Mobile Personal Injury Lawyer - Workplace Injuries

Tort Reform: What's in a Name?

Pete Burns — Tue, 05 May 2009 18:04:50 GMT

The change the "reformers" want to persuade the American people to enact is to abandon the Constitutional protection of a righ to trial by jury. Rather than allow a group of 12 disinterested citizens to resolve a fact situation and apply justice for that particular case the insurance, tobacco and pharmaceutical industries want to limit the amount that they will have to pay regardless of the damage they cause. To do this they must convince voters that the present system is broken and that common people are unable to recognize justice. Don't be fooled.

Originally posted at InjuryBoard by Pete Burns

Wyoming Looks To Improve Worker Safety

Pete Mackey — Tue, 21 Apr 2009 08:00:00 GMT

Wyoming lawmakers are taking steps to improve on the state’s abysmal work safety record. Wyoming had more work place fatalities per 100,000 workers than any other state in 2007. To Governor Freudenthal’s credit, he has formed a task force to address the issue and come up with proposals for improvement. In doing so, that task force will look to Alaska:

Members of the Wyoming task force say they will look to Alaska's safety reforms as a possible model. Alaska, also a sparsely populated state with numerous dangerous occupations, reduced workplace fatalities by about 50 percent over the last 10 years.

Alaska achieved better workplace safety through an analysis industry-specific problems and cooperation from industry and special-interest groups, said Dr. George Conway, director of Alaska's office of the National Institute for Occupational Safety and Health.

This is welcome news. Worker safety is often compromised by industry demands and a state’s unwillingness or inability to fund the proper regulatory agencies. Let’s hope more states follow Wyoming’s lead.

Originally posted at InjuryBoard by Pete Mackey

Labor and Materialmen Protect Yourselves

Billy Cunningham — Fri, 06 Mar 2009 08:00:27 GMT

If you are a contractor, subcontractor or a person who supplies labor or material on a construction job whether residential or commercial, you need to protect yourselves in this market. We are now getting more inquiries about problems with contractors and owners not paying their subcontractors and suppliers than I recall. There are ways to protect yourself and some of the old thinking about not wanting to risk alienating the owners, lenders or general contractors should not concern you in today’s economy. While these steps do not guarantee payment, it improves your position. Your livelihood is at stake and you can take steps to protect that.

In the two states where I practice, Alabama and Mississippi, and I feel certain in probably every state, there are laws on the books that allow an entity who supplies labor or material to for use in a construction project to place the owner or general contractor and the ‘world’ on notice that you are about to supply that material. This practice has largely been ignored probably because historically most owners and contractors are honorable and have paid. The latter, getting paid, may not be as likely now. Also, I think laborers and materialmen have been relieved and glad to have been awarded a job and thus hesitant to turn around and tell the owner or general- oh by the way here is my notice to the world that I am going to work for you and I am claiming a priority if you do not pay as you promised. That concern in this economy should not override your need to be protected.

If you did not file that notice and payment is not made, you can still takes steps to protect yourself as much as possible by filing a similar notice with the appropriate court of your claimed lien. You will not have the priority (i.e. those who file first are first in line when payment time comes) as those who filed before actually working or supplying. There are limitations in ‘perfecting’ that lien- time limits to file a suit to prove the amount of the labor or materials.

There may be provisions in your contract for attorney’s fees and other costs. Otherwise, you will likely have to work out an arrangement with an attorney to pay him. Just because you had to hire an attorney will not mean the party who owes you money has to pay your attorney. The cost of litigation will be an economic factor in your decision to pursue lien in court. It is less expensive to do it before you supply the labor or materials.

Protect yourselves up front. Contact an attorney and learn about ways to protect yourself. Being one of the first to perfect a lien for labor and material is important. Being prepared for the possibility of litigation from the outset will increase your chances of success. While working your way through these lien statutes may be cumbersome it is not as bad as Alice said in Alice in Aonderland : It's the most curious thing I ever saw in all my life!"

Originally posted at InjuryBoard by Billy Cunningham

Six Charged With Filing False Storm Claims

Chrissie Cole — Tue, 04 Mar 2008 01:15:02 GMT

Following a federal grand jury indictment earlier this week, six Orlando-area residents have been arrested by federal officials and charged with filing false storm claims with the federal government in 2005.

Each of the six individuals arrested, are being charged in separate indictments, and accused of filing and collecting $2,000 in disaster assistance claims with the Federal Emergency Management Agency (FEMA).

The indictments claim the residents falsely claimed to reside in either Texas or Louisiana during the time when hurricanes Katrina and Rita struck, causing severe property damage to the area.

At this time all six have been released on bail, said the U.S. District Attorney, in Orlando.

