These two cases involve a workers’ compensation death claim for the spouses or other dependents such as the children. Dependents might also include a mother or father or even an aunt who is actually dependent on the worker who was killed. Proof of dependency is necessary, but for a spouse or child that proof is a filed tax return. For others the proof is more difficult. We are skilled in presenting the type of evidence that is necessary to prove a death case in Iowa for workers’ compensation benefits. Call us if we can help you with your claim.
One Dead, One Injured in Accident at Fertilizer Plant Construction Site
Arturo Castor-Cavanzon, 44, of Tecumseh, Nebraska died on March 19th when he and another employee worked inside a tower. CF Industries reports that a problem occurred and Castor-Cavonson lost consciousness and fell in the tank. By the time he was rescued, he had succumbed to his injuries. Another employee was injured in the incident and was transported to a Sioux City hospital for treatment.
Attorney Lombardi’s Comments: People don’t normally just lose consciousness without some impact to the head, inhaling fumes or suffering a heart attack or a stroke. The OSHA inspection report will likely shed light on the cause of the worker’s sudden loss of consciousness, although the family may need to wait for the toxicology reports to come back from the Iowa Medical Examiner’s office.
Honduran Man Killed in Construction Accident
Yoni Alexy Miranda-Flores, 28, was killed on March 28 in a construction accident. The workers were resurfacing the Skunk River Bridge on US 34 when Miranda-Flores, from the Honduras, fell into the river, 20 feet below. His body was located Tuesday morning, approximately 60 yards from where he fell.
Attorney Lombardi’s Comments: If he fell 20 feet then fall arrest safety equipment was required. They call it fall arrest for a reason. This case likely has both workers’ compensation and third-party liability associated with it. If workers’ compensation, then commuting the death benefits will be a consideration.