Everyone knows construction sites can be very dangerous if the proper attention and precautions are not taken. The incident that took place Richland Creek Road in Buford, Georgia where a Gwinnett County man was crushed to death at his work site is just the latest tragic example. According to authorities and OSHA officials investigating the construction site, a 63-year-old man was crushed to death by a heavy piece of equipment as he was trying to load it onto something else. It is very unfortunate when accidents like this happen. Although the investigation is still underway in this wrongful death accident, these type of incidents almost always occur because someone was not doing something they should have done or in the alternative did something they were not supposed to do.
Regardless of who was at fault, however, even if it was the 63-year-old man, workers compensation should cover the accident. For a workers compensation claim, generally speaking, the only thing needed is that an injury occur while an employee was working for his employer and that the work being done was in the course and scope of the employment. Fault and liability issues are irrelevant.
In addition, because machinery was involved, there very well may also be a product liability component to this tragic accident if a defect or failure to warn issue arises relating to the machinery used. In products liability cases, placing fault and liability are necessary to ensure a viable claim.
Although no lawsuit or any amount of compensation will ever bring the decedent back, the proceeds from such a suit could help the family members left behind in the months and years ahead in dealing with the emotional and financial hardships that inevitably arise. This especially true when young children or elderly members are left behind who may have been dependant on the victim. Regardless of those facts, our thoughts and condolences go out to this gentleman’s family and friends during this tragic period.
A partner with Childers, Schlueter & Smith, LLC,, Brandon Smith has devoted his practice to pharmaceutical litigation, mass torts, products liability and serious personal injury. A frequent guest speaker at legal seminars all over the country—Brandon is focused on helping injured victims nationwide, however possible. Named a SuperLawyer again in 2019, he has also been called out as one of 10 Best Attorneys For Georgia by the American Institute Of Personal Injury Attorneys and a Top 100 Lawyer in Georgia by the National Trial Lawyers in 2019.