Industrial Accident Lawyer Blog

Failure to Provide Machine Guards Leads to Fines

Mon, 05 Mar 2012 18:27:43 -0500

American Marazzi Tile has been cited by the OSHA for violation of 25 workplace health and safety rules. The Sunnyvale, Texas based tile manufacturer must now pay $318,000 in fines or contest the charges before an OHSA review board.

The company was cited for willful violations which could have produced serious work injuries or workplace death, inclding citations for failure to provide the required machine guards for exposed belts, chains, pulleys and sprockets. Additionally they neglected to establish a lockout/tag-out system for energy sources to protect their employees from the unexpected start-up of machines. Perhaps the most powerful example of American Marazzi's indifference to employee safety and health is their absence of a hearing conservation program for workers exposed to prolonged work-related noise of more than 85 decibels. OHSA noted the company with having 21 other serious violations.

Dangerous workplaces often require the best Georgia workers compensation lawyer when an employee is seriously injured.

OSHA Whistleblower Law Saves Lives

Tue, 07 Feb 2012 14:08:40 -0500

After an OSHA Whistleblower complaint filed by an employee at Houston's Piping Technology and Products Inc. spurred an OHSA investigation, the company now faces over $1,000,000 in penalties resulting from 13 willful and 17 serious violations. The concerned worker approached the U.S. Department of Labor's Occupational Health and Safety Administration earlier this year with several claims of workplace hazards including unguarded presses and a lack of brakes on overhead cranes. Along with substantiating the worker's claims, investigators found the company to be exposing its workers to the risk of severe work injury as well as amputation from its dangerous machinery.

Piping Technology's willful violations include the failure to lock out all sources of hazardous energy to equipment prior to servicing or maintenance and the failure to guard seven band saws. A willful violation is defined as one committed with intentional knowing or voluntary disregard for the law's requirements, or with plain indifference to employee safety and health. Each of the 13 willful violations holds a penalty of $70,000 each. The company, who has been issued citations in years past, has now been placed in OHSA's Severe Violator Enforcement Program.

Trench Collapse Leads To Work Injuries, Death

Thu, 14 Jul 2011 20:28:04 -0500

Trench collapses are a common source of Georgia workers compensation claims and workplace injury claims. Often, trenches are dug quickly, with little or no structural design required to ensure those digging are actually safe. In January, Michael Wilson, of Chester County, PA, was killed when a trench he was digging collapsed.

Recently, OSHA fined Wilson's employer, J.D. Eckman, Inc., for failing to have trained supervisors on hand to adequately supervise the digging operation. Additionally, the two men working on the trench were not trained on the use of pneumatic jack hammers, and were using the equipment in a way which led to the collapse.

Mississippi Work Injuries Avoided by OSHA Enforcement of Safe Work Practices

Tue, 12 Jul 2011 20:14:24 -0500

Mississippi's Howard Industries, Inc., in Ellisville, Mississippi was recently cited by OSHA for 17 safety violations following the electrocution death of Benjamin Edwards Spoon while testing transformers. According to the OSHA citation, Spoon's employer failed to have an adequate lock out-tag out procedure, failed to conduct PPE hazard assessments, and failed to provide insulated gloves.

In this situation, the power company Spoon's employer was hired by could have some liability for using a contractor with known unsafe work practices and/or failing to adequately monitor the work. The Flynn Law Firm has represented injured workers in Mississippi, last year concluding two cases against International Paper for a boiler explosion at the Vicksburg mill. The Flynn Law Firm currently represents an injured lineman in a case pending in Smith County, Mississippi.

Charles Grundy Killed in Utah Industrial Accident

Mon, 11 Jul 2011 21:38:53 -0500

Charles Grundy, of St. George, Utah, was killed in a workplace accident when he was hit by a front-end loader driven by a co-worker. The work injury occurred on Interstate 15 in an area near the Utah-Nevada border. According to news reports, Grundy was standing in the Southbound Lane of I-15 with his back turned while talking on his cell phone. A co-worker did not see him and simply ran him over.

When someone dies on the job, or when three or more employees are hospitalized in a single event, OSHA is automatically called to investigate. The co-worker who ran him over probably did not have adequate training, and the jobsite was obviously not adequately monitored or supervised.

Workplace Explosion at John W. McDougall Metals Plant in Tennessee Kills One Worker

Sun, 10 Jul 2011 20:05:00 -0500

Shawn Allen Austin was killed in a flash fire at the John W. McDougall Metals Plant in Nashville, Tennessee. The John W. McDougall plant fabricates custom sheet metal. Because there was a workplace death, OSHA will be investigating the incident. Immediately after the flash fire, Mr. Austin was taken to Vanderbilt University Medical Center, where he ultimately succumbed to his burn injuries. Another worker, Saul Hernandez, suffered a work injury in the flash fire, and was treated and released.

Construction Accident Claims Life of Solin Estrada Jiminez

Tue, 07 Jun 2011 18:38:48 -0500

Construction accidents keep the best Georgia workers' compensation lawyers busy, with worksite injuries becoming more and more common. Often, work injuries are not isolated incidents---and are often preventable.

