A federal employee while working “fell from the top of a pile of timbers located on a flat car.” As a result, the employee died, and his estate sued under the Federal Employees Liability Act to collect for his wrongful death, as reported by the New York Law Journal in a  June 25, 2013 news article.

The estate claimed that the former employee died due to his employer’s recklessness or “negligence” because the  employer failed to ensure that the worker was provided with a safe working environment. Moreover, the estate was able to introduce evidence showing that the employer was the one who created the hazardous working environment and that the employer knew that the timbers were oily.

The employer moved for summary judgment; however, the court did not grant it because there are issues that need to be decide. The issues that remain are: whether the employer was  responsible for the oily condition, whether the employer failed to provide a safe condition for its worker, and whether the employer was aware of the hazardous oil condition. Once these issues are decided the court will decide if the estate will receive compensation for the wrongful death.

We at Jayson Lutzky, P.C. can provide you with the information you need if you have been injured, and how this will affect an accident claim. If you have been injured due to someone else’s behavior and you are in need of legal advice, then please feel free to call us at 1-800-660-5299 for a free initial  in office consultation or visit our website at www.MyNewYorkCityLawyer.com.