Jay Gervasi, P.A. Attorney at Law
Get the help you need today 336-790-0157

Landfill accident's initial ruling thrown out

At the ripe young age of 24, most think they are invincible and look at life and the future as full of endless possibility. For one young North Carolina man, those possibilities ended when he was involved in an accident at a landfill where he was working as a temporary employee back in 2010.

Since the accident that took the young man's life, his mother has filed a workers' compensation claim with the NC Industrial Commission, collected entitled benefits, and filed a lawsuit against the county for wrongful death and negligence. Her son died after being hit and killed by a trash compactor on the grounds of the landfill where he worked. While it was previously thought that the claims might be dismissed due to the workers' compensation received and employer immunity do to the man's temporary status, the NC Court of Appeals reversed the trial court's dismissal on New Year's Eve.

Initially, the mother and her attorney thought that the county would be immune due to government immunity. However, because the county landfill makes millions of dollars every year, that was not the case. If the mother now wins the case, she will be required to return the roughly $50,000 she received in workers' compensation which would be deducted from whatever settlement she receives. Due to North Carolina law, the amount of the settlement will not be allowed to be disclosed, but sources feel that since it involves the death of such a young man, the amount will be of considerable size.

Workplace accidents are a horrible reality of industrial work environments. If you find yourself a victim of an industrial workplace accident, please contact an attorney practiced in the area of workers' compensation law. As your advocate, they will be able to assist you in recovering monies available to your circumstances.

Source: shelbystar.com, "Landfill death ruling reversed," Jessica Pickens, Jan. 15, 2013

No Comments

Leave a comment
Comment Information
Email Us For A Response

Contact The Firm

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Office Building image

Office Location:
910 North Elm Street
Greensboro, NC 27401

Toll Free: 866-792-9182
Phone: 336-790-0157
Fax: 336-574-2541
Greensboro Law Office Map