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“I have been prosecuting serious injury and wrongful death cases against trucking companies, auto makers and tire manufacturers for more than 30 years. Our firm maintains this blog to share information and insight on transportation safety issues that continue to arise on our nation’s highways and roads.”

A construction accident in Edinburg, Texas, has left one person dead

EDINBURG, Texas—An unidentified construction worker, 57, was found dead inside a building on September 19, 2022, around 9:30 a.m. The building was located on the 1000 block of South 25th Street in Edinburg, Texas.

Police report no sign of foul play and, instead, suggest the construction worker may have died in a work-related accident when the victim fell from scaffolding.

Investigation into the man’s death is ongoing. No other details were made immediately available.

The family of the deceased may have legal remedies available outside workers' compensation

It is always saddening to hear of an innocent worker losing his life while on the job. Most work-related accidents are, consequently, covered by workers’ compensation, which acts as a form of insurance to provide wage replacement and medical benefits to employees injured in the course of employment. However, if the deceased man was not working at the time of his accident, was an independent contractor, or if the scaffolding was negligently constructed by a third party, then the man’s family may have alternative options for recovering damages for the untimely death of their loved one. This accident will need to be investigated thoroughly before the man’s family will know what legal options are available.

While workers’ compensation provides a shield for employers from claims of negligence, there are times when the family may be entitled to bring a claim. Additionally, it may be that the employer here did not pay workers’ compensation insurance and is not provided protection from negligence suits. Regardless of the situation, the facts of this accident will need to be further investigated.

Alternatively, the scaffolding could have been negligently constructed by a third party. If that were the case, then the man’s family may be able to bring a lawsuit against a third party for its failure to construct and maintain a safe structure for workers. Not only would a lawsuit against a negligent party alleging faulty scaffolding construction provide a remedy for the man’s family, but it would serve as a deterrent for other third parties who believe cutting corners on safety equipment to be worth the added time or cost.

Of course, with the available information, there is no way to know if anyone is responsible for this death or if there are any remedies available to the family.  To determine whether any of the above theories may hold water, the construction worker’s family will need to consult an attorney with the skills necessary to perform a thorough investigation and determine any viable theories of recovery. 

Our thoughts and prayers go out to the family and friends of this victim, and we hope justice can prevent accident like this from happening in the future.

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