Work Accidents and Injuries

 

Pictured above: A scene from the construction site accident in New York City today 

Today, in Midtown East, a freak work site accident left 10 workers and pedestrians injured. Construction was being performed on Madison Avenue between 38th and 39th streets. An industrial air condition was being hoisted by a crane to the top of a building at that location when a cable snapped. The unit fell 28 stories and sheared the side of the building. Falling debris injured two construction workers and eight pedestrians. Luckily the accident occurred over the weekend when there were fewer pedestrians. 

New York Mayor Bill de Blasio stated today that the city would undertake a full investigation in order to understand what exactly caused the accident. Usually construction work this large is done over the weekend when there are less crowds. However, construction-related accidents have recently increased in New York City, prompting residents and officials to try to figure out how to cut back on these types of accidents. Fortunately, in this case, no one was critically or mortally injured. 

Pictured above: Firefighters at the scene of the accident

More than two weeks ago, on April 24th, a freak crane accident at a construction site in New York City, New York resulted in the death of one worker. The accident happened at the work site of the new 35-story Even Hotel when a crane collapsed and fell on a worker. Police and paramedics rushed to the scene and attempted to extract the worker, Trevor Loftus, but it was too late. It is still unclear why the crane collapsed, but it appears that it might have been due to a cable snapping. Loftus had been checking the mechanical failure when the accident happened. 

According to officials, this particular crane, referred to as a knuckle boom, is unfortunately not regulated or inspected by city as are larger cranes. Furthermore, this accident comes at a time of increased growth and construction for the city, which in turn has seen an increase in the number of work accidents. The total number of construction accidents in the city is at its highest in seven years and this poses problems for both workers on sites and pedestrians walking around or near them. Recently, a pedestrian died after being hit by a piece of plywood that had blown off from a Greenwich Village condo development. These accidents bring into question what the city and contractors need to do in order to ensure the safety of workers and pedestrians. 

Legal Commentary
In this situation, the most pertinent legal matter to pursue is a civil case. From a civil standpoint, our firm has represented numerous families who are the victims of workplace accident tragedies. The family of Pohl and the other injured worker should consult with an attorney to file a suit against the responsible party once it is found who it is. A successful civil claim will enable their families to receive rightful financial compensation. If you or a loved one was affected by this incident, or one similar, contact the experienced attorneys at Fears | Nachawati Law Firm by sending an email to mn@fnlawfirm.com or by calling our office at 1.866.705.7584.

About the Author
Majed Nachawati is a preeminent personal injury lawyer with a focus on representing victims and families involved in workplace accidents, automobile accidents, wrongful death cases, and product liability claims throughout the state of Texas. Mr. Nachawati has resolved numerous workplace motor vehicle accident cases through trial and settlement that have brought seven and eight figure confidential reward settlements. His is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Court of Texas and Arkansas and is licensed in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leader’s Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past five years in a row for legal excellence, in connection with wrongful death and products liability cases. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be contacted by email or by calling 1.866.705.7584.

 

Pictured above: The California plant where Jose Melena was killed 

Three years ago, in October 2012, an employee of Bumble Bee Foods, Jose Melena, was performing maintenance in a 35-foot-long oven at a Santa Fe Springs plant in California when he was killed. His co-workers loaded the oven with 12,000 pounds of canned tuna and turned it on. The oven, which reaches 270 degrees, was left on for two hours in order to cook and sterilize the tuna. When the oven was opened, Melena’s co-workers found his badly burned and dead body. 

On Monday, April 27, those liable for this preventable accident have been charged. Bumble Bee Foods and two employees – Operations Director Angel Rodriguez and former safety manager Saul Florez – have each been charged with three felony counts of violating Occupational Safety & Health Administration (OSHA) rules that resulted in a death. These charges state that the company and its two employees willfully violated the following rules: that a safety plan be implemented, the rules regarding workers in confined spaces and lastly, the rule that requires there be a procedure implemented that would keep machinery and equipment off if any individual was in it. 

