A 51-year-old Stoughton worker was tragically killed on Jan. 24 after an incident at his place of work in Freetown. Alphonse Ferent was working at a distribution center for Stop & Shop when he fell between a loading dock and a tractor trailer that was pulling away from the loading dock.

As the truck pulled away, a forklift that was unloading product from inside the tractor trailer fell out of the back of the truck and onto Ferent, killing him, as reported by the Massachusetts Coalition for Occupational Safety and Health (MassCOSH).

Ferent’s death marks the 21st worker death that resulted from heavy objects falling and crushing the victim since 2007. Nationally, the Department of Labor’s Occupational Safety and Health Administration (OSHA) estimates that there are about 85 fatal accidents involving forklifts every year, and approximately 11 percent of the 855,900 forklifts used across the United States will be involved in some type of work accident.

“Our thoughts go out to the friends and family of Alphonse,” said MassCOSH Interim Executive Director Al Vega. “Here at MassCOSH, we have seen far too many lives lost at loading docks. Until employers recognize the inherent dangers that come with moving goods at distribution centers and take to heart their responsibility to keep their workers safe no matter what, we will continue to senselessly lose men and women on the job.”

Employers are responsible for worker safety

This tragic accident involved many aspects that could have been avoided. Any situation involving a forklift on a moving apparatus such as a tractor trailer should be properly supervised and only performed by trained employees utilizing proper safety protocols. In this case, an investigation will be launched to ascertain why the truck began moving with the forklift still performing work in its cargo-holding area.

OSHA requires that all workplace deaths must be immediately reported and investigated to find out what went wrong and what could be done to prevent any future tragedies. The managers at the distribution center, and Stop & Shop, very well may face citations and penalties for any failures found that resulted in the compromising of their employees’ safety.

Although this event could have been the result of a tragic, ill-timed accident, it nonetheless puts a spotlight on the dire importance of proper safety protocols in areas where heavy machinery are used in close conjunction to employees. The family of the worker who lost his life will never be able to regain what they have lost, but they may be able to file a suit for wrongful death if an investigation shows that his death was preventable.

Always know your rights

If you or a loved one is injured, or worse, as the result of an incident at work, you may have the right to receive financial compensation for injuries sustained to pay hospital bills, recovery costs and to restore lost wages from being unable to work. Employers bear the burden of responsibility to ensure that their employees are working in a safe work environment, and it is of the utmost importance that they take that responsibility to heart.

At Altman & Altman LLP, we have over 40 years of experience pursuing a wide range of personal injury cases and getting our clients the financial compensation they need and are entitled to in order to continue living their lives. Our legal experts are standing by to hear your case and help you make a claim. And we do not collect any payment unless you are successful in that claim.

Call us for a free consultation today at 617-492-3000 or toll-free at 800-481-6199. We are available 24/7.