A recently filed lawsuit claims that faulty machinery at Tesla’s Giga factory close to Austin, Texas, electrocuted and killed a 46-year-old man.
The complaint alleges that 46-year-old Victor Gomez Sr. was killed on Aug. 1, 2024, while tasked with inspecting electrical panels at the facility.
The victim’s family claims in the lawsuit that one of the panels had been “improperly energized.” The court filing said that Gomez, an electrician, was immediately electrocuted after he came into contact with a panel that was already energized.
The father of seven was pronounced dead on arrival at a local hospital the same day.
Safety Issues at Tesla’s Giga Factory in Texas
The Daily Mail reports that this incident involving fatal electrocution was not the first worker death at the facility. In a separate incident, a robot attacked a Tesla engineer at the Giga factory during a brutal and bloody malfunction.
The Giga factory has over 10 million square feet of floor space, which is the size of 100 football fields. Tesla decided to operate portions of the factory even as the rest was still being built. Some claim this policy has increased worker injuries at the location.
Lawyers for Victor Gomez’s family also called for the court to require Tesla to preserve all internal and external surveillance from the date of the fatal workplace accident.
The Daily Mail reports that the U.S Occupational Safety and Health Administration (OSHA) has confirmed that it intends to open an investigation into the causes of the victim’s death. OSHA is, however, not releasing any further information until the investigation is concluded.
Other issues have been associated with Tesla’s Giga factory. In 2022, the nonprofit Workers Defense Project filed a complaint with OSHA on behalf of workers at the facility.
The complaint alleged that the company’s contractors and subcontractors provided some hires with false safety certificates. Instead of giving workers proper training, they were simply sent PDF files or images of certificates via text or WhatsApp, according to an attorney.
The Daily Mail reports that one out of every 21 workers at Tesla’s Giga Texas factory was injured on the job in 2022.
Key OSHA Training Requirements for Workers
The Occupational Safety and Health Administration (OSHA) sets strict requirements for safety training to ensure that workers are protected from hazards in the workplace.
OSHA mandates that employers provide comprehensive and understandable safety training tailored to the specific risks of the job.
OSHA requires that all workers exposed to hazards receive proper training. This includes training on specific risks related to chemicals, machinery, fire, falls, and other job-specific dangers.
For example, workers handling hazardous chemicals must be trained under OSHA’s Hazard Communication Standard.
OSHA emphasizes that training must be provided in a language and format the worker comprehends. This ensures that language barriers do not prevent workers from understanding crucial safety procedures.
In addition, the training should be relevant to the actual workplace environment and include hands-on instruction. For high-risk jobs, like construction or electrical work, training must cover personal protective equipment (PPE), safe work practices, and emergency procedures.
In certain industries, OSHA requires periodic refresher training, particularly if new hazards arise or equipment is updated. Employers must keep accurate records of all training sessions to prove compliance.
Failure to provide adequate training can result in fines and increased liability for workplace injuries.
If You Have Suffered an Injury on the Job Due to Defective Equipment
The following actions can safeguard your health, rights, and potential claims if you suffer an injury due to defective equipment at work:
- Seek immediate medical attention. Your health is the top priority. Get medical care as soon as possible, even if the injury seems minor. Prompt treatment can prevent complications and create a medical record documenting the injury, which is crucial for any claims you might file.
- Report the injury. Notify your employer or supervisor about the injury right away. Most states, including California, require that workplace injuries be reported within a specific timeframe to be eligible for workers’ compensation. In California, you are required to report a workplace injury within 30 days of the accident or injury. Failing to report the injury could jeopardize your ability to claim benefits.
- Document the incident. Take notes about how the injury occurred, including details about the defective equipment. If possible, take photos of the equipment and the scene of the accident. Gather witness statements if anyone saw the incident happen.
- File a workers’ compensation claim. Workers’ compensation typically covers medical expenses and lost wages related to the injury. Submit a claim with your employer’s workers’ comp insurance.
- Consider a third-party lawsuit. You might be able to file a product liability lawsuit if a manufacturer’s negligence led to the defective equipment. Contact an experienced workplace injury attorney to explore potential claims against the equipment manufacturer or other third parties.
Third-Party Claims Relating to Work Injuries Caused by Defective Products
A third-party claim in a defective product work injury case refers to a legal action taken against a party other than your employer, typically the manufacturer, supplier, or distributor of defective equipment that caused your injury.
While workers’ compensation generally covers work-related injuries, it does not allow you to sue your employer for additional damages like pain and suffering. However, if a third party’s negligence contributed to the accident, you may be able to file a lawsuit to seek further compensation.
In this case, where a person has died due to alleged negligence, their surviving family members may have a wrongful death case.
When a Third-Party Claim Applies
If a piece of equipment or machinery you were using at work was defective, you can pursue a product liability claim against the company responsible for the defect.
Typical defects include design flaws, manufacturing defects, or a failure to provide proper warnings or training. This third-party claim can cover damages beyond workers’ compensation benefits, including but not limited to:
- Expenses for medical care that workers’ compensation does not fully cover.
- Loss of wages or earning capacity.
- Pain and suffering.
- Emotional distress.
To pursue a third-party claim, you must prove that the defective product directly caused your injury and that the third party was negligent. Consulting a personal injury attorney at Bisnar Chase can help you navigate this process and ensure you receive maximum compensation.
Source: https://www.dailymail.co.uk/sciencetech/article-13728405/Texas-Tesla-father-dead-electrocuted-Austin-Giga-Elon-Musk.html
