Accident at Concrete Plant in Rialto Leaves Worker Dead

An accident involving a large forklift this morning at the Rialto Concrete Products facility has left a 59-year-old man dead.  According to the Press Enterprise, the accident happened at the manufacturing plant on Lowell Avenue in Rialto.  The Enterprise has reported that the victim, Jack Leo Buffum, was struck by a 65,000 forklift while workers were moving large concrete pipes.  The operator of the forklift apparently lost sight of Buffum and ran him over.

Work Site Accidents in California

Accidents happening at work are unfortunately common and sometimes result from employer neglect.   The extent of the danger present is easy to see from a review of significant fines imposed on employers by Cal/OSHA, the government entity responsible for protecting workers from health and safety hazards on the job.  Sometimes, the cause of a work site accident is not the employer or co-employee, but a third party.  When someone not working for the employer causes injury to an employee, the worker not only has the right to workers' compensation benefits but also to a claim against the third party or their insurance carrier.  This situation often arises where an employee is required to drive on the job and another driver (not working for the same company) causes an accident.  

Worker's Compensation and Third Party Claims Arising From Accidents on The Job

While workers' compensation benefits can be obtained after a job-related accident, that compensation is generally limited to payment of medical expenses and both short and long term disability.  There is no payment available under the workers' compensation system for pain and suffering damages.  Those damages, in serious injury cases, can be into the hundreds of thousands if not millions of dollars.   Likewise, when a death occurs on the job, compensation to the family under the workers' compensation rules is limited.  When a job-related accident has caused serious injuries or death, and a third party is at fault, full compensation (for pain and suffering, etc.) will require filing a claim or lawsuit outside of the workers' compensation system.

If you or a loved one has been seriously hurt on the job because of the negligence of someone not working for the same company, you may want to seek a consultation with a personal injury attorney to find out more about your rights.

SOURCE:  RIALTO:  Forklift Accident Kills Fontana Man, the Press Enterprise, May 31, 2013, by Richard Brooks