San Antonio, TX — August 15, 2024, Johnny McShan Sr. was killed as the result of a work site accident off of Northwest Loop 410.
The Occupational Safety and Health Administration released an investigation summary saying the incident happened in the area of the Walmart Supercenter located at 5025 Northwest Loop 410.
Details are scarce at this time. OSHA officials say that 54-year-old Johnny McShan was on the job when he somehow fell through ceiling tiles. As a result, McShan sustained fatal injuries. There were no other injuries reported.
The OSHA summary lists two alleged citations, one of which is labeled “Serious.” Additional details are unavailable right now.
Commentary by Attorney Michael Grossman
One common mistake I encounter a lot is people assume that there is automatically a process following fatal work accidents where OSHA does their investigations, and the victim’s loved ones get their benefits. In Texas, things aren’t always that simple. That’s because we have the most complex work fatality laws in the whole country.
Employers are not required to subscribe to the workers’ comp system. This means families sometimes find themselves opposite a company that’s going to prioritize their own needs over the needs of the worker’s loved ones. Getting a resolution that’s fair to the family can require having access to the evidence, legal tools, and experienced allies necessary to keep them on a balanced scale.
So while OSHA may have taken steps to find out what went wrong here, that may only scratch the surface of what it will take to get the worker’s loved ones a just conclusion.
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