Efren Monterroso, 64, died of severe personal injuries suffered on-the-job after he apparently got trapped in a trash compactor in a Los Angeles factory in the North Hills area on October 23, 2009. According to an Associated Press news report, emergency personnel responded at 8201 Woodley Avenue and found Monterroso dead at the scene. He was inside the trash compactor when it somehow turned on. Authorities are investigating what caused this tragic accident. Another article in the Los Angeles Times states that the compactor was crushing cardboard at the time of the fatal accident. Officials did not release the name of the business where Monterroso worked.
I offer my deepest condolences to the family and friends of Efren Monterroso for their tragic and heartbreaking loss. Please keep them in your prayers.
What Caused the Fatal Job Injury?
Based on these news reports, it’s not clear what happened here and how and why this worker got into the compactor. I trust authorities are speaking with other employees and any witnesses to the incident. Meanwhile, there are a number of questions here. What was Monterroso doing at the time of the accident? Was this accident caused by a defective product or any type of malfunction in the equipment that Monterroso was using? Was Monterroso trained in the operation and maintenance of the compactor? Was this accident the result of someone else’s negligence? In any work injury incident, it is extremely important to ask these questions so we get all the facts.
In this case, Monterroso’s family is likely to get California worker’s compensation benefits from his employer. However, it must be noted that worker’s compensation benefits are terribly inadequate and will not properly compensate this family for the loss of a primary wage-earner, not to mention a beloved family member.
Possibility of a Third Party Claim
If I were representing this victim’s family, I would look into whether there is a “third party claim here. A third party claim is one that is filed against a responsible party other than the employer. A third party could be a contractor or sub-contractor or the manufacturer of a defective product, which may have caused the fatal accident. Such claims are worth a lot more than worker’s compensation benefits to victims’ families. An experienced Los Angeles personal injury lawyer will be able to advise the Monterroso family about their legal rights and options and make sure they get fair compensation for their terrible loss.
The Bisnar Chase Personal Injury Attorneys is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well.