Florida Injury Lawyer Blawg
A federal investigation from the U.S. Department of Labor concluded that two contractors’ safety violations could have prevented a Fort Lauderdale crane collapse in April that killed a 27-year-old construction worker.
The investigation concluded that Phoenix Rigging & Erecting LLC and Maxim Crane Works LP be cited for the alleged safety violations the day the man, Jorge de la Torre, fell 30 stories to his death on April 4, 2024. These findings come from the Occupational Safety and Health Administration (OSHA), which is a branch of the Department of Labor.
De la Torre is alleged to not have been properly secured in the incident but a co-worker who was “wearing the required fall protection” was not injured, according to reporting from WSVN Channel 7 News Miami.
Phoenix Rigging was issued three citations for failing to conduct pre-inspections of the crane equipment, not enforcing fall protection and for failing to repair and or replace damaged crane components. Maxim Crane Works was also cited by the agency twice for failing to identify the structural defects in the crane and for allowing work to start without adequate pre-inspections.
OSHA proposed the companies be ordered to pay out $61,299 for the five violations, according to local media. They have 15 business days to contest the findings, request an informal conference or pay the citations.
What Happened?
The day of the incident, de la Torre was working on the top half of the crane with about five other workers. A cable meant to hold parts of the crane was allegedly changed before the incident, according to local media who disclosed that they were told this by other workers and had not officially confirmed the information.
At around 4:30 p.m. Thursday, April 4, 2024, emergency responders were called out to the Southeast Third Avenue Bridge over the New River in downtown Fort Lauderdale. Workers were there beginning to “step the crane,” according to local media, when a part of it fell and hit a car.
At least two others were taken to the hospital in the incident.
A GoFundMe page created by de la Torre’s spouse said he had gone to Fort Lauderdale from the couple’s home in Georgia for work, like he had “many times before.” In it, she describes him as a charismatic, selfless and caring person. They shared two children together, a 2 and 5-year-old.
“To have known him was a blessing, to be [in his life was a joy] and he will be dearly missed, and forever be loved,” she said in the online fundraiser.
What does the law say?
Florida Statute § 442.01 details the responsibility of employers to their workers within the construction industry. In this statute, the law stresses the importance of employers providing a safe working environment for employees. This includes taking the necessary precautions to prevent injury and death.
If a worker is injured on the job, they are entitled to worker’s compensation, under Chapter 440 of the Florida Statutes. If an injury is incurred on the job, workers are entitled to certain benefits including medical, wage loss, and other benefits no matter whose fault it was.
Contractors who ignore their obligation to workers and flout safety requirements can be found negligent in the case of an employee’s injury. Florida law, OSHA regulations and common law principles all outline and enforce the employer’s obligation to their employees.
Previous Cases
De la Torre’s death is a tragedy and one that could have been prevented. As outlined in state law, employers owe it to their workers to ensure a safe working environment. In its nearly five decades of personal injury law, Leesfield & Partners has seen the most complex and grossly negligent cases of construction worker injuries in their field.
In a previous Leesfield & Partners case, the firm settled with all at-fault parties for a construction worker’s injuries after a crane operator error. In that case, a crane operator did not follow proper procedure when lowering the machinery for the night. Instead of first lowering the luffing boom, the part of the crane that moves vertically and allows the operator to precisely control the height of the load, and then the main boom, the operator lowered them in reverse. The crane then tipped forward, sending the workers scattering for cover. Our client was hit in the head while wearing his hard hat and knocked to the ground where he lay unconscious. His leg was also crushed in the incident.
A case of a store worker’s fall resulted in a $750,000 recovery.
Leesfield & Partners secured $662,000 for a delivery company worker’s crush injury.
One case handled by the firm involved the tragic death of a construction worker who fell through an open staircase and hit his head. A significant award was secured by the firm for the man’s family for failure to provide fall protection.
Leesfield & Partners obtained a multi-million recovery for a handyman who fell from a ladder while trimming trees on private property in Key West. Our client fell from 15 feet up, landing on his neck. The injuries rendered him a paraplegic, costing him all sensation below the chest.
Another case handled by the firm involved a construction worker injured when hot tar spilled on him from an open skylight at a construction site. The case was settled for a substantial amount.
A previous case involving a worker’s crush injury resulted in $10 million recovered by Leesfield & Partners attorneys.
If you or a loved one was injured in a construction site accident, you may be entitled to compensation. Call a Leesfield & Partners attorney today for a free consultation at 800-836-6400.
