A industrial accident involving a fatality at BRT Extrusions in Niles, Ohio, has brought national attention to the risks industrial workers face on the job each day. A 60-year-old machine operator was found unconscious at the aluminum plant last week and later died at a nearby hospital. His obituary noted that his death was the result of an industrial accident, though official determinations are pending toxicology reports and an ongoing investigation by the Occupational Safety and Health Administration (OSHA).
While the investigation continues, this tragic workplace incident shines a spotlight on the dangers inherent in aluminum manufacturing and raises crucial questions about worker safety, employer responsibility, and legal options available to grieving families.
At Kherkher Garcia, our experienced workplace accident attorneys are committed to helping injured workers and the families of those lost in preventable workplace accidents seek justice and financial compensation.
The Aluminum Manufacturing Industry: High Output, High Risk
Aluminum manufacturing is a demanding industrial process that involves high temperatures, heavy machinery, molten metal, chemical exposure, and complex mechanical systems. The process of extrusion, in particular, requires aluminum billets to be heated to extreme temperatures and forced through shaped dies under immense pressure. Machine operators and plant workers are responsible for operating these systems, maintaining equipment, and overseeing production – all in fast-paced, often hazardous environments.
While aluminum is one of the most widely used metals in construction, transportation, and packaging, the manufacturing process is fraught with risks, especially when employers cut corners on safety or fail to maintain equipment.
Common Hazards in Aluminum Manufacturing Plants
Accidents in aluminum plants can be caused by a wide range of hazards, many of which are entirely preventable with proper training, supervision, and safety systems. Common risks include:
- Machinery accidents: Workers may be crushed, entangled, or struck by moving parts in extrusion presses, conveyors, or cutting equipment.
- Exposure to high heat or molten metal: Contact with molten aluminum can cause severe burns or fatalities.
- Toxic exposure: Inhalation of fumes, dust, or chemicals can result in respiratory conditions or long-term health issues.
- Falls: Slippery floors, elevated platforms, and ladders pose significant fall risks.
- Electrical hazards: Faulty wiring, arc flashes, or exposed conductors can lead to electrocution.
- Mechanical failures: Equipment malfunction or poor maintenance can result in unanticipated catastrophic events.
Despite federal safety regulations, many plants continue to experience preventable accidents due to understaffing, lack of training, outdated machinery, or inadequate enforcement of OSHA standards.
Common Injuries in Industrial Accidents
The nature of work in an aluminum manufacturing facility places employees at risk of both acute and long-term injuries. Commonly reported injuries include:
- Severe burns from molten metal or high-temperature surfaces
- Crushing injuries from heavy machinery or falling equipment
- Amputations due to lack of machine guarding or improper lockout/tagout procedures
- Fractures and orthopedic injuries from falls or impact incidents
- Respiratory conditions from exposure to harmful chemicals or aluminum dust
- Traumatic brain injuries (TBI) due to falls or being struck by equipment
- Heat stroke or heat exhaustion in high-temperature environments
Tragically, some incidents, such as the one that claimed the Nile resident’s life, end in fatality. When a worker dies due to workplace conditions, their family deserves answers and legal support.
Who Is Liable for Industrial Accidents and Workplace Deaths?
When a workplace injury or death occurs, liability may rest with multiple parties, including:
- The employer: If the company failed to provide adequate training, safety equipment, or proper maintenance, they may be liable.
- Third-party contractors or manufacturers: If defective equipment or a subcontractor’s negligence played a role, those parties may also be held accountable.
- Equipment manufacturers: If a machine was inherently dangerous or malfunctioned due to design or manufacturing defects, the manufacturer may be responsible.
In many cases, OSHA investigations and safety audits will reveal whether there were violations of workplace safety laws. These findings can play a critical role in determining legal responsibility and strengthening a claim for damages.
What Can Injured Workers and Families Do After an Industrial Accident?
If you or a loved one has suffered injury or death in an industrial accident, it is important to act quickly to preserve your legal rights:
- Seek medical attention immediately and document all injuries and treatments.
- Report the incident to your employer and obtain a copy of the report.
- Preserve evidence, including photographs, witness statements, and the names of supervisors on duty.
- Consult an attorney experienced in workplace and industrial injury claims before signing any documents or accepting compensation.
Workers may be entitled to workers’ compensation benefits, but in many serious or fatal accidents, additional legal action may be warranted, particularly if gross negligence or third-party liability is involved.
Wrongful Death Claims After an Industrial Fatality
If a loved one dies as a result of a workplace accident, the surviving spouse, children, or parents may be able to file a wrongful death claim in addition to workers’ compensation benefits. A wrongful death lawsuit may seek compensation for:
- Medical bills and funeral costs
- Lost future income and financial support
- Loss of companionship and emotional suffering
- Pain and suffering experienced by the deceased before death
- Punitive damages in cases of extreme negligence
An experienced attorney can investigate the cause of death, identify liable parties, and ensure the family receives the justice and compensation they deserve.
How Kherkher Garcia Helps Families After Industrial Accidents
At Kherkher Garcia, we have decades of experience handling complex manufacturing injury and wrongful death claims. We understand the emotional and financial devastation that follows a preventable industrial accident, and we are committed to standing up for victims and their families.
When you work with our firm, we will:
- Launch a thorough investigation into the accident
- Work with experts to analyze safety violations and equipment failures
- Communicate with OSHA and other regulatory bodies
- Identify all liable parties, including third parties
- Fight for full and fair compensation through settlement or trial
We work on a contingency fee basis, meaning you don’t pay unless we win your case. Our goal is to take the legal burden off your shoulders while helping you secure the resources needed to move forward.
FAQs About Industrial Accidents and Legal Options
What should I do immediately after a workplace accident?
Get medical treatment and report the accident to your employer. Then, speak with a qualified attorney to explore your legal rights.
Can I sue my employer if I receive workers’ compensation?
In most cases, workers’ compensation limits your ability to sue your employer directly. However, if gross negligence or a third-party is involved, you may be able to file a separate lawsuit.
How long do I have to file a wrongful death claim?
Statutes of limitations vary by state, but it’s critical to act quickly – usually within one to two years from the date of death.
What if OSHA is still investigating? Should I wait to contact a lawyer?
No. A lawyer can help preserve evidence, begin an independent investigation, and stay updated on OSHA findings that may support your claim.
How much is a wrongful death case worth?
Compensation depends on many factors, including the victim’s income, age, circumstances of death, and the degree of negligence involved.
Contact Kherkher Garcia Today
If your family has suffered a loss due to an industrial accident, don’t face this difficult time alone. Let the compassionate, skilled attorneys at Kherkher Garcia help you fight for justice and the compensation you deserve. Call us today at 713-333-1030 for a free consultation. You can also submit our online contact form to request more information.
Your loved one’s life mattered. We are here to ensure their story is heard and that your family’s future is protected.
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