Matagorda County, TX — August 27, 2024, Toby Franks was killed as the result of a work accident at around 2:49 p.m. off County Road 133.
Preliminary details from the Occupational Safety and Health Administration say that the incident happened in an area off County Road 133 and County Road 142.
According to the OSHA investigation summary, 28-year-old Toby Franks was welding a pipe at an elevated position. While connecting a welding rod, Franks was reportedly electrocuted. It does not appear there were any other injuries.
The OSHA summary lists two alleged serious citations. Additional details about the accident remain unavailable at this time.
Commentary by Attorney Michael Grossman
Work accidents can be complex enough when there are a lot of moving parts, concerns about supervision and safety practices, and perhaps even multiple different companies working on the same site. On top of all of that, though, Texas has the most challenging work fatality laws of any other state in the country.
Despite what many assume, there isn’t always an automatic process for getting a worker’s family benefits after a fatal workplace accident. Some companies opt not to subscribe to the workers’ comp system, meaning they have their own process for what to do for a family after an accident. That process isn’t likely to prioritize the needs of a family.
This is why it’s generally best folks have as much information at their disposal as possible. The more they understand their rights and the path ahead of them, the more likely they’ll be able to navigate a legal maze and get a resolution that’s fair to them.
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