18-Year-Old Worker Dies in Santa Ana Machinery Accident – What Families Should Know About Workers’ Compensation

• Sep 26, 2018
• Blog
• Michael Burgis & Associates, P.C

Families who see their loved ones off to work in the morning, never to see them again, naturally experience incredible trauma. In many cases in California, fatal workplace accidents affect not just families but entire communities.

Such fatalities feel even heavier when the deceased worker is not even 20 years old, with his or her whole life ahead.

The Santa Ana Workplace Fatality

Authorities recently reported such a fatality in Santa Ana. The Orange County Fire Authority responded to the premises of Aardvark Clay and Supplies after receiving an emergency call.

According to an incident report:

• An 18-year-old employee was trapped in the equipment used to mix clay.
• The cause of his entanglement was not reported.
• Four of his coworkers discovered the accident but were unable to free him.
• By the time rescue workers arrived, the young man had already died.
• It took the technical rescue team nearly a full day to remove the body from the machine.

This case highlights the devastating consequences of equipment-related fatalities, which are often preventable through proper training, machine guarding, and compliance with California safety laws.

Cal/OSHA Investigations After Fatal Accidents

Fatal accidents like this automatically trigger an investigation by the California Division of Occupational Safety and Health (Cal/OSHA).

What Cal/OSHA Examines:

• Whether the employer had a compliant Injury and Illness Prevention Program (IIPP) (Labor Code §6401.7).
• If proper training was given on machine operation and emergency response.
• Whether lockout/tagout (LOTO) procedures were in place for machinery.
• Compliance with machine guarding standards under OSHA 29 CFR 1910.147.

Violation Classifications and Penalties:

Cal/OSHA may issue citations in categories such as:

• General: Minor violation, unlikely to cause serious harm.
• Serious: High probability of death or severe harm.
• Willful: Employer knowingly ignored safety rules.
• Repeat: Same employer cited for a prior violation.

For fatal accidents, penalties can range from $18,000 to $ 150,000 or more, depending on the classification.

While these fines hold employers accountable, they do not provide direct financial relief to families — that comes through the workers’ compensation system.

Understanding “Caught-In/Between” Accidents

This tragedy falls under OSHA’s classification of a “caught-in/between accident” — one of the Fatal Four workplace accident types (the others are falls, struck-by incidents, and electrocutions).

How They Happen:

• Lack of machine guarding.
• Inadequate training in safe operating procedures.
• Failure to enforce lockout/tagout before maintenance.
• Loose clothing or improper positioning near moving parts.

These accidents are preventable, which is why both OSHA and Cal/OSHA strictly regulate industrial machinery operations.

Workers’ Compensation Death Benefits in California

Families of workers killed on the job are entitled to death benefits under California Labor Code §§4700–4709.

Breakdown of Benefits:

1. Burial Allowance: Up to $10,000 in funeral and burial expenses.
2. Wage Replacement Benefits:
   • Total Dependents (spouse, children) receive weekly wage replacement benefits.
   • Partial Dependents (such as elderly parents, siblings, or others who are financially supported) may also qualify.
3. Duration of Benefits:
   • Spouse without children: Benefits continue until remarriage.
   • Spouse with children: Benefits continue until children turn 18 (longer if disabled).
   • Children: Benefits until age 18 (or indefinitely if disabled).

These benefits aim to alleviate the financial burdens of monthly expenses, including rent, mortgage, utilities, and everyday living costs.

The Workers’ Compensation Appeals Board (WCAB)

When disputes arise, such as delayed or denied death benefits, families may appeal to the Workers’ Compensation Appeals Board (WCAB).

• Role: A judicial body with district offices across California.
• Function: Resolves disputes between injured workers’ families, employers, and insurers.
• Process: Hearings, appeals, and reconsiderations.

Because insurers often attempt to minimize payouts, legal representation before the WCAB is critical to securing full benefits.

Fatal Workplace Accidents: Historical Context

This tragedy is part of a larger pattern:

• In 2021, Cal/OSHA recorded 462 workplace fatalities in California.
• Nationally, the Bureau of Labor Statistics’ Census of Fatal Occupational Injuries (CFOI) reported over 5,190 fatalities in the same year.
• Young workers (ages 16–24) are disproportionately affected due to inexperience and lack of training.
• Machinery entanglement remains one of the leading causes of industrial fatalities.

By understanding these statistics, we see that Santa Ana is not an isolated case but part of a systemic workplace safety issue.

Employer Responsibilities Under California Law

California employers are legally required to:

• Implement and enforce a written Injury and Illness Prevention Program (IIPP).
• Provide machine guarding and safe work procedures.
• Train employees on lockout/tagout protocols.
• Maintain proper OSHA Form 300 injury and illness records.
• Report fatalities to Cal/OSHA within 8 hours.

Failure to meet these standards exposes employers to OSHA penalties and civil liability.

Third-Party Liability in Fatal Cases

While workers’ compensation is typically the exclusive remedy, some cases allow for third-party liability claims.

Examples:

• If a machine manufacturer failed to include safety guards or proper warnings.
• If a contractor on site contributed to unsafe conditions.
• If the fatality occurred due to a defective product.

Unlike workers’ comp, these lawsuits may also provide compensation for pain and suffering.

Why Legal Help Is Essential

Losing a loved one is devastating, and navigating California’s workers’ compensation death benefits system is complex. Families often face denials, delays, or reduced benefits.

An experienced attorney can:

• File for burial and dependency benefits under Labor Code §§4700–4709.
• Challenge insurer denials at the WCAB.
• Investigate third-party liability claims.
• Maximize the financial compensation families receive.

At Michael Burgis & Associates, we provide compassionate, aggressive representation for grieving families.

Frequently Asked Questions (FAQs)

1. Who qualifies for workers’ compensation death benefits in California?

Spouses, children, and other dependents (including elderly parents or siblings if partially supported).

2. How much does workers’ comp pay for funeral expenses?

Up to $10,000 in California.

3. How long do death benefits last?

• Until children turn 18 (longer if disabled).
  Until spouse remarries (if no dependent children).

4. What if the deceased worker was undocumented?

Undocumented workers’ families are still entitled to workers’ compensation benefits in California.

5. Can OSHA fines increase my family’s compensation?

No — OSHA fines punish employers but do not affect your benefits. Compensation comes from the workers’ comp system.

6. How long do I have to file a claim?

Generally, death benefit claims must be filed within one year of the worker’s death (Labor Code §5406).

7. Can families also sue the employer?

In most cases, workers’ comp is the exclusive remedy. However, third-party lawsuits may be possible if outside negligence (like equipment defects) contributed.

Get Legal Help Today

If your family has lost a loved one in a workplace accident — whether in Santa Ana or anywhere in California — you deserve justice and full compensation.

At Michael Burgis & Associates, we fight to protect families by:

• Securing burial and dependency benefits.
• Appealing denied claims.
• Investigating employer negligence and third-party liability.

Free consultations
No upfront fees
Proven results in workers’ compensation and wrongful death claims

Contact us today to protect your family’s rights and secure the compensation you deserve.

Bottom Line:
The Santa Ana workplace tragedy reflects a broader problem: inadequate safety compliance costs young workers their lives. While Cal/OSHA fines hold employers accountable, they do not provide direct relief. Families must act quickly to pursue workers’ compensation death benefits and, where possible, third-party claims to secure financial security for the future.