Alberto Herrera-Garcia, 54, sustained fatal personal injuries in a San Diego on-the-job accident, the morning of December 24, 2009, the San Diego Union-Tribune reports. Herrera-Garcia was apparently unloading 20-foot long wooden beams from a forklift, when the load shifted off the forklift and fell on him, at the industrial site on Marconi Drive, the San Diego County Medical Examiner's report states. The blow knocked Herrera-Garcia backward and he hit his head and suffered serious head trauma. He died shortly after the accident. Herrera-Garcia was also the driver of the truck, which was carrying the lumber. Investigators are looking into what caused the load to shift and fall on the victim.
I offer my deepest condolences to the family and friends of Alberto Herrera-Garcia for their devastating loss. They will certainly be in my prayers.
Forklift Accidents
According to the U.S. Occupational Safety and Health Administration (OSHA) there are approximately 85 forklift accident fatalities that occur each year. This number includes workers as well as pedestrians and bystanders. OSHA also estimates that each year in the United States, about 35,000 people are seriously injured in forklift accidents. Also, according to the Industrial Truck Association, there are about 855,900 forklifts in the United States and about 11 percent of these are involved in some type of accident each year. Most forklift fatalities occur in manufacturing facilities and construction zones.
How Did This Accident Occur?
Based on this newspaper report, it is not clear exactly how this fatal job injury occurred. Was Herrera-Garcia working alone or was there someone else helping him operate the forklift. Did this accident occur as the result of the forklift operator's negligence? At this point, we don't know. Since this fatal accident occurred while Herrera-Garcia was on the job, his family will be entitled to receive worker's compensation benefits from Herrera-Garcia's employer. However, California worker's compensation benefits are woefully inadequate and will hardly cover the expenses a family incurs or the financial burdens they face after losing their primary wage earner.
Third Party Claims
In such cases, families of deceased workers would be well-advised to contact an experienced San Diego personal injury lawyer, who can help them file a third-party claim. A third party claim is basically one that is filed against a negligent party, other than the employer, that caused the accident. For example such a claim could be filed against a contractor, a sub-contractor or even the manufacturer of a defective product. A third party claim is usually worth a lot more to victims' families than worker's compensation benefits.
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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