A worker suffered fatal injuries at the construction site of the soon-to-open American Dream mega-mall in East Rutherford when he collided with a parked flatbed trailer while operating a Bobcat.
New Jersey State Police said the worker, Eric Papenfuhs, was operating a Bobcat utility vehicle on a parking deck of American Dream mall when the fatal construction site accident occurred on Wednesday, Oct. 9, according to a CBS2 news report.
The 37-year-old worker from Hampton, NJ in Hunterdon County was taken to Hackensack University Medical Center, where he was pronounced dead.
The Department of Labor’s Occupational Safety and Health Administration is investigating the cause of the fatal workplace accident. Papenfuhs was employed by Sentinel Systems, LLC. No report as been released by OSHA as of the date of this publication.
Since Papenfuhs was fatally injured while performing his job, his dependents may be eligible to receive death benefits through his employer’s workers’ compensation insurance including weekly benefits based on a percentage of his wages as well as money for funeral expenses. Workers’ compensation death benefits are paid regardless of who caused a workplace accident.
A fatally injured worker’s dependents also may have a right to file a wrongful death lawsuit in certain situations, depending on the facts of the fatal construction site accident that happened at a shopping mall. Worker’s Compensation claims allow an employee who suffered an on the job injury the right to medical care, salary continuation and compensation for permanent injuries regardless of how an accident happened or who caused the accident, even if the injury was caused by the injured worker. The trade-off is that the awards are regulated. However, if the accident was caused by someone other than the worker’s employer, the injured worker can sue that person, who is referred to as a “third party.” A third-party liability lawsuit may be inappropriate if negligence on the part of someone other than the workers’ employer caused the fatal accident at the American Dream construction site. While no amount of compensation will replace a lost loved one, an insurance settlement can provide financial security and stability after a devastating accident.
An experienced and compassionate workplace injury attorney at Davis, Saperstein & Salomon, P.C. can review the details of the workplace accident and help determine fault in the accident. We can discuss the legal options of the family of the deceased worker during a free, no-obligation consultation. Established in 1981, our law firm has the resources to conduct a detailed investigation of a shopping mall accident and identify the parties that should be held liable.
Davis, Saperstein & Salomon is a reputable law firm throughout New Jersey employing more than 28 injury lawyers, many of whom are Certified by the Supreme Court of New Jersey as Civil Trial Attorneys. Several of the attorneys at Davis, Saperstein & Salomon P.C. are experts in workers compensation claims. As a result of our thorough investigation and preparation of cases, we are successful in resolving most claims through a negotiated settlement without a trial. It is important to consult with a knowledgeable lawyer before accepting any offer or signing anything presented by an insurance company.
Our dedicated New Jersey attorneys have represented 30,000 clients over the years and secured $500 million in verdicts and settlements for people throughout New Jersey and New York. We are understandably proud of the assistance we have provided people struggling to deal with devastating losses.
Our law firm handles construction site wrongful death cases on a contingency fee basis. A contingency arrangement means that our clients do not pay any lawyer’s fee unless we obtain a settlement or court award. If we secure a settlement or jury award, we receive a portion of the amount to cover our fee and expenses.