A construction worker in Los Angeles suffered fatal injuries on the job after he fell off a wooden plank, into a hole and was buried under dirt from a collapsed trench. According to a news report in The Daily Breeze, the fatal construction accident occurred the morning of March 10, 2010. The worker was standing on top of a plank and attempting to work with a tool similar to a jackhammer when the vibration caused him to lose his balance and fall head first into the excavated trench.
Officials said that as the worker fell, the trench collapsed on top of him and he asphyxiated to death. The contractor or construction company apparently did not have a permit to excavate the site. It took rescue workers about five hours to remove the worker's body from the site because of the dangerous conditions involving unstable soil. The California Occupational Safety and Health Administration has halted operations at the site and is investigating the incident. Officials say they expect to issue several citations.
I offer my deepest condolences to everyone who knew and loved this worker. This must be a tragic and heartbreaking loss from them. This worker's family will be in my prayers.
Trench Accident Statistics
Trench accidents and cave-ins cause catastrophic injuries and very often, death, as it did in this case. Between 2001 and 2005, 26 Californians have been killed in trench collapse injuries and 207 were injured in such incidents, according to CAL-OSHA’s Web site. The most common cause of such accidents is failure on the part of the contractor to properly shore up the trench, CAL-OSHA officials say.
OSHA Safety Standards
Every time a worker enters an excavation 5 feet or deeper, companies need to obtain a permit for the Department of Occupational Safety and Health (DOSH). Contractors must also conduct inspections every day, of the safety systems in place and pay constant attention to soil stability and weather patterns. In this particular trench cave-in, it appears that the contractor ignored most of these mandatory safety standards.
Claim for Compensation
This deceased worker's family would be well-advised to consult a reputed Los Angeles personal injury lawyer who will stay on top of the official investigation and protect their legal rights. In such cases, victims' families may be able to file what is known as a "third party claim," which is usually brought against a party other than the employer, such as a contractor or a sub-contractor. Such claims are usually worth a lot more than California workers compensation benefits that injured workers and their families are generally entitled to, in an on-the-job accident.
The BISNAR|CHASE personal injury law firm is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well.
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