Originally posted at InjuryBoard by Chrissie Cole

Crane Operator Injured in Worksite Accident

Chrissie Cole — Fri, 29 Feb 2008 23:35:06 GMT

An Omaha crane operator suffered on the job injuries, in a construction accident, when the 140,000 pound crane he was on slipped down an embankment and into the Papio Creek trapping him inside the cab.

The worker was trapped for almost an hour. Firefighters were able to release him from the cab with the Jaws of Life, according to the Omaha Fire Department.

He was treated for hypothermia and is listed at Nebraska Medical Center in fair condition.

After an initial investigation, it appears slippery pads on the crane may have been a contributing factor to the accident. It took crews nearly all day to lift the crane out of the water.

Originally posted at InjuryBoard by Chrissie Cole

Study says weight affects risk of worksite injury

Staff Writer — Fri, 15 Jun 2007 13:07:48 GMT

A workplace injury study from the Johns Hopkins Bloomberg School of Public Health's Center for Injury Research and Policy says that obesity can increase the risk of a worksite injury.

Published in May 2007, in the American Journal of Epidemiology, the study's findings show that a body mass index (BMI) in the obese category significantly raises the possibilities for trauma injuries on the job.

Of the 7,690 workers included in the study, 29 percent were injured at least once between January 2, 2002, and December 31, 2004. Approximately 85 percent of the injured workers were classified as overweight or obese.

The findings of these studies may encourage more companies to implement obesity prevention programs and incentives for employees.

Originally posted at InjuryBoard by Staff Writer

Hispanic group promotes workplace safety

Staff Writer — Thu, 10 May 2007 10:01:28 GMT

The Birmingham News reported last week that a team of Hispanic business owners and contractors has come together to create the Association of Hispanic Contractors to help improve workplace safety in the area.

The group of 55 seeks to lower workplace injuries.

"Our focus is on education and safety," said Martinez, president of the new group. "Safety in our community is a big issue and with us being Hispanic, our organization can play a big role in educating workers."
Representatives of the Alabama chapters of Associated General Contractors and Associated Builders & Contractors, two national trade groups whose members include several large Birmingham-based construction firms, said they plan to work closely with the new group.
"The more the merrier. You can't do too much on safety," said Bill Caton, spokesman for Associated General Contractors in Birmingham. "Jose is a member of AGC and just as we work with the BCIA (Birmingham Construction Industry Authority) to help minority firms, we want to do some joint projects with this new Hispanic group."

Originally posted at InjuryBoard by Staff Writer

North Carolina man dies of injuries

Staff Writer — Mon, 23 Apr 2007 22:52:41 GMT

The Fayette Observer reported that a man crushed by a backhoe at a gravel pit died from his worksite injuries.

As he was operating the backhoe on the job at his family's gravel pit, it slid off an embankment and flipped onto him. He was sadly crushed, and died about one week later.

Many workplace injuries occur each year, sometimes because of worker mistakes and sometimes because the right policies are not in place. OSHA continues to work hard with companies to improve workplace safety.

Originally posted at InjuryBoard by Staff Writer

San Francisco construction accident injures workers

Staff Writer — Thu, 29 Mar 2007 16:32:00 GMT

A construction accident in San Francisco that injured four workers has prompted an investigation by the Occupational Safety and Health Association (OSHA) for the state of California.

Bay City News Wire reported that the accident happened in a Nob Hill residential building where a team of workers were renovating a basement and garage.

San Francisco Fire Lt. Mindy Talmadge comments on the incident:

"They were working with jackhammers and the rock around the foundation broke away and trapped these four workers," Talmadge said.
Three of the four had freed themselves by the time firefighters arrived. One man was trapped from the waist down in a combination of rock and dirt.
"The fire department used its shoring equipment to extricate him," Talmadge said. "It took about 20 minutes."

Fortunately, only minor injuries were incurred from the worksite accident.

Originally posted at InjuryBoard by Staff Writer

Will slope shelving prevent workplace injuries?

Staff Writer — Tue, 13 Feb 2007 10:01:49 GMT

A news release from A Plus Warehouse on PR Web promoting their new slope schelving storage cabinets says that the product could help prevent more back and hand injuries in warehouses.

The American Society of Safety Engineers has apparently endorsed this type of shelving, which allows workers to inspect products without picking everyone of them up. This could eliminate many of the hand and back injuries that often occur among employees, and often bring expensive claims.

"Product movement and storage pose risk to all employees," said Ed Stairman, president of A Plus Warehouse. "The slope shelving we sell improves safety and productivity by making products more visible and accessible."

While the shelves may eliminate some of the lifting involved, it is still important for companies to train their employees in proper lifting techniques to minimize stress on the back and hands.

Originally posted at InjuryBoard by Staff Writer