37 year old Felipe Mata Fiscaya suffered fatal injuries after falling down an elevator shaft at the CEMEX plant in Louisville, Kentucky. Mr. Mata Fiscaya worked as a contract laborer for a company based in Alabama. He was performing work at the plant.
Details are sparse right now. The facts and circumstances surrounding this incident could have a significant impact on how any legal claims coming from it proceed. More than likely, Mr. Mata Fiscaya’s surviving family members will have a workers’ compensation claim, if the incident happened while he was within the scope and course of his employment. A workers’ compensation claim for death due to work injuries covers any medical expenses and provides a death benefit to the surviving family members.
His surviving family members may also be able to bring a civil claim, if someone or something outside of the employer-employee relationship was responsible for his death. A wrongful death and survival action, if possible, would pursue any damages not allowable in a workers’ compensation claim, such as loss of consortium and physical pain and mental suffering, if any.
A full investigation is necessary in order to determine exactly what happened and how it happened. Only then will the surviving family members be able to determine what claims they may pursue.