Laredo, TX — September 12, 2024, Jose Isabel Hernandez was killed following a work accident at 8:20 a.m. at the Manadas Creek Wastewater Treatment Plant
Authorities said in preliminary statements that the accident happened during construction work at the treatment plant, which is located off Tejas Loop.
According to current details, 70-year-old Jose Isabel Hernandez was working at the site for PLW Waterworks at the time. In a series of events unclear, it appears Hernandez possibly fell into a well that filled with water, and it ultimately led to Hernandez drowning. There did not appear to be anyone else hurt in the accident.
Commentary by Attorney Michael Grossman
While the cause of the accident remains unclear, work accidents are almost always a significant challenge here in Texas. People tend to think that OSHA and workers’ comp handles everything, but that’s not always true.
Texas work fatality law is the most complex of any other state in the country due to the fact there is no guarantee that workers’ comp will apply to an accident. Some companies opt out of the system, which can lead to a worker’s family seeking benefits from a company under no obligation to provide them. This can create issues when a family expects certain guarantees after an accident only to find they have to fight for the help they need.
Other times, the cause of an accident can be so egregious that it allows a family to see an employer held accountable beyond the typical confines of workers’ comp restrictions. This, too, can create an adversarial relationship between a worker’s loved ones and employers whose number one priority is to avoid responsibility.
All of this can create a legal maze for families already dealing with more than anyone should have to go through alone. They can see a fair and just resolution to their situation, but hurdles can become barriers if there aren’t steps taken to adequately prepare for the inherent challenges of a fatal work accident in Texas.
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