In December 2025, OSHA announced the results of its investigation into a worker's death at the Hanwha Q Cells Georgia solar plant in Bartow County. The agency cited the worker's employer, Hyoungwon E&C America Inc., an engineering and construction company, alleging that it exposed employees to asphyxiation hazards related to nitrogen gas and oxygen-deficient atmospheres. Cases like this raise a question many Georgia families never expect to face: when a contractor's employee dies at someone else's facility, who is responsible?
- When a contractor's employee dies on the job, the family usually has a workers' comp death claim through the worker's direct employer.
- If another company's negligence contributed, the family may also have a wrongful death claim against that third party.
- The deadlines differ: generally one year for the comp death claim and two years for a wrongful death lawsuit.
- Evidence on industrial sites (gas monitor data, entry permits, contracts) can disappear quickly, so early action matters.
What OSHA Cited at the Bartow County Plant
OSHA issued Hyoungwon E&C America two serious citations: for failing to protect employees against asphyxiation hazards related to nitrogen gas, and for not providing effective information and training on hazards related to nitrogen gas and oxygen-deficient atmospheres. The agency proposed $20,522 in penalties. These are OSHA's allegations; the company has the right to contest them, and citations and penalties may be adjusted as the case proceeds.
OSHA's citations were issued to the worker's employer. The agency's announcement does not report any citation against the plant owner, and it does not describe how the worker died. Local news reports attributed the death to a suspected nitrogen leak.
Nitrogen is used throughout manufacturing to purge lines and protect sensitive processes. It has no color and no smell, and it is not toxic in the usual sense. It is dangerous because it can push oxygen out of the air. Federal safety guidance warns that breathing oxygen-deficient air can have immediate, life-threatening effects, often with no warning, and in past incidents a coworker who entered to help also died.
Did a family member die while working at someone else's site?
Morrison & Hughes can explain both claims your family may have. Free, confidential consultation, available 24/7.
Two Claims After a Contractor's Workplace Death
Large Georgia projects (factories, battery and solar plants, warehouses, and data centers) are crowded with contractors and subcontractors. That structure matters after a death, because Georgia law treats the worker's direct employer differently from every other company on the site.
| Workers' comp death claim | Third-party wrongful death claim | |
|---|---|---|
| Who pays | The direct employer's workers' comp insurer | Another negligent company, such as a site owner, general contractor, or equipment maker |
| Fault required? | No. Benefits are no-fault. | Yes. The family must prove negligence. |
| What it covers | Weekly benefits of two-thirds of the average weekly wage (up to $800/week for injuries on or after July 1, 2023), burial costs up to $7,500, medical bills | The full value of the worker's life, plus estate claims such as medical and funeral expenses and conscious pain and suffering |
| Filing deadline | Generally one year from the death | Generally two years from the death |
Workers' comp provides steady, predictable support. A wrongful death claim can often recover more, because Georgia measures it by the full value of the life of the decedent (O.C.G.A. § 51-4-2), including the income the worker would have earned and the intangible value of a life. We are not suggesting any particular company is responsible in the Bartow County case; every claim turns on its own facts. But families should never assume workers' comp is the only option.
We handle both claims on a contingency fee, so there is nothing to pay up front and no attorney's fee unless we recover for you.
How the Two Claims Work Together
A workers' comp death claim and a third-party claim are separate, but they are connected. Under O.C.G.A. § 34-9-11.1, the employer's insurer may have a lien on part of a third-party recovery for the benefits it paid. How that lien is handled, and how settlements in each claim are timed, can make a significant difference in what the family keeps. That is a strong reason to have one legal team manage both.
Evidence That Disappears After an Industrial Death
- Gas monitor and oxygen sensor readings, alarm logs, and calibration records.
- Confined-space entry permits, lockout/tagout records, and shift logs.
- Training records and safety data sheets for the gases on site.
- Contracts between the owner, general contractor, and subcontractors that assign safety duties.
- Names and statements of coworkers and first responders.
- The OSHA investigation file, which can generally be requested through a Freedom of Information Act request once the case closes.
A prompt preservation letter can stop records from being overwritten or discarded. Learn more about the two types of claims after a fatal accident and who can file a wrongful death claim in Georgia.
