Jury awards millions to family of man killed on the job
September 29, 2009 by Fred HosierPosted in: construction safety, contractor safety, cost of safety, Fatality, In this week's e-newsletter, Latest News & Views, new court decision, Workers' comp
A jury in Illinois has awarded the family of a worker $6.74 million after he died at an Archer Daniels Midland plant in 2007.
Francisco Moreno Garcia died as the result of an incident at the ADM facility in Decatur, IL, when a waste compression system malfunctioned. He was insulating pipes 15 feet in the air when he was sprayed with steam and hot caustic chemicals.
He struggled to free himself from his harness and tumbled to the ground. Third degree burns covered 90% of his body.
He lived in excruciating pain for a day and a half before doctors decided there was nothing more they could do to save him.
Workers’ comp awarded $60,000 to Garcia’s family in Mexico. Most of that will be returned to an insurance company after the family receives payment from the jury trial.
In many workplace deaths, the family can’t sue because workers’ comp prohibits it - it’s the “exclusive remedy.”
But in this case, Garcia was working for a contractor, so the family could sue ADM. The jury award was one of the largest such judgments in Illinois history for a single man with no spouse or children.
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Tags: Archer Daniels Midland, record jury verdict, third degree burns
