California Personal Injury Lawyers Blog
A recent Oxnard work accident has resulted in the death of one construction worker, and the serious injuries of another. The Los Angeles Times reported that a crane collapsed while in operation at a construction site, causing the fatal incident.
Apparently the crane was “lifting part of a concrete wall when it failed and collapsed, and part of [the crane] struck the man.” This worker, a 54-year-old carpenter from Palmdale, was pronounced dead at the scene due to the hit. Another worker injured his hands in the incident and was taken to the hospital. The site is now closed while investigators look into what may have caused the collapse.
Unfortunately, construction sites and working with heavy machinery can be very dangerous. However, in a situation like this, where a worker was killed and another injured by the failure of heavy machinery at work, there are ways for the victim or their family to be compensated financially. This is possible by filing legal claims against the responsible parties. Possible claims include:
- California Workers Compensation: California workers’ compensation law requires the employers’ work comp to pay for medical care that is required to cure the effects of a work injury. Workers Comp also provides compensation for surviving dependents when a work injury or illness causes death, known as death benefits.
- Third Party Claims: Third party claims refer to civil claims—an injured person can make a personal injury claim for compensation against another party that is at fault for the injury due intentional acts or negligence. If the victim is killed, the family can bring a wrongful death claim for damages against the responsible party. Third party claims require proof of fault or liability, but often provide for greater damages. In the present case, a third party could be the owner of the crane, especially if the owner never properly cared for or maintained the crane.
- Products Liability Claim: If the crane was found to be defective or dangerous because of a design flaw or other product defect, the manufacturer and every company that participated in its sale, could be liable for injuries that occurred as a result of the design flaw or other defect. This is called a product liability claim and comes under the legal theory of “strict liability.” A strict liability product defect claim is based on proof that the equipment design or manufacture is flawed and unreasonably dangerous—the injured party does not need to prove negligence.
A work-related accident can change your life instantly. As you can see from the explanation above, getting compensation for a work-related injury or death is definitely possible, but can be complicated. Having a skilled attorney by your side can help you navigate your situation. If you sustained any injury in a machinery accident or other industrial accident in Oxnard or anywhere in California, or lost a loved one in this type of accident, you should contact the experienced personal injury and wrongful death attorneys at Walch Law right away. We offer a free case evaluation and consultation—with these cases it is important to act quickly, so contact us today at 866-465-8792.