Juan Antonio Garcia- Hernandez Killed By Piece of Iron in Port of Port Arthur

Juan Antonio Garcia- Hernandez Killed By Piece of Iron in Port of Port Arthur

Juan Antonio Garcia-Hernandez, a contract worker from Orange, Texas, was killed yesterday when he was struck by a 10-foot piece of angle iron that fell from 40 feet above him. At the time, Garcia-Hernandez was contracted by Mason Construction on a job site located in the area of the Port of Port Arthur. The area in which the accident occurred was leased by an overseas company called German Pellets.

The accident occurred early Wednesday morning, when contractors were busy building silos. A manlift, operated by JLG Manlift, was also assisting the contractors in building the structure when it became stuck and switched to safe mode. As workers attempted to free the manlift, a piece of angle iron was catapulted from the basket of the manlift and struck Garcia-Hernandez. Workers had roped off a zone for the manlift but the piece of iron had fallen outside of that area when it hit Garcia-Hernandez. He was quickly transported to Christus Hospital – St. Elizabeth but the severe injuries to his upper body were too much and Mr. Garcia-Hernandez unfortunately passed away. Our condolences go out to his loved ones.


 Legal Commentary - Majed Nachawati - Author 

Workplace injuries are common, but are especially tragic when a worker dies due to the negligence of others. With an accident like this, we must ask ourselves: who is to blame? Several individuals and companies could be at fault: Mason Constrcution, who contracted Garcia-Hernandez and placed him in unsafe working conditions; German Pellets, who leased the property and who did not ensure safe working conditions; or JLG Manlift, for hiring an incompetent manlift operator. Another question we must ask ourselves is whether the manlift was fully operational and working properly at the time. Why did it become stuck in the first place? Lastly, Mr. Garcia-Hernandez was outside of the zone when the iron struck him. Was the exclusion zone not properly sized?

These are all questions that an attorney can help family members answer in the aftermath of a workplace death. On many construction sites, contractors and property owners skimp out on the proper safety measure because they would much rather have employees working than giving them the time to ensure that safety precautions are made. A smaller exclusion zone could have been put in place in order to give workers more space to work, but in the process, a worker loses protection on a job site.

With so many parties and variables involved, time is of the essence. The family of Mr. Garcia-Hernandez should seek legal counsel and representation as soon as possible before all parties involved attempt to mitigate this tragedy and demote it to nothing more than a simple accident. Grieving families will want justice for their loved one and an attorney can ensure that the proper and unbiased investigations take place immediately before any insurance companies attempt to downplay this unfortunate accident.

Inquiries, legal information, statements and questions relating to this workplace accident can be sent to my law firm by email submission here or by calling 1.866.705.7584.


About the Author: 

Attorney Majed Nachawati, who grew up in the D/FW metroplex, provides experienced, vigorous counsel to victims like you. That’s why Mr. Nachawati has been recognized as a Super Lawyer and Top Lawyer in Wrongful Death and Serious Personal Injury Cases across the nation. He has recovered millions for his clients and is a member of the Texas Trial Lawyers Association, the Million Dollar Advocates Forum and the American Association of Justice. To discuss your case with Mr. Nachawati, contact him by email at mn@fnlawfirm.com or by phone at 1.866.705.7584. His legal background is featured at his Super Lawyers profile.


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