Brownsville, TX — February 12, 2025, Jose Herrera Castelan was fatally injured due to a construction machinery accident off of Padre Island Highway.
According to preliminary information released by the accident, it happened early Thursday in the 4600 block of Padre Island Highway/TX-48, just off the intersection with Boca Chica Boulevard.
Investigators said that 35-year-old Jose Herrera Castelan was on a construction site at the time. Somehow, Herrera Castelan became caught in or under a dirt compaction machine, reports say. Rescue teams worked to assist Herrera Castelan. However, Herrera Castelan’s injuries ultimately proved fatal.
There’s no mention of any other injuries at this time. Investigators have not specified a cause for the accident.
Commentary by Attorney Michael Grossman
After any fatal work accident, there is a tendency for people to just hand-wave the whole thing and assume OSHA has things covered. The problem, though, is that their priorities don’t necessarily align with getting a worker’s loved ones the answers they need.
Texas has the most complex work fatality laws of any other state in the country. It’s a legal maze that doesn’t necessarily guarantee that a family will get much needed benefits following an accident. That means they may need particular legal strategy and evidence to navigate that maze, and OSHA alone isn’t likely to provide that.
So while officials may be looking into what happened here, there may yet be additional steps that need to be taken to ensure those affected by this accident actually get a fair resolution.
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