Last Updated: 7/13/2020
The deadly accident took place on the morning of Tuesday, October 29th on the roof of an old building located at 7692 Main St.
It appears Torchia and another worker were setting a large piece of metal roofing when it was caught in the wind, resulting in the victim being pushed off the roof. Unfortunately, no safety harnesses were being used at the time of the incident.
Oneida County Fire and Police units responded to the emergency but eventually pronounced the man dead at the site. The NY State Department of Labor is currently investigating, as is the Occupational Health and Safety Administration.
A contributor to Legal Herald and experienced attorney at BanvilleLaw.com, Laurence Banville has spent years fighting for the rights of workers injured or killed on construction sites. He offered the following insight for those who may find themselves in a similar situation:
“Most construction workers are probably aware of the fact that if they suffer any kind of injury, they can file a worker’s compensation claim and receive a financial reward which is intended to cover the medical costs of their injury, as well as loss of income in some cases.
Fewer are aware of the fact that filing one of these claims without the help of an expert can prove counterproductive. For example, if the claim is filed improperly, then it may be denied. In other cases, a victim may receive compensation that is less than they truly need to cover their past and ongoing medical bills.
Yet, when workers are killed in a construction accident, they no longer have the possibility of filing a worker’s comp claim. In these cases, the family or dependents of the deceased can pursue justice on their behalf.
OSHA works hard to implement regulations that ensure the safety of all persons on a construction site. Unfortunately, when these safety standards are not followed, workers often get injured or even killed.
If a worker is killed on a construction site because safety regulations were not being followed, then the loved ones of that victim have the right to pursue a construction death lawsuit. Similar to the worker’s comp claim, the lawsuit can be instrumental in helping the family or dependents of the victim in receiving compensation that can cover medical expenses, as well as provide benefits as a result of lost potential income and loss of companionship, among others.
Those who may have lost a family member in a construction accident should contact an experienced construction injury attorney who will discuss all of the legal options available to them, allowing those most affected to make an informed decision that is sure to impact their future.”