SAN DIEGO — A 58-year-old construction worker was killed Tuesday when the aerial-platform machine he was operating toppled over at an equipment yard, authorities reported.

The fatal accident occurred as the man was unloading the boom lift — a type of apparatus sometimes called a “cherry picker” — from a flatbed truck at the lot in the 800 block of Hollister Street in the Palm City neighborhood shortly before 11:30 a.m., according to the San Diego Fire-Rescue Department.

The machine tipped over and fell to the ground after one of its wheels slipped off the the edge of the truck while the worker operated it from inside its extendable basket, SDFRD spokesman Maurice Luque said.

The man, who would have turned 59 on Saturday, died at the scene. His name was withheld pending notification of his family.

The state Division of Occupational Safety and Health, or Cal/OSHA, will investigate the fatality.

Beyond Workers’ Comp

Many injured construction workers assume they are only able to receive workers’ compensation benefits for injuries on the job site.  A careful analysis of the accident by an attorney experienced in construction injury claims may reveal other sources of financial compensation.  If an employee of another subcontractor was responsible for the falling debris that injured you, we may pursue an injury claim against his or her employer, for example.  A general contractor who failed to maintain a safe workplace may also be liable.

The Law Offices of Gary A Kessler have a long history of winning impressive results for construction injury victims and the family members of those who died a wrongful death due to construction accidents.

Demand accountability from those responsible for the dangerous conditions of the construction site accidents.  Many times the insurance companies will play “hardball” if you try to settle the case yourself or you have employed a lawyer who does not have the litigation experience to handle such a complex case.  We at the Law Offices of Gary A Kessler have twenty years of litigation experience and know how to handle the insurance companies to your advantage.  We are prepared to front all costs required for the necessary investigation and expert witnesses needed to prepare your case for trial.

The laws regarding construction accident cases are complex and include many facets of the law. It is vital to surviving family members to seek the advice of an experienced construction accident lawyer such as Gary A Kessler at the Law Offices of Gary A Kessler to protect your rights and those of your loved ones.

California construction accident attorney Gary A Kessler and the Law Offices of Gary A Kessler are compassionate and fully understand that you are attempting to cope with extreme serious injuries associated with a construction site accident.  Such accidents can lead to catastrophic injuries or even death.  The Law Offices of Gary A Kessler carefully selects its wrongful death and construction accident cases so that we may give you (the client) the substantial personal attention neccessary to obtain a successful result for your case.

The Law Offices of Gary A Kessler is prepared to front all costs required for a thorough investigation and top expert witnesses to prepare for trial of your case.  As in all construction accident and serious personal injury cases, we advance all legal costs to prepare and present our client’s claim, and receive for our services only a percentage of what we recover for our attorney fees on their behalf.  Upon settlement our costs shall be reimbursed to us from the gross recovery.  If there is no recovery, no attorneys fees or costs are owed to our firm. Contact the Law Offices of Gary A Kessler today so we can preserve the evidence and demand compensation and accountability from the responsible party!