Bloomington Personal Injury Lawyer - Workplace Injuries

Man Dies in Workplace Crane Accident

Fred Schultz — Fri, 12 Jun 2009 12:22:56 GMT

I was sorry to read about another workplace death involving a crane accident last week. According to the report, a worker fell over ninety feet to his death from a crane up in Gary.

A coroner says a Valparaiso man fell 90 feet from an overhead crane and died at U.S. Steel’s Gary Works.

The Lake County coroner’s office says 54-year-old Alexander Santoyo was pronounced dead of massive blunt force trauma about 4:30 p.m. Saturday.

Tragically, serious workplace injuries and deaths frequently occur, especially in factories or on construction sites. There are many rules and regulations that are supposed to be followed to help keep workplaces safe. These rules are put in place to try and protect people. Often, though, they go unheeded. The (Indiana Occupational, Safety & Health Administration) IOSHA is looking into this particular tragedy and will issue a report of their findings in the near future.

Workplace injuries are obviously very, very difficult not only for the injured worker, but their families as well. In addition to medical expenses and lost wages, there are also often serious readjustments that have to be made in life due to either the tragic loss of a spouse or parent, or learning how to deal with a severe injury. For example, when a father suffers a permanent back injury at his construction job, he has to learn a new skill or trade that does not require such demanding physical activity. This means that the family has to find a way to cope with lost income until the dad is able to either finds a new job or obtain disability benefits, while the dad also copes with dealing with the debilitating injury.

Worker's compensation benefits are often available to help ease the transition, but they usually don't cover the injured worker's full loss. However, depending on how the injury occurred, the person or their family can sometimes make what is called a third-party liability claim. For example, if a worker is injured on the job because an employee of a different company did something wrong, then the injured person can bring a claim against the other company's insurance, in addition to his own employer's worker's compensation benefits. Another example would be if a driver for a delivery company was in an auto accident while on the job, the delivery driver could receive worker's compensation benefits, but also bring a claim against the negligent driver's insurance.

Originally posted at InjuryBoard by Fred Schultz

Jury Awards $24 Million to Man Paralyzed in Workplace Accident

Fred Schultz — Mon, 15 Dec 2008 16:32:23 GMT

A Lake County, Indiana jury recently found against a contractor in a workplace injury case and awarded a severely injured worker $24 million. The injured worker fell from a ladder that had not been properly maintained by the contractor, and became paralyzed from the waste down.

Anthony Arciniega, 42, was rendered a paraplegic as a result of a Nov. 20, 2004, fall at ISG Burns Harbor steel mill, which is now known as ArcelorMittal.

Arciniega, who still works for the mill, fell from a ladder that was covered with refractory concrete due to the negligence of Minteq International, a contractor at the mill, according to court documents.

Jury verdicts of this size are extremely rare, and reflect the fact that the Plaintiff, or the person who brought the lawsuit, suffered very dramatic injuries. Generally speaking, if the jury finds that the defendant in the lawsuit was responsible for the injuries to the plaintiff, the jury is able to compensate an injured plaintiff for the nature and extent of their injuries, whether the injuries are temporary or permanent, past and future lost wages, past and future medical expenses, and for what is generally called, "pain and suffering."

In a case involving paralysis, it becomes easy to see how the damages awarded by a jury could reach a number in the tens of millions. First of all, the overall lifetime cost of a paralyzed person's medical care can easily run in the range of $10 million. Likewise, a paralyzed person needs special modifications done to their home, such as widening of the doors between rooms and modifications to their bathroom and kitchen They also need specialized transportation, such as a wheelchair accessible van, so they can get around town. I have no doubt but that this kind of evidence was presented for the jury's consideration.

In addition to all that, the jury is allowed to consider the nature and extent of the injury and its impact on the plaintiff's ability to function as a whole person. Obviously, when a person is paralyzed, they lose a great deal of their freedom and ability to function on their own. Under this set of circumstances there is no limit to what a jury can award for being paralyzed due to the fault of another party. Clearly, this jury tried to compensate the plaintiff and hold the wrongdoer accountable for the full extent of the injuries that were suffered.

Originally posted at InjuryBoard by Fred Schultz

Another Workplace Death Reported

Fred Schultz — Tue, 11 Nov 2008 17:24:47 GMT

It was sad to see in today's paper that another person was killed at their workplace. According to the Bloomington Herald Times, a Hendricks County man was killed while doing construction work down in a ditch.

The Hendricks County Sheriff’s Department says a construction worker was killed when a power saw he was using to cut pipe jumped back and struck him in the neck.

Based on the limited information available, it is hard to tell exactly how the accident happened. All we know is that the Indiana Occupational Safety and Health Administration (IOSHA) is investigating. At some point, IOSHA will issue a report outlining whether or not there were any workplace safety violations. If so, these findings can be used as evidence in legal proceedings brought later on down the road.

