A worker suffered fatal injuries on the job the morning of March 10, 2010 after he fell head first into an excavated hole at a Hermosa Beach construction site, which then collapsed around him. The Daily Breeze reports that the contractor is likely to face several citations because they did not even have a permit to excavate that site. The worker was apparently standing on a plywood platform that was seated on the raised fork of a Caterpillar forklift, at a height of about 15 feet above the bottom of the hole. The worker had been using a hand-held tool to push down a steel pile when the vibration from the tool caused him to fall into the narrow hole.
The worker asphyxiated to death as a large amount soil located next to the excavated trench, fell on him, officials said. His body was buried in the dirt for nearly five hours before emergency personnel could free it. The soil around the area was still unstable and moving, so the operation took several hours. The California Occupational Safety and Health Administration has issued a stop work order and is investigating this tragic incident.
My heart goes out to the family of this worker for their tragic and devastating loss. I offer my deepest sympathies and prayers to this grieving family.
Trenching Accidents
Trench cave-ins are unfortunately common industrial accidents that cause death and catastrophic injuries. Over a five-year period, from 2001 to 2005, 26 Californians have been killed in trench collapse injuries and 207 injured in such incidents, according to CAL-OSHA’s Web site. In almost every instance of trench collapse, the cause was a failure to shore up the trench properly, the agency says.
Mandatory Safety Standards
State regulations are very specific when it comes to trenches or excavations at construction sites. 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). The state agency requires employers to conduct daily inspections of the trench and safety systems. Employers must pay constant attention to the stability of the soil and take other preventive steps such as not parking heavy vehicles next to the trench, and paying attention to changing weather patterns. In this particular case, it doesn't seem as if the construction company or contractor followed any of the laws mandated by the state of California relating to trenches.
Claim for Compensation
The family of the deceased worker certainly needs an experienced Los Angeles personal injury lawyer on their side to 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, which injured workers or their families, are generally entitled to in these types of cases. The construction equipment used in this particular instance must also be preserved so it can be examined by an expert for product defects or malfunctions.
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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