$43,000 fine for Smithfield Grain following worker's 70ft fall death - "Not enough," says grieving family

Smithfield Grain faces a $44,000 fine following a worker's fatal fall six months ago.

Annie Wilbert fell 70 feet from a grain bin to her death while on the job, leaving her husband grieving every day.

"My loved one went to work and did not come home that day. and this shouldn't have been a dangerous job," Curtis Wilbert said.

This week, the Department of Labor fined Smithfield Grain for four serious workplace violations, with a penalty of more than $43,000, nearly $20,000 less than the maximum.

"For a company of that size, that's just a slap on the wrist," Wilbert said.

The labor department said the amount is determined through different factors, including:

• The gravity of violations
• Size of the business
• Good faith of the employer
• Past violations

A personal injury attorney with Riddle and Brantley doesn't believe these fines do enough to move the needle.

"Fines like that do nothing to deter employers and encourage safe practices in our view," attorney Adam Smith said.

Attorney Adam Smith says in many cases, it's not even what the employer usually ends up paying if they appeal.

"It's very normal for employers to pay even lower or even no fines for serious violations if they have a clear record," Smith said.

For Wilbert's husband, no amount of money could ever be enough.

"Pay your $43,000 and you've been fined, and go on about business," Wilbert said. "But my family can't go on about its business. That part's gone."

Smithfield Grain has 15 days to appeal the citations.

The family could continue litigation with a worker's compensation claim.

The Department of Labor says the penalty is in no way meant to make up for loss of life.

Wilbert's husband said they're looking into further legal action.