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November 2, 2010

Worker Killed by Falling K-Rail in Colton

k-rail.jpgA 65-year-old Valley Center man working on a street repair crew was critically injured by a falling K-rail and died a short time later at Loma Linda University Medical Center., the Press-Enterprise reported. The accident occurred on the 400 block of East Washington Street in Colton, at about 10:15 a.m. on Monday, November 1, 2010. The victim, identified by the San Bernardino County Sheriff-Coroner as Dirk Vamoorot, died at 11:08 a.m. The cause of the industrial accident is under investigation by the San Bernardino County District Attorney's Office and Cal-OSHA. Based on the news reports of the incident in the Press-Enterprise and San Bernardino Sun, it is unclear what happened to cause Vamoorot to become crushed. At this point, there are more questions than answers as to what happened and who was responsible. Was this accident caused by another worker who wasn't paying attention, or did equipment malfunction? Hopefully, the investigation will yield answers as to what happened and who was ultimately responsible.

Work Injury Wrongful Death Liability

In this situation, Vamoorot's family will likely be entitled to worker's compensation benefits from his employer. However, worker's compensation benefits are inadequate to fully compensate family members for funeral and burial expenses, anticipated lifetime earnings, and loss of love, care, and companionship. While this accident is under investigation, the family of the victim would be well-advised to contact a California construction accident attorney who specializes in representing families of victims of fatal construction accidents. A skilled lawyer can review the accident, and determine who may be liable in a third-party negligence claim - employers, contractors, and even government agencies. These are specialized wrongful death claims with unique and often challenging liability issues. However, an action outside of worker's compensation benefits can substantially compensate the family for their loss and hold whoever was responsible for this accident financially accountable.

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