Just a few months after a man was killed by a front-end loader in Oswego, NY while working at a scrap metal yard, another worker died at a different scrap metal yard in the same town.
Worker Crushed By A Tractor Trailer
The victim in this accident was hired to drive a truck and collect scrap metal. When he returned to the yard, he parked next to another truck that was being unloaded. The unloading process consisted of the trailer being lifted into the air and the contents being dumped.
While the trailer was in the air, it flipped over and landed on top of the victim’s truck while he was still sitting in the cab. It crushed the cab and the men inside, trapping him. Police, firefighters, and emergency responders all came to the scene and were able to cut him out but he had passed away by the time that he reached the hospital.
The scrap yard where the accident took place is the sister company of the of the scrap yard where the front-end loader accident in July took place.
Workers’ Comp Claims Are Common Among Scrap Workers
Anyone who visits a scrap yard could almost immediately point out at least a handful of things that could potentially be dangerous to work around, such as:
Given these two most recent accidents, it goes without saying that working with heavy machinery puts workers at risk. All it takes is one small defective part, a moment of inattention, or poor training for someone to lose their life.
Slips & Falls
By its very definition, a scrap yard is full of scrap. This means that there are random hunks of metal or whatever product is being collected all over. It’s extremely easy to trip and land not just on hard ground but also on sharp objects.
Many scrap yards melt down their products in large furnaces. But if the furnaces aren’t kept clean and or properly maintained, explosions happen.
Accidents don’t just happen while the trucks are being unloaded, they also occur while the driver is on the road.
Loading and unloading scrap is very physically demanding. One strange twist or motion and permanent damage can be done to the spine, hips, joints, or muscles.
The medical treatments that are necessary for an injured worker can be quite expensive and should be covered by workers’ compensation.
Workers’ Compensation Can Be Denied
Despite the fact that workers’ compensation is supposed to be no-fault, meaning that even if a worker’s actions contributed to their accident they should be covered, there are ways that a claim can be denied. Mistakes made on a claim form, medical records that aren’t clear, forms that aren’t filled out in a specific period of time, and employers who have decided to contest claims are all reasons why a claim may be denied
The best way to make sure a denial doesn’t occur is to work with a workers’ compensation attorney immediately after the accident.
What Happens If A Claim Is Denied?
An appeal can be made but this is when it is highly important to contact an attorney. There is a very short period of time during which an appeal can be made and there will be even more paperwork. There is a backlog of appeals and this process will be time-consuming.
While working on the appeals process, an attorney may also be able to identify other methods of compensation that may help the worker get what they need.
Social Security Disability
For workers who sustain serious injuries that prevent them from returning to work, Social Security can provide payments to help pay for everyday bills.
Personal Injury Lawsuits
If the negligence of another party contributed to the accident, it may be possible to file a personal injury lawsuit against them in order to obtain additional compensation. This can be filed at the same time as a workers’ comp claim or Social Security Disability claim.