County worker plans on lawsuit over injury

By Sarah Gantz / The Citizen

Wednesday, August 12, 2009 11:33 PM EDT

A Cayuga County Highway Department worker has filed paperwork to sue the county for a work-related injury he says has left him unable to work since June.
James Emery, of Union Springs, a 46-year employee of the highway department, is seeking compensation for injuries he sustained to his tailbone, head and elbow while loading machinery at the highway department, according to a claim filed with the county.

Emery was helping to load a dump truck onto a trailer when he fell at least 7 feet from the dump truck, where he had been working to cover an exhaust pipe, and hit his tailbone, head and elbow on the pavement, according to his employee claim form.

He has been out of work since the accident occurred June 22.

“Like any employee hurt on the job, he's eligible for workers' comp benefits,” which include medical payments and lost wages, Cayuga County Manager Wayne Allen said.

Allen said he was not familiar enough with Emery's case to comment on it specifically. County attorney Fred Westphal could not be reached for comment.

Emery filed paperwork through his lawyer, Edward E. Kopko, of Ithaca-based Wiggins & Kopko, LLP, Aug. 7. The claim did not say how much money Emery would seek from the county.

According to the claim, Emery's hardships include permanent injuries, “pain and suffering, both mental and physical.” Details regarding the severity and nature of Emery's injuries were not clear in the report.

Neither Emery nor Kopko returned calls seeking comment.

In addition to seeking compensation for lost wages and medical bills, the claim accuses the county of noncompliance with labor laws that insure worker safety, which in Emery's case would have been a ladder, scaffolding or other devices that would have provided secure footing while he climbed.

Highway Superintendent George Wethey did not return a call for comment.

The county must be more cognizant of problems with workers' compensation and benefits programs, as well as work environments, said George Farenthold, president of the Cayuga County Labor Council.

“We don't take care of our workers,” Farenthold said. “It's time we did a better job, whether maintaining equipment people work with every day or coming into the 21st century in terms of workers benefits.”

Staff writer Sarah Gantz can be reached at 253-5311 ext. 237 or sarah.gantz@lee.net

The Citizens' Say

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There are 7 comment(s)

Vulture wrote on Aug 13, 2009 2:11 PM:

" Every worker should be aware of what they are doing and the possible dangers. If a worker thinks that dwhat he jor she is going jto do is dasngerous they should say something to superiors, or make the the job safe them self, not reley on someone else to take care of it for them. "

concerned in Weedsport wrote on Aug 13, 2009 1:53 PM:

" all of you people are ridiculous with your comments. There is way more information about the incident then was said. Jim climbing the truck was common practice.(per his BOSSES request) Why didnt he have a spotter with him? "

auburn~sucks wrote on Aug 13, 2009 1:27 PM:

" put a bandage on and head back to work like a big boy should "

mark wrote on Aug 13, 2009 9:44 AM:

" Man up dude. "

interesting wrote on Aug 13, 2009 9:30 AM:

" I don't think he should be compensated by anything other than Worker's Comp. If he thought something was unsafe, he should have refused to climb up there until his employer made it safe. I feel that if you know something is unsafe, yet you go ahead and do it anyways, you are the one at fault as you made the decision to do it anyways. So many people are looking for an easy way to make a buck for nothing. It is really sad that people can't work to earn a living and need to rely on suing others to make it in life. "

stick wrote on Aug 13, 2009 8:06 AM:

" Why is he suing for lost wages & medical. I'm sorry he got hurt but maybe he should have been more careful. Workers compensation pays for them. I do know that if he gets a settlement he might have to pay workers compensation back, Again people want something for nothing. "

rmg13021 wrote on Aug 13, 2009 7:57 AM:

" Should he be compensated for being clumsy? The courts a clogged with claims like this. He climbed up there and put himself in a dangerous situation. "

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