A holiday chore ended in tragedy in Leeds this weekend. A 70 year old Trussville man died on Sunday, October 18, after he fell from a bucket lift while hanging holiday lights outside the Bass Pro Shops store, according to reports from WBRC, WVTM 13 and 1819 News.
Our hearts go out to his family, his friends and his coworkers. This story is a hard reminder that a job many of us picture as festive can carry real danger.
What Happened at the Leeds Bass Pro Shops
According to 1819 News, the Jefferson County Coroner said the man was installing exterior Christmas lights when he fell from a bucket lift. Leeds police responded at 4:20 p.m., and he was pronounced dead at 4:49 p.m. 1819 News reported that he was a Bass Pro Shops employee.
WVTM 13 reported that it is not yet clear how he fell. Leeds police are investigating. The news reports we reviewed did not include a statement from Bass Pro Shops and did not say whether federal workplace safety officials are involved.
We do not know what caused this fall, and we will not guess. Investigators will work to answer that question.
Why This Story Matters to Alabama Workers
This is the time of year when stores, offices, churches and neighborhoods start hanging lights and decorations. Much of that work happens high off the ground, on ladders, rooftops and lifts. Many of the people doing it are store employees or seasonal workers who may use a lift only a few times a year.
A fall from height can change a family forever in a matter of seconds. That is why federal safety rules spell out how aerial lifts should be used. In its aerial lift fact sheet, the U.S. Occupational Safety and Health Administration (OSHA) says:
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Only trained and authorized people should operate an aerial lift, and they should show they can run it before using it on the job.
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The lift should be inspected before each work shift, and a lift with defective parts should not be used until it is repaired.
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Workers in a bucket or basket should wear a body harness or restraining belt with a lanyard attached to the boom or bucket.
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Workers should stand firmly on the platform floor and should not climb on or lean over the guardrails.
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The lift should not be used in winds above what the manufacturer recommends.
The Legal Issues in Plain Language
An Employer Must Provide a Safe Workplace
Under federal law, employers have a duty to keep their workplaces free of recognized hazards that are likely to cause death or serious harm. For work at height, that usually means the right equipment, proper training, regular inspections and fall protection that workers actually use.
Workers Compensation in Alabama
When a worker is hurt or killed on the job in Alabama, workers compensation is usually the main way to receive benefits from the employer. These benefits can include medical care, part of lost wages and, after a death, benefits for dependents. Workers compensation generally does not require proof that anyone was at fault. In most cases, it also limits a worker from filing a regular injury lawsuit against the employer.
Claims Against Other Companies
Sometimes another company shares responsibility. A lift may have a design or manufacturing defect. A rental company may have supplied equipment that was not properly maintained. An outside contractor may have set up the work in an unsafe way. In those situations, a separate claim against that company may be possible, in addition to workers compensation.
Investigations Take Time
Employers are generally required to report a work related death to OSHA within eight hours. Police reports, safety inspections, equipment records and witness statements can all help explain what went wrong. Families often learn the full story only after these records are gathered.
What to Do If You or a Loved One Is Hurt in a Fall at Work
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Get medical care right away, even if the injury seems minor.
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Report the injury to your employer in writing as soon as you can.
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Write down what happened, the time, the equipment involved and the names of anyone who saw it.
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Take photos of the lift, the work area and your injuries if it is safe to do so.
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Keep copies of medical bills, pay stubs and any letters from the employer or an insurance company.
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Be careful about signing statements or releases before you understand your rights.
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Talk with a lawyer early. Deadlines to file can be short, and evidence can disappear.
Frequently Asked Questions
Can I sue my employer if I fall from a lift at work in Alabama?
In most cases, an Alabama worker hurt on the job receives benefits through workers compensation instead of suing the employer directly. However, if a lift maker, rental company or other outside business helped cause the fall, a separate claim against that business may be possible.
What safety rules apply to bucket lifts and aerial lifts?
OSHA guidance says only trained and authorized workers should run aerial lifts. Lifts should be inspected before each shift, workers should wear a harness or restraining belt with a lanyard tied to the boom or bucket, and workers should stay on the platform floor.
What benefits can a family receive when a worker dies on the job in Alabama?
Alabama workers compensation can provide death benefits to dependents and help with funeral costs. If a company other than the employer was at fault, the family may also have a separate wrongful death claim. Deadlines to file can be short, so families should get advice early.
Talk With Heninger Garrison Davis
If you or someone you love was hurt in a similar situation, the team at Heninger Garrison Davis can help you understand your options. Call for a free consultation.
Disclaimer
This article is for general information only and is not legal advice. Reading it does not create an attorney client relationship. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.
