Javier Jimenez Disneyland: Construction Worker Javier Jimenez Killed In Disneyland Resort Crane Accident In Anaheim After Being Hit By Falling Steel Plate
ANAHEIM, CALIFORNIA (August 31, 2019) – A 37-year-old construction worker identified as Javier Jimenez has tragically died in an accident at the Disneyland Resort after being hit by falling steel plate.
A large crane was carrying pipes when it hit a cross beam and knocked over a large metal plate. The steel plate fell into a trench where Javier Jimenez was working.
Firefighters rushed to the scene of the Disneyland construction accident around 3:20 a.m. on West Ball Road. Javier Jimenez went into cardiac arrest due to the accident and was later pronounced dead.
Authorities are saying that Javier Jimenez was installing an HVAC Chiller line at the time of the accident. OSHA is currently investigating what may have lead up to the crane accident at the Disneyland Resort.
Members of the Local 250 Union set up a Go Fund Me to support the family members of Javier Jimenez.
Construction Accident Statistics
Nearly 5,000 workers are killed every year in construction accidents. Despite numerous decades of advancements in safety the construction industry many workers are still seriously injured or killed in accidents that are largely preventable. Four types of accidents in particular account for nearly 60% of all workplace fatalities. What follows are the “fatal four” types of accidents:
- Struck by objects
- Caught in/between accidents
According to data from the Bureau of Labor Statistics, around 80 people are killed every year in crane accidents. Nearly 60% of these accidents are caused by the crane coming into contact with another object and knocking it over. Crane operators are supposed to receive adequate training about how to handle the equipment, but this doesn’t always happen. Good communication, training and adherence to OSHA safety standards are vital to keeping workers safe. Depending on the facts of any case there may be numerous sources of liability for a crane accident.
Liability In Crane Accidents
Companies in California have a legal obligation to purchase worker’s compensation insurance for their employees. According to the California Department of Industrial Relations Workers Compensation Guidebook, “If you get hurt on the job, your employer is required by law to pay for workers’ compensation benefits.” Benefits from the worker’s compensation system can help with:
- Medical bills
- Funeral expenses
- Lost wages
Employees or the victim’s family should report the injury as soon as possible and file an “application for adjudication of claim” with the Workers’ Compensation Appeals Board (WCAB). In many circumstances, however, the worker’s compensation system not be a family’s only recourse after an accident. If an entity separate from a worker’s employer was negligent and caused an accident they could be held liable through a third party claim.
For example, a general contractor overseeing a construction project could be liable for a construction accident if they failed to keep a work site in a reasonably safe condition. According to California Civil Code 1714, “Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.”
Similarly, a company responsible for crane operations may be liable in the event of an accident. The vast majority of crane accidents are caused by operator error. Here are just a few of the ways that companies can help prevent crane accidents:
- Cranes should be inspected and undergo periodic maintenance
- All employees should be trained about crane safety, not just the operator
- Cranes must be adequate to lift the loads they are carrying
- Loads must be properly secured and rigged
The family of any victim that died in a crane accident may have legal recourse through California Code of Civil Procedure 377.60. Damages in a civil claim can further help with lost wages, funereal expenses, emotional trauma and pain and suffering. Potential claimants in a civil matter could include a victim’s parents, siblings, spouse and children. A construction accident attorney can investigate your case free of cost and get to the bottom of what happened. There are statute of limitations associated with being able to file a claim so it’s important to act quickly.
Investigating A Construction Accident
We at West Coast Trial Lawyers extend our deepest condolences to the family of Javier Jimenez. Any person that may have seen what happened should reach out to OSHA investigators. It is our sincere hope that measures are put in place to prevent accidents like this in the future. Safety should always be the top concern for every construction company. We also encourage everyone to donate to the Go Fund Me page set up to help the victim’s family.
Have you or someone that you care about been involved in a work accident at the Disneyland Resort in Anaheim? There are a number of laws designed to protect your rights. Our team of personal injury attorneys are here to answer any legal questions that you may have. We are committed to making sure that accident victims are aware of their rights so that they can make informed decisions. Whether you need a free, independent investigation into an accident or just have questions about the law we are here for you. You can reach out to us anytime at (888) 888-9285.