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This website is maintained by the Law Offices of Dean Malone, P.C., a Dallas, Texas law firm representing people across Texas for work injury cases. We have attempted to provide useful information for those harmed by work injuries.

A FedEx Employee Dies from Workplace Injuries and the Family is Preparing to File a Wrongful Death Suit

Wednesday, November 1st, 2017

Lubbock Preston Smith International Airport in Lubbock (Photo: Photo labeled for reuse)

On October 17, 2017, at Lubbock Preston Smith International Airport in Lubbock, Texas, FedEx employee Michael Merton was killed while performing his work as a mechanic. As of October 31, 2017, Merton’s children are reportedly in the process of filing a wrongful death suit in Lubbock County suing FedEx because their father was allegedly crushed inside an airplane he was working in, and as a result he suffered fatal injuries. The family claims that the employer failed to properly train and supervise employees to safely perform their assigned tasks.

The investigation into the death is still ongoing. It could be months before investigating agencies file their conclusions, including the Federal Aviation Administration and the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA).

FedEx has been cooperating with authorities, and they have expressed their condolences to the family.

Employers have a duty to provide safe workplace environments. In addition, they are required to train employees so that they recognize potential workplace hazards and can be proactive in helping to prevent on-the-job injuries.

The primary organization providing workplace oversight to keep workers safe is OSHA. There are compliance assistance specialists in most of the 85 Area Offices throughout the country, and they provide robust education and outreach programs for workers and employers. In 2016, OSHA significantly increased the fines for penalties associated with safety violations. The maximum penalty for repeated or willful violations, for example, went from $70,000 to $124,709, which is an increase of 78%. The U.S. Secretary of Labor at that time, Thomas E. Perez, said that civil penalties should be credible deterrents that widely influence behavior and keep employees safer.

–Guest Contributor

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