From a practical legal standpoint, there are several avenues that the family of the person involved may wish to pursue. First, they will be able to make a claim for worker's compensation death benefits. Also, there may be third-party liability claims that can be made against other contractors who may have acted in a negligent fashion and contributed to the circumstances which lead to this man's death. Finally, depending on the circumstances, there may have been some sort of defective condition in the power saw which lead to the accident. If so, there would be a product liability claim against the power saw manufacturer.

All of these, of course, take a back seat right now to the simple fact that this is a tragic story. Nobody should die at work like this.

Originally posted at InjuryBoard by Fred Schultz

Railroad worker's Death Reminder of Need for Workerplace Safety

Fred Schultz — Thu, 11 Sep 2008 16:41:21 GMT

The unfortunate death of a railroad worker in Terre Haute is a sad reminder of the need or workplace safety. According to the article, the worker was crushed under a tanker that was being pushed slowly down the tracks. Officials are investigating to determine why the tanker jumped the tracks.

Officials say a railroad company employee died after he was struck by a tanker car that derailed in Terre Haute.

The Vigo County Coroner’s office says 42-year-old Philip T. Myers of Clay City was pronounced dead Wednesday at Terre Haute Regional Hospital of blunt force trauma to the head.

Workplace injuries are far more common than many people realize, and can come in many different ways. In fact, studies have found that 6 million Americans each year suffer non-fatal workplace injuries. For example, construction workers are exposed to numerous potential hazards such as falling building materials or poorly erected scaffolding. Farmers can suffer injuries by being crushed by livestock or run over by equipment. However, even jobs people wouldn't think to be dangerous can involve risks, such as auto accidents or slips & falls.

In most instances, the worker's employer will have worker's compensation insurance to pay medical expenses and a percentage of lost wages. It is important to notify the employer of the injury immediately so that there is documentation for the worker's compensation carrier.

In addition to worker's compensation, there are also times when a third-party liability claim can be made by the injured worker, but only if the person at fault for the accident was someone other than a co-worker. A little-known fact is that automobile accidents are the leading cause of work-related deaths in the U.S. For example, if a sales person for a company is out making sales calls and is in an auto accident because another driver ran a stop sign, then the sales person would be able to make a claim under worker's compensation AND against the insurance company of the at-fault driver.

Also, I've represented people who worked as delivery drivers and suffered serious injuries when they slipped and fell on ice that had been allowed to accumulate at the back door of the business they were making deliveries to. Again, the person has a worker's compensation claim and a liability claim against the business's liability insurance.

Regardless of whether or not the injured worker is able to make a liability claim, the bottom line is that we all need to be careful at all times. Stay away from repetitive lifting, report co-workers who are not following safety guidelines, wear protective clothing or safety gear, and drive safely. It's obviously far better to avoid an accident in the first place!!

Originally posted at InjuryBoard by Fred Schultz

Indiana Sheriff Deputies have to Fight for Disability Pensions

Fred Schultz — Tue, 09 Sep 2008 21:32:19 GMT

I read something in the paper this evening that just seems wrong. Its shameful that Indiana Sheriff Deputies who are permanently disabled while in the line of duty are not guaranteed decent disability pensions. Meanwhile, city police have disability protections that are not afforded to their county law enforcement counterparts. Don' get me wrong, I'm happy that our city police receive apparently decent disability benefits. It just seems inappropriate that county law enforcement officers don't.

According to the article, county governments are not required to guarantee specific pension amounts to disabled Sheriff's deputies, while police officers employed by city and municipal governments are covered by a state-run pension plan. This simply makes no sense at all, especially given the dangerous line of work they are in.

Our county sheriff employees not only perform often dangerous criminal investigations and arrests, and traffic investigations and stops, but they also serve civil summons and man our county jails. Probably half of all county sheriff employees serve as correctional officers in our county jails. These employees are required to supervise and manage all of the inmates in the jail. Most inmates are relatively harmless, but not all of them. Don't forget that murderers must first face a judge in our county courts before being sent to the Indiana State Department of Corrections, and they are kept in our county jails while they await trial.

Our Deputy Sheriffs also help our communities in times of trouble such as natural disasters. You'll find our deputy sheriffs helping during floods, and rushing to help people after tornadoes. They also are often the first responders to severe traffic accidents. All of these activities involve inherent dangers, and our deputy sheriffs risk injury every day they are on the job.

We rely on these county employees to keep our communities safe and help us in our times of need. Yet, we apparently can't even provide them the same basic promise of a liveable wage if they are permanently injured while they serve our communities...?? This needs to change.

Until you've seen people who are truly disabled fight for their disability payments, you cannot appreciate how desperate their plight is. Imagine not being able to work, but not having any income for months or years. Unfortunately, I've had many injured clients suffer the extreme insult of waiting years for disability to kick in while they struggle to keep their homes, keep food on the table, and keep their dignity. Most often, they end up depending on their families and friends to keep them going while their disability benefits take years to begin.

The men and woman who serve our counties and keep us safe deserve much better.

Originally posted at InjuryBoard by Fred Schultz