Two MTA workers were working on the tracks as flagman around 12:15am when they were struck by a southbound G train as it rounded a corner by East 3rd Street and Canton Avenue. According to CBS New York, the two were acting as flagman in preparation for construction by an outside contractor. Both of the men hit by the train were experienced MTA employees and, according to reports, were where they were supposed to be. Louis Gray, a 53 year-old man with 15 years of MTA experience was taken to Maimonides Hospital where he was pronounced dead. His co-worker, 49-year-old Jeffery Fleming, has worked for the MTA for 17 years. He is expected to survive despite his serious injuries. The cause of this accident remains under investigation and a team from the National Transportation Safety Board is on its way to New York City to investigate this tragic accident. It is unclear as to why the men were working on active subway tracks still being utilized by subway trains.
A primary concern in this matter is whether the workers and their families will be legally able to recover damages in a lawsuit or whether they will be barred by the New York Workers Compensation laws. If you are injured in an accident at work or contract an occupational disease, you should be eligible for workers’ compensation. If your employer does not have workers’ compensation insurance, it is required to be self-insured. Regardless, a work-related injury should be covered.
At Queller, Fisher, Washor, Fuchs & Kool, L.L.P., we represent injured workers and their families in third-party negligence and wrongful death claims. We can also discuss your workers’ compensation claim.