Over the past decade the death toll of Latino workers, many of them immigrants, has been on the rise.  Latino immigrants are particularly likely to work  inherently dangerous jobs such as construction and meatpacking. In the construction field their death rate is much higher than non-Latinos. Despite the perceived anti-immigrant sentiment in the United States, a recent jury verdict demonstrates that people have much sympathy for hard working immigrants. On March 23, 2007, Francisco Moreno Garcia was working for a subcontractor at the Archer Daniels Midland (ADM) bio-products plant in Decatur, Ill. insulating pipes 15 feet in the air. A waste compression system malfunctioned spraying Garcia with steam and hot caustic chemicals. For the next day and a half doctors tried  to save him but he was burned over 90% of his body and died. On September 11, 2009 a mostly white jury awarded  Garcia’s parents and siblings back in Mexico 6.7 million dollars.  Although Garcia’s family received only a $60,000 death benefit from the workers’ compensation insurance company for Garcia’s employer, Garcia’s estate filed a civil case against ADM. As is frequently the case, companies hire subcontractors to insulate themselves from liability hoping that an injured employee will collect meager workers’ compensation and not seek any further recourse. This was not the  case for Garcia’s estate as their attorney convinced the jury that ADM should be held accountable for the faulty equipment that caused Garcia’s death. This verdict also demonstrates that the life of a immigrant construction worker is worth as much as a wealthy white American.

Seven states now have laws that require construction workers to complete the OSHA 10-hour construction safety course before they can work on certain construction projects.  The states with an OSHA law in effect are Massachusetts, Connecticut, New Hampshire, Rhode Island, New York, Missouri and effective January 1, 2010, Nevada. Of these states, only Nevada will require construction workers to complete the OSHA course before working on any construction.  The other states only require OSHA training on publicly funded projects. The OSHA 10-hour construction safety course was developed by the federal Occupational Health and Safety Administration (OSHA) as a voluntary safety course to teach workers about the hazards of construction work and the regulations that apply to worksites.  The OSHA 10-hour course can only be taught by instructors who are authorized by OSHA to conduct this training. Some large construction companies have their own authorized OSHA trainer on staff. There are also private safety consultants that conduct this training for a fee to companies or group.

The National Institute for Occupational Safety and Health (NIOSA) a division under the U.S. Centers for Disease Control (CDC) believes the construction industry is one of the most dangerous industries for workers in America. The only industries more dangerous than construction are mining and agriculture. A shocking fact is that 15.2 construction workers per 100,000 die every year in work related deaths. With over nine million people employed in construction, the industry only accounts for 6% of workers in the United States yet accounts for 20% of all work related deaths.  Throughout the U.S. falls are the number one cause of construction fatalities with approximately 550 workers dying every year. These statistics comport with our representation of workers and their families at California Construction Accident Attorneys.  The majority of cases we have handled involve construction accident falls. We are currently handling a very serious construction accident case involving a surveyor who fell 22 feet due to the collapse of a vent shaft cover. In our experience there is not a single trade that does not expose workers to the danger of falls.