• August 08, 2022

Misael Garcia Killed in Truck Accident on Warehouse Street in Calhoun County, TX

UPDATE (August 9, 2022): Reports identified the man killed in the accident as 38-year-old Misael Garcia. Additional details about the crash are unavailable at this time.

Calhoun County, TX -- August 6, 2022, a worker was killed after an accident where he fell while working on a truck along Warehouse Road.

According to officials, a man was working at Con-Metal cleaning a concrete truck. Somehow, the man fell when the barrel rotated. The man ended up crushed by dry concrete, reports said.

The worker, an unidentified man in his 20s, sustained fatal injuries. No further information about the accident is available at this time.

Commentary on Misael Garcia Concrete Truck Work Accident in Calhoun County

When it comes to a tragic event like this, folks tend to assume that everything goes through OSHA and workers' comp, and that's that. That can be true, but it's important to ensure there are more thorough investigations into what led to the crash. Put simply, there may be action for a family to take if an employer's actions led to the tragic accident.

I'll give an example from a case I handled. What essentially happened was someone died due to a chicken processing machine turning on while they were inside cleaning it. When we looked into things, it turned out that there was almost no supervision, no process for ensuring the machine remained off, and the job involving a worker essentially climbing into a giant blender on their hands and knees was a completely ridiculous, unnecessary procedure.

The reason facts like those matter is gross negligence. Basically, workers' comp guarantees benefits to the family of a deceased worker killed on the job, but it takes away their right to pursue the matter in court. However, if the cause of a deadly accident was an employer's gross negligence--negligence so serious it "shocks the senses"--then the employer can be on the hook beyond the confines of workers' comp.

Whether or not something like that happened here isn't for me to say. Experience tells me those answers come through diligent investigations from experienced professionals. Are those steps being taken here?

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