Dive Brief:
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The brother of a worker killed in a storefront collapse at an unpermitted Chicago job site in 2014 has filed a lawsuit seeking more than $150,000 in damages from the roofing company who employed the worker, according to the Chicago Sun-Times.
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Salvador Tapia's legal action alleges that his 44-year old brother, Roberto Tapia-Gonzalez, died because unlicensed contractor Pedro Hernandez Roofing created a hazardous workplace. Tapia also named the owner of the site and Marquette Bank as defendants in his negligence suit.
- Two other workers were injured in the collapse, and the Chicago Department of Buildings said it issued violations at the site in the days after the death of Tapia-Gonzalez. According to the Sun-Times, the Occupational Safety and Health Administration investigated the accident as well.
Dive Insight:
Often when a worker is killed or seriously injured on the job, a family member or friend will step in and file a civil lawsuit against the owner contractor or other related parties. This is especially true if there are claims of safety issues on behalf of project officials.
For example, in February, a jury awarded $54 million to the family of a construction worker killed while demolishing concrete at the $540 million Texas A&M Kyle Field renovation in 2013. Angel Garcia, who was employed by Lindamood Demolition, was using a loader to catch demolished concrete when a large piece tipped the machinery, causing Garcia to fall four stories. The jury assigned 75% of the liability to general contractor Manhattan-Vaughn and 25% to Lindamood.
In July, a California jury awarded more than $16 million to the family of a construction worker killed after he fell 30 feet while trying to build a wall at a wastewater treatment plant in Los Angeles. Atlas Construction Supply was found 55% liable for not providing adequate plans and specifications necessary to properly secure the wall's form structures, while the worker's direct employer was found responsible for 45%.
In another July case, an injured worker's representative sued several contractors working on the Atlanta Falcons' Mercedes-Benz Stadium after the worker was hurt trying to move a 42-foot shoring tower. According to the lawsuit, Sonny Rogers, an employee of one of the project's subcontractors, was permanently disabled because supervisors did not follow the manufacturer's instructions on how to properly move the tower. The suit asked for lost and future wages, $4 million for medical costs already incurred and a monetary award to cover future medical services.