Tualatin Worker Dies After Being Struck By Large Metal Plates

Date: October 6, 2014

Location Pro Saw Tualatin

Name: Unavailable

Tualatin Worker Dies After Being Struck By Large Metal Plates

forklift in front of production hall

On Monday morning a 27-year-old man was hit by large metal plates while working at a Tualatin manufacturing business and died later that day.

An Oregon Occupational Safety and Health Association spokeswoman said the investigation could take up to six months to figure out what caused the incident.

A worker was using a forklift to move three 20-foot by 9-inch metal plates when some of them slipped off the machinery and struck the man. He sustained a head wound and other injuries and was sent by Life Flight helicopter to Legacy Emanuel Medical Center where he later died.

The business, Pro Saw, was previously fined in July 2013 by Oregon OSHA after they discovered a forklift operator had not received proper training. Pro Saw also received four other violations and citations in November 2011 for issues related to machine safeguarding.

We extend our deepest sympathies to the family and friends of the dead man.

Oregon wrongful death claims are allowed under ORS 30.010-30.100. But the law is much more complicated than a normal accident case. First of all, the statute of limitations (time limit on filing a claim) is different. For most car accidents, the SOL is 2 years, but for wrongful death, the SOL is “three years after the injury causing the death . . . is discovered or reasonably should have been discovered. . . .” In other words, it’s not three years from the date of death; it’s three years from the date of the original injury that ultimately caused the death.

Additionally, there are limits on who can bring a wrongful death claim. The most common claimants are:

  • Spouses
  • Children (including stepchildren)
  • Parents (including stepparents)

Less common claimants include:

  • Grandchildren
  • Siblings
  • Grandparents

In a wrongful death case, you can ask for compensation for several types of damages as well.

Compensatory damages include.

  • Charges for medical services;
  • Charges for burial and memorial services;
  • Compensation that the decedent would have been entitled to for disability, pain, suffering and loss of income during the period between injury and death;
  • Compensation for “pecuniary loss” to the decedent’s estate;
  • Compensation for the loss of the decedent’s “society, companionship and services” to the decedent’s spouse, children, stepchildren, stepparents, and parents;

Punitive damages are allowed as well, but are rare in Oregon since the State takes 70% of punitive damages awarded. If you have lost a loved one, call a Portland wrongful death attorney for help in securing the compensation you deserve.

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About Sean DuBois

Sean is a personal injury attorney in Portland, OR. He has been recognized by Super Lawyers Magazine as Oregon Rising Stars for the past four years because of his dedication to justice and fair compensation for his clients. If you need to speak with a lawyer about your injury case, Sean can be reached at 503-222-4411.

Posted on October 7, 2014, in Portland personal injury attorneys and tagged , , , , , , , , , , . Bookmark the permalink. Leave a comment.

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