cause death.

Legal advice from a New York personal injury lawyer

If an employee dies because of toxic chemicals or fumes in the workplace, the OSHA investigation could lead to an employer being cited, fined and required to make changes.  The workers’ surviving family members could also become eligible to make a claim for workers’ compensation benefits or even to file a wrongful death lawsuit under certain circumstances when a non-employer caused or contributed to the death through wrongdoing or negligence.

An experienced personal injury lawyer at The Sanders Firm can help victims of on-the-job injuries caused by toxic exposure or other violations of OSHA. Call today or contact us online to learn how we can help.  1.800.FAIR.PLAY