Gluck Building Co. Oxnard Oscar Ramos Crane Collapse Accident: Carpenter Oscar Zuniga Ramos From Palmdale Killed In Oxnard Crane Collapse Accident At Construction Site After Being Hit By Concrete Wall In The 300 Block of West Camino Del Sol
OXNARD, CALIFORNIA (April 12, 2019) – A carpenter from Palmdale identified as Oscar Zuniga Ramos was killed and another man was seriously injured in a crane collapse accident at a construction site located on West Camino Del Sol.
Oxnard authorities are saying that the crane was lifting a concrete wall when it collapsed and struck two workers. Oscar Zuniga Ramos sustained major injuries and was later pronounced dead at the scene.
A second construction worker also from Palmdale sustained injuries to his hands. There were around 10 – 15 workers from Gluck Building Co. at the construction site when the crane collapse took place.
They were assembling a 60,000 square-foot building. Cal/ OSHA and the Department of Buildings arrived at the scene in order to determine what happened.
Preventing Crane Collapses
According to the U.S. Bureau of Labor Statistics, there were approximately 45 crane related deaths every year in the United States from 1992-2006. Over half of the workers killed were on foot and guiding the load cables. Another 25% of those killed were the crane operators themselves. OSHA has set forth a number of safety recommendations to help curb the likelihood of these accidents. Here are just a few of the ways that construction companies should protect workers from crane collapses.
- Crane operators should be certified. However, only 15 states require certification.
- Crane riggers should be adequately trained.
- Crane inspectors should be qualified.
- Cranes should be inspected before being assembled or modified.
- Crane loads must not pass over street traffic.
Failure to adhere to adequate safety protocols can result in catastrophic accidents. Cranes can weigh over 10,000 lbs and being hit by any part of the arm or rigging system can seriously injure workers. For example, a worker might suffer broken bones, amputations, head injuries, spinal cord injuries or death. Depending on the facts of any case there may be numerous sources of liability for a crane collapse.
Liability In Crane Collapse Accidents
Every construction company in California is required to purchase worker’s compensation insurance. Worker’s are barred from bringing claims against their employers directly, but a worker or their family may have recourse through a worker’s compensation claim. If, however, a company fails to purchase worker’s compensation insurance they could potentially face civil liability.
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.” These benefits also extend to the next of kin or other dependents of a deceased worker. The family member of a deceased worker can seek help through an “application for adjudication of claim” with the Workers’ Compensation Appeals Board (WCAB).
What many worker’s and their family don’t realize is that the state’s worker’s compensation system may not be their only option. Families can also seek help through a third-party liability claim. In short, when a company separate from a worker’s employer causes an accident they could face civil liability. For example, a general contractor could face liability through a civil claim if their premises were unsafe. According to the California Civil Code § 1714 subsection (a), every person or company is liable not only for their willful acts but also for injuries caused by improper management of their property.
Construction equipment manufacturers could also face liability for an accident under product liability law. Like all other equipment, cranes occasionally malfunction. If the rigging system buckles this can lead to catastrophic failure and result in a collapse. A wrongful death attorney can conduct a forensic examination of a collapsed crane free of cost and help you get to the bottom of what happened. The family of a victim that died may be entitled to damages for lost wages, loss of love, funeral expenses and pain and suffering.
Getting Help After A Crane Collapse
We at West Coast Trial Lawyers extend our deepest condolences to the family of Oscar Zuniga Ramos and all of those that have been affected by this crane collapse in Oxnard. We encourage anyone that may have seen what happened to come forward and speak with Cal/ OSHA investigators. Construction companies should be doing everything in their power to keep their workers safe. But far too often productivity is valued at the expense of safety.
Have you or someone that you love been injured in a crane collapse accident? 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 have. We can investigate all aspects of your case free of cost and let you know what your rights are. We care deeply about making sure that victims get the support that they deserve. Whether you need a free police report after an accident or just have questions about your rights we are here for you. You can reach out to us anytime at (888) 888-9285.