One such work accident recently occurred in Knoxville, Tennessee, when Solin Estrada Jiminez was killed when a chunk of concrete fell off a support beam of the Henley Street Bridge. Jiminez was an undocumented worker for Britton Bridge, LLC.

Gallatin Tennessee Explosion at Hoeganaes Corporation Injures Two

Sun, 05 Jun 2011 18:19:16 -0500

A flash fire at the Hoeganaes Corporation facility in Gallatin, Tennessee has killed one worker and severely injured another. Wiley Sherburne, of Castalian Springs, TN was killed and Vernon Wayne Corley was injured when a flash fire occurred during maintenance on on a burner

The Hoeganaes facility makes liquid metal for gear parts, and was reported to be a dusty facility. Dust in the workplace can, and in this case did, pose a combustion hazard. These types of combustible dust explosions can often cause work injury and lead to Workers Compensation claims. With adequate housekeeping, however, dust explosion like this can be avoided.

Lineman Killed After Inadvertant Contact with Energized Powerline

Mon, 11 Apr 2011 14:50:03 -0500

An unidentified electrical lineman was killed in Mifflin, Wisconsin last week after apparently coming into contact with energized power lines. The 39-year old lineman was working for a private utility contractor in the area when he suffered a life-ending work injury.

Electrical lineman are often exposed to dangerous working conditions, and, as a result, should consult the best Georgia workers compensation attorney when they suffer an on the job injury. A good workers compensation lawyer can help the injured lineman with his workers compensation case, and can also identify potential third-parties who may be responsible for the lineman's injuries.
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Florida Work Injuries Caused by Water Tank Explosion

Sun, 10 Apr 2011 14:16:14 -0500

Jon Martinez and Jason Steele, both of whom worked for United Fire Protection in St. Petersburg, Florida, were recently killed in an industrial accident while working for United Fire Protection at a former Georgia Pacific Plant in Lake Placid, Florida. The workers were fixing a pump inside a concrete block building adjacent to a water tank, when the tank (or the pump) exploded. When the tank exploded, it caused a "rush" of water, which caused the building to collapse. OSHA and local law enforcement are investigating the work accident.

Injured Contractors Find Few Remedies for On The Job Injuries in Texas

Wed, 09 Mar 2011 21:59:47 -0500

Atlanta workers' compensation lawyers are kept busy by claims filed by employees hurt on the job in a variety of scenarios. Often, the workers comp claim is simple: employee vs. employer in an administrative action pending before the Georgia State Board of Workers Compensation.

However, sometimes, workers with many different employers are working at a facility, many of whom are contractors, at the time of injury. In that situation, a Georgia workers compensation claim can be filed against the injured worker's employer, and a third-party work injury lawsuit or construction accident lawsuit may be filed against other contractors or the premises owner for creating dangerous working conditions. Contractors who come on the property are typically in harms way---they have no training or instruction on what's happening on the jobsite, are provided little or no information about safety issues, and, sometimes, are brought onto a job because the tasks are too dangerous for the premises owner's own workers.

Six Hurt In Workplace Accident at EME Homer City Generating

Wed, 23 Feb 2011 21:46:53 -0500

Six injured workers were seriously injured when a 6-inch pipe containing high-pressure steam burst at an Indiana County power plant. Three suffered severe work injuries and were taken to the burn unit at West Penn Hospital. Steam injuries, even though they do not involve contact with fire, can be very painful and cause deep second and third degree burns, necessitating long term care and a substantial workers' compensation claim. Three other injured workers were taken to a local hospital.

Jose Antonio Soto Killed in Construction Accident on February 12, 2011

Tue, 22 Feb 2011 15:30:04 -0500

Jose Antonio Soto, from Winter Haven Florida, was killed when a road grader backed into him on the job. Mr. Soto was a contract worker working at CF Industries. His death was a tragic incident which, much like many work injuries and construction accidents can be prevented with some basic workplace safety and adequate worker training.

Three Year Anniversary of Imperial Sugar Explosion Marked by Service

Sat, 19 Feb 2011 15:12:53 -0500

February 7 marks the three year anniversary of the Imperial Sugar Refinery explosion, which caused 8 deaths and numerous Georgia work injury claims to be filed. The Flynn Law Firm represents 6 workers injured in the blast. The explosion was caused by excess sugar dust in a conveyor running under the silos at the refinery. Secondary explosions were then caused by the huge amount of sugar all over the facility. After the explosion, OSHA implemented standards on combustible dust, and specifically mandate that 1/32" of sugar may be allowed to accumulate on surface areas. Work injury lawyers represented several claimants who were injured in the explosion.

One Killed, One Injured in Jan. 14 Myric Crane Accident in Savannah, GA

Sat, 15 Jan 2011 20:41:39 -0500

Two Georgia construction workers with Myrick Marine in Savannah Georgia, working at Crescent Towing and Moran Towing's shared dock off Fig Island Drive, have been severely injured in a Georgia work accident while building a tugboat dock near the Savannah River. On Friday, January 14th 2011, a pylon fell from an excavator, crushing and killing Greg Royer and seriously injuring John Pugh. Mr. Pugh is still at Memorial University Medical Center in critical condition.

Myric Marine was the company building the dock at the time of the incident. Both men were standing on a sea wall installing wooden pylons when one of the pylons fell from the excavator.