Padilla Law Group, LLP

Worker killed in cement factory accident

Going to work should never be an event that is feared, but the sad truth of the matter is that no profession is immune from workplace accidents. Teachers can be hurt while lifting boxes, pizza delivery drivers can be hurt in an auto accident, and police officers can be injured when arresting a suspect. Regardless of one's profession, he or she needs to know what he or she can do after being injured on the job, as the aftermath of a workplace accident can leave him or her with serious losses. These losses can include lost wages and medical expenses.

This same knowledge needs to be held by those who lose a loved one to a workplace accident, too. For example, one California family may need to figure out how to secure workers' compensation death benefits after their loved one was killed in an accident at a cement factory. According to reports, the victim's truck caught fire after colliding with another vehicle at the plant during the mid-morning hours. Cal OSHA is expected to investigate the accident, as state and local authorities have labeled the incident work-related. The exact cause of the accident remains unknown at this time, though.

Regardless of the cause, the truth of the matter is that the victim's family, in addition to dealing with the severe emotional turmoil that can accompany such a loss, may be reeling from the financial ramifications of their loved one's death. However, by filing a workers' compensation claim for death benefits, they may be able to recover compensation for their losses. This can go a long way to providing financial stability during a time when they need to focus on mourning their loss.

Although these types of claims should be pretty straightforward, the fact of the matter is that they are often complicated by a number of different issues. It may be claimed, for example, that the incident was caused by the victim's own horseplay, rather than a work-related activity, or the compensation recovered through workers' compensation may be insufficient to cover the damages suffered by a family, thereby necessitating a third-party claim. Therefore, those thinking about filing a workers' compensation claim would probably benefit from discussing the matter with an experienced attorney of their choosing.

Source: The Mercury News, "Driver dies after loader truck catches fires at cement plant on Stevens Creek Boulevard," by Tatiana Sanchez, Dec. 31, 2017

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