Rodas Jerez, of Burlingame, Died After Becoming Trapped In Four-Story Hopper At PABCO Gypsum at 37851 Cherry Street In Newark
NEWARK, CALIFORNIA (January 9, 2022) – A worker identified as Rodas Jerez died after becoming stuck in a large hopper at the PABCO Gypsum in Newark.
Alameda County officials are saying that the accident took place around 3:45 p.m. on Tuesday. Powder inside of the hopper became hung up and Rodas Jerez went inside to figure out what was going on.
A large quantity of powder then fell onto the worker which trapped him. Firefighters worked for some time to extricate the victim.
They were eventually able to cut a hole in the hopper and pull Rodas Jerez out. Sadly, he was later pronounced dead.
A full investigation by Cal/OSHA remains ongoing at this time.
Liability For Newark Industrial Accidents
Despite continued improvements in workplace safety standards, thousands of workers are killed or seriously injured on the job every year. According to the Bureau of Labor Statistics, “There were 5,190 fatal work injuries recorded in the United States in 2021, an 8.9-percent increase from 4,764 in 2020. The fatal work injury rate was 3.6 fatalities per 100,000 full-time equivalent (FTE) workers, up from 3.4 per 100,000 FTE in 2020.” There are a number of steps that can be taken in order to prevent workplace accidents.
- Workers should be properly trained to identify hazards they encounter.
- Workers should be taught the correct lock-out/tag-out procedures.
- Work sites should be kept in a reasonably safe condition.
When a worker is injured or killed on the job they or their family will typically have recourse through a worker’s compensation claim. Worker’s compensation in California is based on a no-fault insurance scheme. There is no need for an injured worker or their family to demonstrate fault in order to receive benefits. Depending on the facts of any case, the family of a deceased worker may have recourse through a third party liability claim.
A third party liability claim may be possible when an entity separate from a worker’s employer contributed to an accident. For example, the company that manufactured a piece of workplace equipment could potentially be liable for an accident. A piece of workplace equipment may have lacked adequate guards to keep workers safe. There are a number of steps that should be taken after any accident at work.
- Surveillance footage should be sought.
- Eye witnesses should be interviewed.
- Medical records should be preserved.
- A thorough investigation should be conducted.
It can be hard to know where to begin after any workplace accident. But it is important that workers and their families know that they do have rights. The family of a deceased worker may be able to seek some measure of justice through a wrongful death claim. Damages in a civil claim can help cover many of the expenses that can come with the sudden loss of a loved one. A wrongful death attorney can examine all of the unique facts of your case and let you know what your legal options are.
Investigating A Newark Hopper Accident
We at TorkLaw extend our deepest condolences to the family of Rodas Jerez. Any person that may have more information about what happened should reach out to OSHA. It is our sincere hope that steps are taken to prevent other tragedies like this. Worker safety should always be the number one priority for every company.
Do you need more information about a Newark hopper accident? Our team of worker’s rights advocates are here to answer any questions that you may have. We care deeply that accident victims are aware of their rights and that those rights are being protected. Whether you just have legal questions or need any type of assistance after a workplace accident we are here for you. You can reach out to us anytime at (888) 441-4991.
