Concrete Worker Employed By Nicolla Ready Mix Identified As Ovidio Castro of Westbury Died In Island Park Car Accident At Parking Lot Along Long Beach Road
NASSAU COUNTY, NEW YORK (September 13, 2021) – An employee of Nicolla Ready Mix identified as Ovidio Castro has tragically died after being hit by a vehicle in a parking lot in Island Park, NY.
Nassau County police officials are saying that the accident took place on Saturday. The Nicolla Ready Mix employee was struck while working in the parking lot.
Authorities did not identify the type of vehicle involved in the accident. However, a google street view of Nicolla Ready Mix shows numerous semi-trucks, concrete mixers, tractors and vans in the parking lot.
Firefighters and paramedics were called to the scene of the collision in order to help the worker. Ovidio Castro was taken to the hospital but pronounced dead around 7:30 a.m. on Saturday.
A full investigation into the crash that killed Ovidio Castro remains ongoing at this time.
Liability In Island Park Car Accidents
Parking lots can be particularly dangerous for workers and pedestrians more generally. According to one report from CBS News, nearly 20% of all that car accidents that occur take place in parking lots. Parking lots often lack clearly demarcated pedestrian walkways and traffic signals to regulate vehicles. In the absence of posted speed limits, the National Motorists Association recommends staying under 15 mph in parking lots. There are a number of steps that pedestrians can take to avoid accidents in parking lots including:
- Avoiding distractions while walking
- Looking both ways before crossing any roadway
- Paying attention to the sounds of vehicles turning on
When a worker is injured in New York they or their family are protected by a number of laws. All businesses in New York state must have a worker’s compensation policy for all of their employees. Workers compensation in New York is a no-fault system that allows workers or their families to recover some of the damages sustained when a worker is injured or killed on the job. Benefits covered under the workers compensation system in New York can help cover:
- Medical bills for all medical expenses related to an accident
- Lost wage benefits for employees who are out of work
- Compensation for employees who sustain a loss of function or permanent disability
- Survivor benefits when a worker is killed on the job
In most situations workers are barred by statute from bringing claims against their employers – with noteworthy exceptions under New York Labor Law 200, New York Labor Law 240 and New York Labor Law 241(6). Depending on the facts of any case the family of a worker that died on the job may be able to pursue a third party liability claim. A third party liability claim may be possible when an entity separate from a worker’s employer is responsible for an accident. Examples of third party liability in a worksite could include:
- The driver of a motor vehicle that hits an employee
- The manufacturer of a piece of machinery used by an employee
- The owner of a property left in a dangerous condition
It is crucial that evidence is properly preserved and protected after an accident. The family of a deceased worker may be able to seek support through a wrongful death claim. Potential beneficiaries in a civil claim will typically include a victim’s next of kin. However, such claims must be pursued within the statute of limitations. A wrongful death attorney can examine all of the unique facts of your case and let you know what your legal options are.
Investigating An Island Park Car Accident
We at Gersowitz Libo & Korek, P.C. extend our deepest condolences to the family of the Nicolla Ready Mix employee Ovidio Castro who died in this accident. Any person that may have information about what happened should reach out to OSHA. It is our sincere hope that steps are taken to prevent additional incidents like this.
This fatal accident raises a number of safety questions. How did the accident take place? Were the right safety precautions being followed? Could this incident have been prevented? Worker safety should always be the number one priority for any employer. But in far too many instances this is not the case.