A 27-year-old construction worker, identified as Joel Olea Gomez, died in a tragic accident at a project site in Scripps Ranch in the early morning of August 28th, 2024.
Gomez was from San Marcos, CA, and was working at a construction site across the street from Scripps Ranch High School Wednesday. At around 4 am, a roughly 20-foot-deep trench collapsed onto him, says the San Diego County Medical Examiner’s Office.
The trench collapse caused him to become trapped under dirt and a large concrete pipe. According to San Diego Fire-Rescue Department Deputy Chief Dan Eddy, this pipe was part of a water system project crews were installing at Hoyt Park Drive and Scripps Ranch Boulevard.
Gomez unfortunately died at the scene. Emergency personnel had to shore up the trench to prevent further collapse before they could work to remove Gomez. This process took more than four hours.
Emergency crews needed to remove dirt from the trench using a vactor truck, which is commonly used to clear storm drains. They then worked with engineers to attach a life-pulley system to a ladder truck to safely lower a fire department technical rescue team member down into the trench to recover Gomez’s body.
A second worker was also in the pit at the time the trench collapsed but was able to avoid getting trapped. Eddy said this second worker was able to get out of the trench without suffering significant injuries.
Cal/OSHA has been called to the scene and opened an investigation. Until their investigation is complete, construction in the area of the accident will be halted. It is unclear if work on the entire project will stop or just at this section.
Legal Avenues for Victims
Construction accidents, especially those involving trench collapses, can result in catastrophic injuries and even death, as seen in last week’s tragic accident. In cases like this, the surviving family of the deceased worker may have several legal options to pursue. These options may include:
- Workers’ Compensation Claims: California law generally requires employers to carry workers’ compensation insurance, which provides benefits to workers who are injured on the job, or to their families if their loved one dies due to a work-related accident. However, workers’ compensation may not cover damages such as pain and suffering or loss of companionship.
- Wrongful Death Claim: If a third party, such as a subcontractor or equipment manufacturer, is found to be negligent or contributed to creating unsafe conditions that led to the collapse of the trench, the worker’s family may have grounds to file a wrongful death lawsuit. This could provide compensation beyond what workers’ compensation offers, including for emotional suffering, loss of future earnings, and funeral costs.
- Cal/OSHA Violations: The outcome of Cal/OSHA’s investigation will be critical in determining if the employer violated any safety regulations. If safety violations are discovered, they could significantly impact liability in any potential lawsuits.
“The loss of Joel Olea Gomez is tragic, especially because it’s possible preventable safety measures could have made a difference between life and death,” says Gerald Singleton, attorney of Singleton Schreiber, “Families grieving a loved one deserve justice, whether through workers’ compensation or additional legal avenues if negligence is involved. It’s essential that the responsible party or parties are held accountable when they fail to protect workers. Our hearts go out to the Gomez family during this difficult time.”
If you’ve lost a loved one in a construction accident, contact the team at Singleton Schreiber today to learn more about how they may be able to help you. Call (619) 771-3473 or email info@singletonschreiber.com to get started today.
