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Worker killed, another injured at Orange County construction site

Construction work is often cited as a dangerous occupation resulting in many workers' compensation claims. But when several parties are involved in the project that results in a construction site accident, the question of responsibility may be debated among the potential defendants.

A recent construction site accident at a high school in Mission Viejo in Orange County, California, resulted in the death of one worker and another was seriously injured when he tried to help his co-worker. 

Both workers came into contact with wires above a scaffold being installed by the company that employed the two men. At the time of the accident, school officials were unsure who had hired the company, but it was later discovered that a booster owned the company that employed the men.

The state Occupational Safety and Health department is tasked with determining the presence of safety measures that should have been in place and whether there was a workplace safety violation. But additional investigation may be required to determine the chain of events that led to the incident.

Whether the school actually hired the company, or the booster chose to undertake the project on his own, using his employees, will likely be a point of contention in any workers’ compensation or personal injury suit filed by the survivors of the man who was killed and the other worker who was injured.

Even in a workers’ compensation suit where the relationship between the injured worker and his or her employer is clear, issues may still arise as to the employer’s obligation to pay workers’ compensation benefits.

One common question is whether the worker was performing duties in the scope of employment as required by the employer. This issue could arise in this case as well. Having the counsel of an attorney who handles workers’ compensation cases may be useful in any situation which involved the death or injury of a worker.

Source: Orange County Register, "Worker electrocuted at Mission Viejo High ‘just wanted a good job,’ dad says," Salvador Hernandez and Sean Emery, July 18, 2014

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Law Offices of William W. Green & Associates
505 S. Villa Real
Anaheim, CA 92807

Phone: 714-464-6903
Toll Free: 866-543-7598
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