Austin County, TX — December 5, 2024, Richard DeLuna was killed following a work accident which took place around 4:01 p.m. along FM 949.
Details from OSHA say the accident happened south of Cat Spring near the Austin County and Colorado County line.
According to officials, 38-year-old Richard DeLuna was digging post holes using machinery. In events unclear, it appears Richard DeLuna became caught in the machinery, resulting in fatal injuries. There did not appear to be anyone else injured in the accident.
While specifics remain unconfirmed, OSHA alleged two violations and recommended a penalty. Their case status is still listed as “open” at the time of writing.
Commentary by Attorney Michael Grossman
With any fatal work accident, it’s important to keep in mind that the paths which families must take and the path that OSHA takes don’t entirely overlap. Some of the evidence my be important for both, but OSHA has their own priorities they worry about. A lot of people think there’s an automatic process for authorities to find violations, issue fines, and get families their benefits. The reality is Texas has the most complex work accident fatality laws in the whole country. There isn’t always a guarantee of answers or benefits, and many families have to have independent professionals on their side making sure they can navigate that legal maze. So while some of the details in these OSHA statements are obviously concerning, they’re likely just the beginning of a much larger story.
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