Concho County, TX — September 2, 2024, Jonary Graciano was fatally injured due to an electrocution accident at a wind farm off Highway 83.
Investigators with the Occupational Safety and Health Administration say that the accident happened near the intersection of U.S. 83 and County Road 4110, north of Eden.
It appears that 30-year-old Jonary Graciano was working on a wind turbine at the time. While doing so, Graciano was somehow electrocuted. OSHA did not mention anyone else being injured.
In the OSHA summary, there currently appear to be two alleged “serious” violation citations. Right now, additional details about the accident remain unclear.
Commentary by Attorney Michael Grossman
To be rather blunt, OSHA listing a couple of recommended penalties doesn’t make a work fatality any less complex. This is mostly due to the fact that work fatality laws in Texas are more complex than in any other state in the country. People tend to think there is an automatic process for getting a victim’s loved ones benefits, but that’s not always true.
Employers in Texas are not required to subscribe to the workers’ compensation system, so families are sometimes left with the daunting task of either being at the mercy of the victim’s employer or making their own case for a resolution they feel most fairly meets their needs. That takes a lot of evidence and legal strategizing beyond anything OSHA is going to prioritize on their own.
So while it’s not clear what went wrong here, there will no doubt be hurdles for the victim’s loved ones to contend with. That’s why it’s important people take steps early on to anticipate these potential hurdles and the steps they’ll need to take to overcome them.
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