In January 2011, an employee at Tortilleria Chinantla was killed when he was pulled into a dough-mixing machine. The 22-year-old victim was survived by a girlfriend and daughter, but they were sadly informed that they wouldn’t receive any workers’ compensation death benefits.
The factory owner had failed to keep current on his workers’ compensation insurance policies, a felony violation under New York law. His negligence caused devastating financial consequences for a young family in mourning – money should have been the last thing it had to worry about.
The business owner recently received a 90-day sentence that will be served at Rikers. The man was also fined $62,000 for failing to have a safety guard on the mixing machine; a device that presumably would have saved the victim’s life.
In an instance like this, where the employer failed to carry workers’ comp insurance, the surviving family’s rights may include the ability to bring a wrongful death lawsuit. A reputable New York City wrongful death lawyer will generally offer a free consultation to families weighing their options following a loved one’s death caused by negligence.
Source: Gothamist.com, “Brooklyn Tortilla Factory Owner Sentenced To Jail, Fines For Fatal Accident,” Nell Casey, July 9, 2013