The First 30 Days: Steps to Protect Your Family
- Order several certified copies of the death certificate. The insurer, banks, and Social Security will each want one. If you hire an attorney early, they can assist with getting these documents.
- Confirm the employer knows about the death in writing, including the date and the job the worker was doing.
- Collect pay records for the 13 weeks before the injury, including overtime, bonuses, and income from other similar employment. They set the weekly benefit.
- Gather family documents: marriage certificate and children's birth certificates to show who is a dependent.
- Keep every receipt for funeral and burial costs, which are covered up to $7,500.
- Write down the names of coworkers and witnesses while memories are fresh.
- Decline recorded statements to the liability adjuster or workers' comp insurance adjuster until you have independent advice.
- Consult an attorney immediately to determine whether an autopsy is necessary, send preservation of evidence letters, and begin open records requests to governmental agencies.
Questions Families Ask About Contractor Deaths
Can my family sue the plant or site owner if my loved one worked for a contractor?
Possibly. Workers' compensation is usually the only remedy against the worker's direct employer. But a site owner, general contractor, other subcontractor, or equipment manufacturer is a separate company, and a wrongful death claim may be brought against any of them whose negligence helped cause the death. Whether that claim exists depends on the facts and the contracts on the project.
How much time to file a workers' comp death claim or wrongful death lawsuit in Georgia?
A workers' comp death benefits claim must generally be filed within one year of the death (O.C.G.A. § 34-9-82). A wrongful death lawsuit generally must be filed within two years (O.C.G.A. § 9-3-33). Some situations shorten or extend those periods, so it is best to get advice early.
Do we have to choose between workers' comp and a wrongful death lawsuit?
No. In many cases a family can pursue both: workers' comp death benefits from the employer's insurer and a wrongful death claim against a responsible third party. The two claims interact, because the comp insurer may have a lien on part of a third-party recovery, so they should be handled together.
Is it free to talk to Morrison & Hughes?
Yes. The consultation is free and confidential. We handle both claims on a contingency fee, so there is nothing to pay up front and no attorney's fee unless we recover for you.
Protect Your Family's Rights on Both Fronts
A death on an industrial site leaves a family with grief, unanswered questions, and companies that already have lawyers working for them. You deserve the same. Call Morrison & Hughes at 404-LAW-TEAM for a free, confidential review of your workers' comp death claim and any third-party claim your family may have.
Tell Us About Your Loved One
Share what happened and a member of our team will reach out, usually within one business hour. There is no cost and no obligation.
Sources
- OSHA Atlanta news release, "Federal investigation into fatality at Georgia-based engineering company finds employer exposed workers to chemical, asphyxiation hazards" (Dec. 4, 2025): osha.gov/news/newsreleases/atlanta/20251204
- WBHF Radio, "OSHA finds violations that led to a fatality at a local plant" (local news report of the incident): wbhfradio.org
- U.S. Department of Energy safety bulletin drawn from U.S. Chemical Safety Board findings, "Hazards of Nitrogen Asphyxiation in Confined Spaces" (DOE/EH-0697, 2005): ehss.energy.gov
- O.C.G.A. § 34-9-265 (death benefits, burial expenses, spouse maximum); O.C.G.A. § 34-9-13 (dependents)
- O.C.G.A. § 34-9-82 (one-year deadline to file a claim for death benefits)
- O.C.G.A. § 34-9-11 (exclusive remedy) and § 34-9-11.1 (claims against third parties; employer/insurer lien)
- O.C.G.A. § 51-4-2 (wrongful death, full value of the life of the decedent) and § 9-3-33 (two-year limitation period)
Disclaimer: This article is for general informational purposes only and is not legal advice. Reading it or contacting Morrison & Hughes does not create an attorney–client relationship. Laws and benefit amounts change; the figures above reflect Georgia law as of the publication date and depend on the date of injury and the facts of each case. Descriptions of specific incidents are based on the public government records and news reports cited above. OSHA citations and proposed penalties are allegations, not findings of legal liability, and employers may contest them. Morrison & Hughes does not represent, and is not affiliated with, any company or person named in this article. Photos are stock images and do not depict the people or places described.