Carlos Ernesto Hernandez, 34-year-old Construction Worker, Died in Fall at Salem Apartment at 64 Grove Street
SALEM, MASSACHUSETTS (August 12, 2025) – A 34-year-old worker identified as Carlos Hernandez has tragically died in a Salem construction accident at an apartment complex.
Essex County officials are saying that the accident took place just before 12:10 p.m. on Friday. Carlos Hernandez was on the roof of the four-story apartment complex when he fell for some reason.
Firefighters and paramedics were called to the scene of the accident to help the victim. Sadly, Carlos Hernandez was beyond medical aid and pronounced dead at the scene. The circumstances leading up to the deadly fall remain unknown. A full investigation by the Occupational Safety and Health Administration (OSHA) remains ongoing.
Liability for Salem Construction Accidents
Construction companies in Massachusetts have a legal obligation to maintain their work sites in a reasonably safe condition. However, these employers are typically not directly liable for any accident where their worker gets injured. An employer may face direct liability when a worker is injured if any injury was the result of intentional misconduct. Recovery after any construction accident will usually take place through the workers’ compensation system and third-party liability claims.
- Workers’ Compensation: Injured workers and their families will normally have recourse through the workers’ compensation system. This is a no-fault insurance scheme designed to help all workers, regardless of who may have been at fault.
- Third-Party Liability Claims: A third-party liability claim may be possible if an entity separate from a worker’s employer caused an accident in some way. Construction projects are typically made up of a blend of different entities that must work together. This includes property owners and subcontractors, all of whom could potentially bear liability for an accident.
General contractors must abide by certain safety requirements when workers are placed at heights. If any worksite has certain defects, tripping hazards, or a lack of fall protection, this may be construed as negligence. When assessing liability for a fall at a construction site, it is important to understand who was ultimately in control of the worksite.
Sources of Third-Party Negligence for Falls at Construction Sites
Falls are one of the leading causes of serious injury and death in the construction industry and are therefore a foreseeable hazard. According to the Bureau of Labor Statistics, “In 2022, nearly 1 in 5 workplace deaths occurred in the construction industry and 38.4 percent of these deaths were due to falls, slips, and trips. The construction industry accounted for close to half, 47.4 percent, of all fatal falls, slips, and trips in 2022.” There are numerous potential sources of third-party negligence for falls at construction sites.
- General Contractors: A general contractor may have failed to provide workers with personal fall arrest systems (PFAS), guardrails, or safety nets.
- Developers: A construction developer may have failed to ensure that a worksite was in a reasonably safe condition for a project to begin. It is also possible that they ignored known hazards, such as damaged scaffolds.
- Equipment Manufacturers: A company that manufactured safety equipment, including harnesses, scaffolds, ladders, and guardrails, could face liability if these devices malfunctioned or failed to perform as intended.
- Subcontractors: It is also possible that a subcontractor created fall hazards through their negligent actions. They may have left debris in walkways or made unstable platforms.
The vast majority of construction accidents are totally preventable. They tend to be the direct results of one or more OSHA violations. OSHA requires all workers that operate at heights of 6 feet or more to have fall protection. When this safety gear is properly used, falls almost never happen.
In far too many circumstances, these safety requirements are ignored to speed up the rate at which construction projects are completed. It is ultimately workers who pay the price for these safety lapses with their own bodies and lives.
Investigating Salem Construction Accidents
We at DiBella Law extend our deepest condolences to Carlos Hernandez’s family. Anyone who may have more information about what happened should contact OSHA. A thorough investigation into what went wrong is needed so that similar tragedies can be prevented.
Do you need more information about a Salem construction accident? Our team of Boston construction accident lawyers are here to answer any questions that you may have. We are well-versed in all state and federal guidelines related to worker safety at elevated heights. It is our goal to ensure that all workers and their families are aware of their rights afforded under the law and that those rights are being protected.
Whether you have legal questions or need a free, independent investigation into the circumstances of any accident, we are here to help. You can reach out to us anytime at (617) 870-0907.