Brazoria County, TX — June 24, 2024, Jose Canales Hernandez was killed as the result of a work accident at around 4:08 p.m. along F.M. 521.
According to initial details released by OSHA, the accident happened off the corner of F.M. 521/Britt Bailey Boulevard and Highway 35.
Investigators said that 26-year-old Jose Canales Hernandez was on the back of a truck trying to retrieve a Glad Hand Lock. While doing so, however, the driver of the truck proceeded to move, and Canales Hernandez was run over. Canales Hernandez died as a result.
In the OSHA investigations summary, one alleged serious citation is listed. Right now, additional details surrounding the accident are unavailable.
Commentary by Attorney Michael Grossman
Clearly there was some miscommunication that led to what happened here, and there are certain details which could make this incident a lot more complex than a typical work accident.
For example, did the truck driver and the victim work for the same company? This matters because Texas has the most complex work fatality laws in the country. If these were co-workers, then the incident likely falls within the legal maze of a work fatality, which requires a unique legal approach.
Otherwise, if these people worked for different companies, it could be that this all would be treated as any ordinary commercial vehicle accident. While that would have its own unique challenges, it’s quite a bit different than a work fatality.
There’s even the possibility this incident spans multiple legal areas, and that all is just more reason to make sure the accident gets the attention it deserves. Complex or not, families stand the best chance of getting a fair resolution when they have as much evidence and as many legal tools as possible working in their favor. Whether those steps were ever taken here remains to be seen.
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