North Carolina residents likely remember the State Fair ride called The Vortex that injured five people recently. There was an article posted about the incident on this blog, which detailed the ways the ride operator might be eligible for workers’ compensation.
This week, the North Carolina State Fair was host to another misfortune, and once again The Vortex was involved. This was not the same version of The Vortex that injured those five people, but it did nonetheless facilitate more injury at the State Fair. While it was being dismantled, a piece of the ride fell onto a worker, leaving the employee with a leg injury. The incident is currently under investigation.
With this kind of accident, a number of factors help determine the compensation that may be obtained. State laws and OSHA requirements come into play in these cases, and the nature of the injury and the possible fault of the manufacturer should also be considered. If it can be proved that the piece of equipment the employee was working on malfunctioned, thereby making the manufacturer at fault, the worker may want to consider filing a lawsuit against the manufacturer.
Regardless of fault, workers’ compensation should still be pursued in these cases. Workers’ compensation is designed to protect employees against the medical expenses they would otherwise have to suffer after an accident on the job. By the nature of its design, workers’ comp is fairly straightforward, but it is still advisable to consult a legal professional to ensure that every right is covered, and every amount owed is paid. Liability insurance and other costs may come into play, which makes it important to consult with an attorney with expertise in workers’ compensation.
Source: Star Tribune, “Worker injured while taking apart ride at North Carolina State Fair,” Oct. 28, 2013