Man Trapped in Machine at Sawmill Dies
Date: December 9, 2014
Location: Weyerhaeuser mill
Name: Justin Simons
Tuesday afternoon a man was trapped in a piece of machinery at a sawmill in Cottage Grove.
Justin Simons, 31, died at the scene of his injuries. When the South Lane County Fire & Rescue arrived, Simons was already freed from the machinery.
Simons died in the conveyor chain area at Weyerhaeuser. He was a 7 year employee of the mill.
We extend our condolences to the family and friends of Justin Simons.
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:
- Children (including stepchildren)
- Parents (including stepparents)
Less common claimants include:
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.
Posted on December 11, 2014, in Wrongful Death and tagged cottage grove, justin simons, sawmill, weyerhaeuser, workplace accident, workplace death, wrongful death. Bookmark the permalink. Leave a comment.