Francisco Lumbreras, 46, died in a caught-in accident after he got caught in a cement truck’s rotating shaft while on the job. According to a report in the New York Daily News, Lumbreras was cleaning the cement truck when he somehow got entangled with the shaft that mixes cement with other materials. Officials said the victim worked with a contracting firm and was not working on a construction project or in a construction site at the time. The Occupational Safety and Health Administration (OSHA) is investigating the cause of the workplace accident.
Family members told the Daily News that Lumbreras was greasing the machinery when the wheels grabbed his hoodie and dragged him in. His family described him as “the hardest-working person in the Bronx” and as the “heart of everything in our family.” We offer our deepest condolences to members of the Lumbreras family for their tragic loss.
Construction Accidents Involving Machinery
Industrial and construction site accidents that involve equipment and machinery can be serious and sometimes fatal. These accidents can occur for various reasons, including equipment malfunction, lack of proper training, or lack of safety equipment. Here are some common types of construction accidents involving machinery:
- Caught-in/between accidents: Workers can get caught in or between machinery and structures. This may happen when body parts or clothing get entangled in moving parts of the machinery, as it did in Lumbreras’ case.
- Struck-by accidents: Workers can be struck by moving machinery or by objects that are ejected from the equipment. This can occur if a machine swings, pivots, or moves unexpectedly.
- Overturns and rollovers: Accidents involving heavy machinery, such as cranes, bulldozers, forklifts, or excavators, can lead to overturns or rollovers. This can be caused by unstable ground, operator error, or equipment malfunction.
- Crushing accidents: Workers can be crushed between machinery and a fixed structure or between two moving parts of machinery. This often occurs in confined spaces or when working in close proximity to heavy equipment.
- Electrocution: Machinery can come into contact with power lines or other electrical sources, leading to electrocution. This is a significant risk when working with tall equipment near power lines.
- Equipment failure: Malfunctions in the machinery itself, such as brake failures, hydraulic system failures, or structural failures, can result in accidents.
- Lack of training and supervision: Inadequate training on machinery operation and safety procedures, coupled with a lack of supervision, can contribute to accidents.
To prevent construction accidents involving machinery, it is crucial for construction companies, contractors and others to prioritize safety. This includes proper training for equipment operators, regular equipment maintenance, adherence to safety regulations, the use of personal protective equipment (PPE), and promoting a culture of safety at construction sites. Regulatory bodies, such as OSHA provide guidelines and regulations to help ensure the safety of construction workers.
Compensation for Workers and Families
Worksite accidents can result in serious injuries not only for workers, but also passersby. Injuries from these types of accidents can prove catastrophic or even fatal. Injured victims or families of deceased construction accident victims can seek compensation from at-fault parties including, but not limited to, the construction company, general contractor, subcontractor, building owner, equipment operator, maintenance firm, etc.
Injured workers can seek workers’ compensation benefits from their employers to help cover medical expenses and a portion of the lost wages. Workers who have been injured in accidents on the job may also be able to file a third-party claim against a negligent (careless) party other than the employer or co-employees for significant monetary damages and have two sources of compensation available for their losses. Examples of third parties include, but are not limited to, general contractors, construction companies, sub-contractors, building owners, managing agents etc. In cases where a worker dies from injuries suffered on the job, surviving family members may seek death benefits through workers’ compensation and/or file a wrongful death claim against a third party who may be held liable for the fatal incident. If you have been injured in a construction accident, even if you are undocumented, you are eligible to receive workers’ compensation benefits and have the right to file a third-party lawsuit.
Contacting an Experienced Lawyer
If you or a loved one has been injured in a construction accident, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options. For over 53 years, our skilled accident attorneys have established a proven track record of helping injured victims get fair compensation for their losses. Our law firm recovered $3,375,576 for a construction worker (an undocumented immigrant) who was injured on the job — one of the highest construction case settlements in New York that year. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury, lead poisoning and medical malpractice cases including, brachial plexus palsy (Erb’s palsy) and cerebral palsy cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other TOLL FREE phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit us at: www.WORK4YOULAW.com
Source: https://www.nydailynews.com/2023/11/06/bronx-worker-cleaning-cement-truck-killed-when-caught-in-rotating-shaft/