Family of construction worker who fell to death at West Side church sues employer for negligence

The family of a 57-year-old man who fell to his death while working to build a West Side church is suing his former employer for allegedly failing to provide fall protections.

Francisco Aguilar fell two stories from scaffolding Nov. 22, 2019 while doing carpentry work at 4901 W. Ferdinand St. in Austin, according to a lawsuit filed in Cook County on behalf of Aguilar’s son and administrator of his estate, Ariel Aguilar.

The suit claims Destiny Builders did not provide fall protections for Aguilar and other employees, and states the builder knowingly exposed employees to falling hazards by not providing proper scaffolding, railing, harnesses or supervision.

Aguilar died Dec. 6 at Mt. Sinai Hospital and leaves behind a wife and six children.

The lawsuit also alleges the company violated the Workers’ Compensation Act, did not have necessary permits and did not report the accident to OSHA.

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“It is very difficult to explain the painful loss of our father, and our anger when we learned that his employer did not follow the necessary safety rules and requirements,” Ariel Aguilar said in a statement. “There is no excuse for operating a construction company that way and our family will pay the price forever.”

The job site has since been shut down because the company lacked permits, according to Aguilar’s lawyers, Romanucci and Blandin Law.

“The shameful negligence of this construction company failed Mr. Aguilar by not providing required OSHA safety measures for training and fall protection. If this company had met its professional obligations, we believe Mr. Aguilar’s death could have been prevented,” attorney Michael R. Grieco said in a statement.

Destiny Builders did not respond to requests for comment.

The suit is seeking more than $50,000 in damages.