Posted On: March 6, 2009 by Pennsylvania Personal Injury Attorney

Worker On-the-Job Killed By Excavating Machine

Juan Rivera, a 58-year-old Passaic man, was killed when he was run over by an excavating machine on a construction job in Holmdel, NJ. According to the Associated Press on Philly.com, the construction accident occurred shortly before 3 p.m. Monday. It happened in the back yard of a house that was being rebuilt after a fire.

Rivera was pronounced dead at the scene.

The article stated that the victim was working with another employee of a Franklin Lakes landscaping company that was installing a septic system and grading the yard. Rivera may have walked behind the 11-ton machine as the other man was backing it up.

The family of the victim is entitled to receive workers’ compensation benefits through the workers’ employer, Franklin Lakes. The family may also want to file a “third-party” claim for this tragic construction accident. A claim may be filed against negligent parties other than the worker’s employer. It could, for example, be the manufacturer of a defective product that caused an injury or death or it could be another contractor or sub contractor.

Any worker who has sustained an injury arising out of and in the course of their employment has a potential workers’ compensation claim in Pennsylvania. The injury can occur while traveling on business, doing a work-related errand, attending a required business-related social function, or even while on a break or using restroom facilities and you are still legally covered by workers compensation.

By law, it is required that every company in Pennsylvania carry Worker’s Compensation Insurance in the case an employee is injured on the job, becomes ill due to circumstances surrounding their job or even if death results from their job. Any worker who has sustained an injury arising out of and in the course of their employment has a potential workers’ compensation claim.

The dedicated and experienced PA work injury lawyers of Cherry, Fieger & Marciano will do everything possible to get the monetary compensation that is owed to you to help pay for medical bills, physical therapy, loss of work, and more.