San Angelo, TX — On January 9, 2019, a pickup truck crashed into a cherry picker in San Angelo, sending two men to an area hospital.
According to the San Angelo police, the crash happened Wednesday evening on West 29th Street, near North Bryant Boulevard. Two men were reportedly in the basket of the cherry picker as it crossed 29th Street, when an eastbound Dodge pickup crashed into the maintenance vehicle. The pickup’s driver alleged that he did not see the cherry picker before the collision.
Both men were taken by ambulance to an area hospital with undisclosed injuries.
Police continue to investigate the wreck.
Map of the Area
Investigators are still working to figure out the specifics of this this accident, but unless the two gentlemen in the cherry picker stole it for a joyride it’s likely that they were in the middle of a job when the crash occurred. The law is relatively clear when it comes to workplace accidents; when someone is injured on the job in Texas, the remedies available to them for their injuries generally revolve around whether or not their employer is enrolled in workers’ compensation.
If an employer has “workers’ comp,” then most likely the injured worker will receive automatic benefits from the program to help them offset the costs of their medical bills and their lost wages. While these benefits are virtually guaranteed when a worker is hurt, it also bars the victim from taking legal action against his employer. Additionally, the benefits the employee receives may not cover the full extent of the cost incurred due to the accident.
Texas is unique in the U.S. because it offers an alternative unavailable in any other state. Employers are given the opportunity to “opt out” of the workers’ comp system. Some businesses with limited risk or physical strain sometimes exercise this option after weighing the cost of enrolling against the likelihood that an employee will be hurt.
If a Texas employer is a non-subscriber, a worker injured in the line of duty has a right to sue his employer for his injuries. Again, this right comes with a trade: It has the benefit of potentially covering a greater amount of the damages resulting from the accident, but the results are anything but guaranteed. The burden falls to the victims to prove to a jury that their employer’s negligence caused the accident, which can be daunting in an already-difficult time.
Resolving a situation like this requires extensive experience, legal strategies, and tenacity. Those affected by a serious work accident must ensure they have the assistance they need for their injuries.
–Grossman Law Offices