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TRAGIC WORKPLACE INCIDENT RESULTED IN DEATH

My heart sank when I ran across an article about a workplace incident that resulted in the death of a 42 year old man on November 10, 2020.  Early reports indicate a 12-1/2 ton mold used in the manufacturing of large product parts for the transportation market had fallen on top of the worker, who was found deceased by first responders.  It appears the mold had fallen off of one of the interior plant walls**.

When a serious workplace injury or death occurs at a job site, it can be extremely helpful for the victim and their family to work with experienced attorneys in the Workers’ Compensation and Personal Injury areas.  Because we deal with incidents like this on a regular basis, we are best suited to ensure the rights of the victim and their families are protected.

For one, its good to know that the local Occupational Safety and Health Administration had been notified.  Sometimes, despite the requirements that serious accidents be reported, a misguided employer or co-workers do not make the report.  This does a disservice to the victim and their families, especially in that the investigative reports generated by OSHA are generally very detailed.

Secondly, the part of the article indicating that the plant had reported no safety violations for 2 out of the past 3 years can be misleading.  Of course, we hope that this truly was an accident, however a serious incident like this is many times the result of the failure of multiple systems and safety protocols: Should the employee have been allowed to stand where he was? Was it safe to mount the mold in that position?  Were the mounts inspected on a routine basis?  Was the inspector qualified to perform this task?  The areas of inquiry are numerous, even when on the surface, the facts seem to suggest the workplace was a safe environment.

In certain circumstances, a workplace injury can give rise to different types of claims or lawsuits, including a Workers’ Compensation case and a Personal Injury/Negligence case.  Since these types of cases compensate workers and their families for different things and in different ways, it is best to have this type of serious tragic incident fully evaluated by both types of attorneys.

Thankfully, there are firms like Heiting & Irwin, with experienced, qualified attorneys in both areas of law, that can be your one-stop shop for this type of situation.  Please give us a call for a free consultation.

**https://abcnews.go.com/US/man-crushed-death-12-ton-manufacturing-mold-falls/story?id=74143462&cid=social_twitter_abcn

Sara Morgan

Ms. Morgan obtained her Juris Doctor from Chapman University School of Law in Orange, California. She contributes to the improvement of both the local and legal communities, having provided pro- and low-bono legal services, and volunteering at legal clinics and other programs serving the community. View Attorney Sara Morgan's Attorney Bio Here.

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