RALEIGH, N.C.—It’s been six months since the deadly scaffolding collapse in downtown Raleigh, and the N.C. Dept. of Labor recently cited and fined three companies in the investigation.
The accident at Charter Square killed Jose Erasmo Hernandez, Jose Luis Lopez-Ramirez and Anderson Almeida, and seriously injured Elmer Guevara.
"Elmer fell 11 stories and managed to survive,” said attorney Rob Maitland, with The Maitland Law Firm.
Maitland represents Guevara and said he is still recovering from serious injuries.
"He's been involved in very intensive physical therapy, sometimes daily,” he said.
Maitland said Guevara has also seen several specialists and a neurologist.
"He's also dealing with some damage to the brain from the fall, as you can imagine from that height, but he seems to be progressing very nicely,” he said.
Meanwhile in the investigation, the N.C. Dept. of Labor issued “serious” violations and more than $160,000 in fines to Associated Scaffolding Company, Inc., Jannawall Inc., and Juba Aluminum Products Co.
Maitland said he is pleased with the initial findings.
"These companies now have 15 days to appeal the findings, and we are kind of in the position where we need to wait and let all the facts come to light and certainly this is an important part of that process, and then after that, we will know what we need to do from a legal perspective,” he said.
David Kirby, with Edwards Kirby LLP, represents the three men killed. He said in a statement, “This is a step forward in determining why this tragedy occurred. Our clients are looking for answers.”
No lawsuits have been filed from either law firm so far, but Maitland said his firm has conducted separate research on the incident.
"It's our understanding that perhaps there may be some issues on the manufacturer level on the scaffolding. There was a very similar incident in Toronto, Canada only five or six days later, where two workers were killed under very similar circumstances, so one of our goals is to try to help bring those issues to light and hopefully make the work environment safer for workers all over the world,” he said.
The companies cited have 15 working days to pay the penalties, request an informal conference with the labor department or file a notice of contest.
TWC News reached out to the companies fined for comment and have not heard back.
OSHA Citations in Deadly Scaffolding Collapse (From N.C. Dept. of Labor)
Associated Scaffolding Company, Inc.
-Three “willful serious” violations and one “serious” violation
-Proposed penalty: $151,900
Jannawall, Inc.
-One “serious” violation
-Proposed penalty: $4,200
Juba Aluminum Products Co.
-One “serious” violation
-Proposed penalty: $4,200