Workers’ Compensation

Wal-Mart Distribution Center Employee Awarded $21 Million

A Pike County (Alabama) jury has awarded an employee of Wal-Mart distribution center $21 million for injuries she suffered while working in the banana ripening room, reports the Dothan News.

In April 2008, the then 26-year-old woman was standing in the doorway of one of the newly constructed banana ripening rooms when a 3-4 foot tall metal plate covering the trim at the top of one of the room’s doors fell 30 feet and struck her in the face.  She not only suffered face lacerations, but it severed her nerves and muscles in her face.

Several days later, she developed seizures which now occur on a regular basis and puts her at risk of a condition called sudden epileptic death.  Due to the seizures, she’s not able to be alone and to completely care for her 2-year-old daughter.

The lawsuit was filed against Thermal Technologies and its contractor, […]

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$9 Million to Worker Paralyzed by Caterpillar Tractor

Man paralyzed from the waist down due to defective Caterpillar tractor

Bloomberg reports Caterpillar has paid more than $9 million in one of last year’s largest product verdicts involving a man who was paralyzed by a Caterpillar tractor.

The 41-year-old worker was using a Caterpillar Wheel Tractor 623 G Scraper in August, 2006, when the machine “suddenly and without warning began dramatically bouncing up and down.”  The bucking caused the man’s seat to fail and slammed him against the machine’s frame causing spinal injuries and a punctured lung.  He is now paralyzed from the waist down.

The lawsuit claims Caterpillar was aware of the tractors’ defects that made them move erratically, but did nothing to fix them.  The jury found both Caterpillar and Holt Texas Ltd., the dealership that sold the scraper to the man’s employer, liable for actual and punitive . […]

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Wrongful Death Suit Filed After Worker’s Electrocution

Nebraska’s York News-Times reports representatives of a 23-year-old York man’s estate have filed a lawsuit claiming his work-related death by electrocution on August 21, 2009 was preventable.

The young man was employed by Crane Grain Services LLC when he was injured and later died.  According to the suit, an improperly wired flexible cord was being used at the time and the company used damaged ladders and did not train workers on ladder use.

The petition alleges Nebraskaland Electric “failed to provide a 240 GFCI receptacle outlet, failed to provide adequate electrical safety testing, inspecting and supervision for all electrical cords and components attached to the electrical power and failed to remove all unsafe electrical equipment attached to the power source” following electrical work they did at the site.

The estate is seeking “for the exclusive ” of the deceased man’s young son who has suffered general damages for of services, […]

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OSHA Cites Paper Company For Numerous Safety Violations After Worker’s Death

Newman and Co., a Philadelphia-based paper manufacturing company, was recently cited by the Occupational Safety and Health Administration (OSHA) for numerous safety and health violations in the workplace which resulted in the death of one of the company’s employees.

The individual was crushed to death in June 2010 during paper hopper loading operations. What resulted was a number of citations for “39 serious and 4 other-than-serious violations” according to the website workerscompensation.com.

Newman and Co. is now facing more than $86,000 in fines, according to the article, as a result of violations which included:

  • Blocked fire exits;
  • Electrical hazards;
  • Failure to remove hazardous objects from the aisles;
  • Inadequate machine guards;
  • Inadequate protection (lockout/tagout) against hazardous energy sources;
  • Ineffective pest control.

The Occupational Safety and Health Act of 1970 was passed into law to ensure employers were responsible for the safety and health of their employees in the workplace. […]

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Leaks, spills, contamination are common at drilling sites

Contamination from drilling fluid and industrial wastewater spills are all too common among drilling operators seeking natural gas in the Marcellus Shale formation.

There have been hundreds of incidents of spills at natural gas drilling sites in Pennsylvania during the last five years by more than 90 different drilling companies. According to The Scranton Times-Tribune, many of the largest drill operators in the Marcellus Shale have received notices of violation for spills that reached waterways, for leaking containment pits that contaminated drinking water and for other problems.

So far this year, inspectors have found 421 violations at Marcellus Shale wells. At least 50 of the violations involved a spill to soil or water that state officials attribute to poor management and a lack of proper oversight.

The blowout of a well drilled by EOG Resources in early June has focused Pennsylvania regulators’ attention on the need for new drilling safety regulations for Marcellus Shale gas drilling in order to prevent accidents and injuries. […]

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