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 wrongful death 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 damages “for the exclusive benefit” of the deceased man’s young son who has suffered general damages for loss of services, […]

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. […]

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’ […]

$16 Million Awarded in Industrial Accident Settlement

Industrial accident yields largest personal injury settlement in Pennsylvania history

The Philadelphia Daily News reports the owner of a landfill and Caterpillar Inc. have agreed in Philadelphia Common Pleas Court to pay one of the largest settlements in Pennsylvania history for a single-victim personal injury case.

The companies have agreed to pay $16.25 million to a man whose legs were crushed by a bulldozer three years ago.

On May 1, 2006, the man was working his fifth day on the job as a truck spotter at the Chrin Sanitary Landfill, when a massive track loader backed around a pile of garbage and ran him over, crushing his legs.

He developed serious infections due to the garbage that had been crushed into his wounds. His right leg, part of his right hip, and most of his left leg had to be removed.

The lawsuit claimed the owners of the landfill had not trained the victim sufficiently and the Caterpillar didn’t have adequate rear vision. […]

The Limbo Stage: 21 Days to Accept or Deny

Once you have given notice of your injury to your employer, their insurance carrier has 21 days under the Workers’ Compensation Act to either accept or deny your claim for benefits. During this period of time, you are basically in limbo.

To accept the claim, the insurance carrier needs to file either one of two notices with the Bureau in Harrisburg. The first notice is a notice of temporary compensation payable. As the name implies, this notice temporarily accepts the claim for a period of 90 days to give the insurance carrier additional time to investigate your claim before making its final determination.

Prior to the end of the 90-day period, if the insurance carrier wishes to deny your benefits, they are required to file notice stopping temporary compensation. If the insurance carrier does not file the notice stopping the temporary benefits in the allotted time, […]