Juan Jimenez Accident: Construction Worker Juan Pablo Cuevas Jimenez Died In Accident At Kelseyville High School When He Fell From Scissor Lift
KELSEYVILLE, CALIFORNIA (October 3, 2018) A construction worker identified as Juan Pablo Cuevas Jimenez died in an accident at Kelseyville High School after falling from scissor lift.
Juan Jimenez was a worker for FRC Inc. and was working on the high school’s new shop building at the time of the accident. The victim appears to have fallen from a scissor lift and had to be transported to a hospital in Santa Rosa.
Frank Polizzi, a spokesperson for Cal/OSHA, said “Cal/OSHA was notified of a fatality in Kelseyville on November 1. The report to Cal/OSHA indicated that an apprentice carpenter for FRC Inc. suffered a fall from a scissor lift on October 23 and died on November 1.”
The family of the apprentice carpenter who died has set up a Go Fund Me page to help with funeral expenses. According to the brother in law of of the victim, “. Juan Pablo Cuevas Jimenez is a loved husband, friend, devoted family member, and a U.S. Marine Veteran.”
FRC Inc. and Cal/OSHA are conducting an investigation into the tragic scissor lift accident that killed Juan Jimenez.
The Dangers Of Scissor Lifts
Scissor Lifts are used to to hoist workers vertically in the air for a number of occasions including construction, entertainment and sports events. They are made up of a bottom platform and criss-crossing support beams that are lifted by hydraulic actuators. A fall from a scissor lift can result in serious injuries and even death. Here are just a few of the steps that employers should take in order to make sure that workers are protected while using scissor lifts.
Operators should always make sure that the manufacturer’s instructions are being followed.
Scissor lifts should not be operated during inclement weather. These machines can be top heavy and prone to falling over in the best of circumstances. Wind can become a lethal hazard.
Guardrails on a lift should be checked before it is operated to make sure they are functioning correctly.
Workers should never lean in order to get something from a scissor lift.
Scissor lifts should never be positioned underneath or near electrical wires. There is also the danger that these vehicles can unknowingly drive into power lines.
OSHA has set forth a number of safety guidelines that construction companies should follow. Unfortunately, as companies work to complete projects as quickly as possible corners often get cut. If a worker is killed after falling from a scissor lift, their family may have legal recourse. A wrongful death attorney can examine the specific facts of your case and let you know what your rights are.
Liability In Construction Accidents Involving A Scissor Lift
There are a number of entities that could potentially bear civil liability for the tragic death of Juan Pablo Cuevas Jimenez. For starters, when a worker is killed in California their family will typically be able to receive workers compensation benefits. Construction companies are required to purchase workers compensation insurance and may face liability for not doing this if a worker is injured or killed. In addition to workers compensation, the family of a victim that died in a fall may be able to file a third party negligence claim against any other companies that contributed to the accident.
Worker’s are barred by statute from suing their employers directly. But when another company causes a worker to be injured or killed they could potentially be held liable. Most construction projects consist of a blend of contractors and sub-contractors that must work together to complete a common goal. If, for example, a worker from another company knocks over a scissor lift with a truck this may count as third party negligence. A number of these scissor lifts also malfunction and may toss workers off. It’s important to seek the experienced guidance of a construction accident attorney after an injury or death. They can investigate your claim for potential sources of third-party negligence.
Preserving Your Rights After A Construction Accident
We at West Coast Trial Lawyers extend our condolences to the family of Juan Pablo Cuevas Jimenez. It is our sincere hope that measures are put in place to prevent similar tragedies from taking place in the future. No family should ever have to suffer through something like this. We also encourage everyone to donate to the Go Fund Me page that has been set up for the victim’s family.
If you or someone that you love has been injured or killed while operating a scissor lift you may have legal recourse. Our team of personal injury attorneys can take steps to make sure that your rights are being protected. We’ve been helping families all over California for over 40 years. Whether you are just trying to get a police report after an accident or you have questions about your rights we are here for you. You can reach us anytime at (888) 888-9285.
- ELIZABETH LARSON. State investigates construction accident that led to man’s death. November 3, 2018
- U.S. Department of Labor. Worker Safety Series Construction. October 2005.
- OSHA. Working Safely with Scissor Lifts. 2018
- Go Fund Me. Juan Paulo’s Funeral. 2018