SANTA ANA, CALIFORNIA (September 21, 2018) – An 18-year-old employee identified as Enrique Garcia-Vazques has died in Aardvark Clay and Supplies accident after he became trapped by heavy machinery which may have been a mixer.
Enrique Garcia-Vazques became trapped by the machine at Aardvark Clay and Supplies which is located on the 1400 Block of East Pomona on Thursday.
Two minutes after the victim was trapped another employee saw what was happening and tried to get him out without success.
Orange County firefighters rushed to the scene in order to help the man. But Enrique Garcia-Vazques was later pronounced dead at the scene.
Aardvark Clay and Supplies said that they would be closed on Friday and Saturday.
An investigation into the fatal industrial accident remains ongoing at this time.
Staying Safe Around Heavy Machinery
Working in manufacturing can be extremely dangerous. Employees can be seriously injured or killed when the proper safety precautions are not met. Companies are supposed to take reasonable steps to make sure that their employees are kept safe. Here are just a few things that businesses in California should do to help prevent industrial accidents:
Injury Prevention Program: Companies should put together an Injury and Illness Prevention program. They should document safely hazards prior to beginning a new operation.
Training: Heavy machinery can be difficult to use safely and requires training. Employees should be trained in Machine Guarding and Lock/Out-Tag/Out.
Maintenance: All machines need regular maintenance in order to make sure they are in good repair. Machines that aren’t taken care of can malfunction and seriously injure or kill workers.
When a worker is injured in an industrial accident they (or their family) may have the ability to pursue multiple routes in order to recover damages.
Liability In Workplace Accidents Involving Heavy Machinery
Thousands of workers are seriously injured or killed every year in industrial accidents. Injuries are often so severe they prevent the worker from returning to their job. Worker’s compensation can help workers with medical bills and lost wages. But there also may be additional routes for workers in order to maximize the compensation they recieve. Third party liability in an accident occurs when an entity separate from a workers employer was negligent. This may come in a variety of different forms:
Unsafe Working Conditions: If a business or general contractor created an unsafe work environment for workers that may lead to a third party claim. For example, guardrails are often used around mixers and heavy machinery. This can prevent workers from falling in or becoming trapped.
Product Liability Claims: When an injury is caused by a piece of machinery or equipment workers will typically have the ability to file a product liability claim. In order to file a product liability claim, the machinery in question will need to have been defective in some way.
Companies are supposed to produce products that are reasonably safe. But this doesn’t always happen. Machines that are inherently unsafe to use have design defects.
Manufacturing defects occur when a machine is not assembled correctly and this causes a malfunction.
Finally, businesses are obliged to provide consumers with warnings about the dangers of their products and instructions on how to use them.
An experienced personal injury attorney can evaluate your claim and let you know where you stand in terms of your rights. There are laws designed to protect workers and their families after a catastrophic incident.
Getting Help After A Work Accident
We at West Coast Trial Lawyers extend our condolences to the family of Enrique Garcia-Vazques. What happened at Aardvark Clay and Supplies was absolutely tragic. There are safety measures designed to prevent accidents like this from happening. It’s important that investigators look into whether or not any regulations were broken. We encourage anyone that may have seen what happened to reach out to the Santa Ana Police Department and investigators as they seek to determine what happened. No family should ever have to bury their child at such a young age.
Have you or someone that you care about been injured or killed in an accident at work? You may have legal recourse. Our team of of expert and compassionate work accident attorneys are well versed in the law and can let you know what your rights are. We are proud to fight on behalf of our clients and get them justice after a catastrophic accident. Whether you have legal questions after an accident, need a police report or are seeking legal counsel we are here for you (888) 888-9285.
Art Pedroza. An 18-year-old worker was killed in a workplace accident in Santa Ana on Thursday. September 21, 2018.
Sherrie Scott. Are Employers Responsible for Accidents in the Workplace?. September 21, 2018
David Landers. Construction Worker Injuries and Your Legal Options. 2018