OSHA has previously cited Bumble Bee Foods for failing to properly assess the danger to employees working in large ovens and the company was fined a penalty of $74,000. Their two employees, Rodriguez and Florez, could face up to three years in prison and up to $250,000 in fines if convicted. The company itself faces a fine of $1.5 million. Bumble Bee Foods is currently appealing these penalties, claiming that they had improved their safety record after this devastating accident. 

Legal Commentary
In this situation and the accidents before it, the most pertinent legal matter to pursue is a civil case. From a civil standpoint, our firm has represented numerous families who are the victims of workplace accident tragedies. A successful civil claim will enable their families to receive rightful financial compensation. If you or a loved one was affected by this incident, or one similar, contact the experienced attorneys at Fears | Nachawati Law Firm by sending an email to mn@fnlawfirm.com or by calling our office at 1.866.705.7584.

About the Author
Majed Nachawati is a preeminent personal injury lawyer with a focus on representing victims and families involved in workplace accidents, automobile accidents, wrongful death cases, and product liability claims throughout the state of Texas. Mr. Nachawati has resolved numerous workplace motor vehicle accident cases through trial and settlement that have brought seven and eight figure confidential reward settlements. His is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Court of Texas and Arkansas and is licensed in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leader’s Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past five years in a row for legal excellence, in connection with wrongful death and products liability cases. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be contacted by email or by calling 1.866.705.7584.

Pictured above: Construction workers and firemen at the scene of the accident 

Last Friday, an accident took the life of a worker who was employed on a construction site. The accident happened in the Near North Side neighborhood in Portage, Indiana. Joel Ogiego, the 45-year-old victim, was working on a construction site when, according to officials, he became pinned in a shaft. Mr. Ogiego was working about 60 feet above ground and inside a crane at 4 E. Elm St when a cage descended on him and crushed him.

Mr. Ogiego become unconscious and unresponsive and had to be lowered down before being rushed to Northwestern Hospital. A firefighter on the scene states that the injuries were too traumatic and little could have been done to save the construction worker.

OSHA, the Occupational Safety and Health Administration, is investigating the accident, along with other local authorities. After on-the-job accidents, OSHA is regularly called in to verify whether or not an accident could have been prevented. In this case, authorities are stating that the crane operations involved in the accident could have contributed to the fatality. If OSHA finds that Mr. Ogiego’s employers did not adequately provide safe working conditions, OSHA can issue citations and monetary penalties to the company. Mr. Ogiego’s family may also be able to pursue a civil claim against the employer in question.

 

Legal Commentary
In this situation and the accidents before it, the most pertinent legal matter to pursue is a civil case. From a civil standpoint, our firm has represented numerous families who are the victims of workplace accident tragedies. A successful civil claim will enable their families to receive rightful financial compensation. If you or a loved one was affected by this incident, or one similar, contact the experienced attorneys at Fears | Nachawati Law Firm by sending an email to mn@fnlawfirm.com or by calling our office at 1.866.705.7584.

About the Author
Majed Nachawati is a preeminent personal injury lawyer with a focus on representing victims and families involved in workplace accidents, automobile accidents, wrongful death cases, and product liability claims throughout the state of Texas. Mr. Nachawati has resolved numerous workplace motor vehicle accident cases through trial and settlement that have brought seven and eight figure confidential reward settlements. His is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Court of Texas and Arkansas and is licensed in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leader’s Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past five years in a row for legal excellence, in connection with wrongful death and products liability cases. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be contacted by email or by calling 1.866.705.7584.

Pictured above: The scene of the accident (Image courtesy of Sun Sentinel) 

One construction was killed and two were left severely injured on Monday at a work-place accident that occurred at a Fort Lauderdale, Florida construction site. The accident happened when a beam that collapsed on the site knocked the three men off a ladder. The workers were building a car dealership at the scene of the accident, which is located at 2601 S. Andrews Ave in Broward County. A witness that saw the accident as it unfolded saw the crane lowering the beam when a critical support gave way and knocked the three men off the ladder and scaffolding they were on.

The accident is currently under investigation by the Fort Lauderdale OSHA department and other city officials. At least five other deaths have occurred in or around Broward County in the past month and a half. These accidents all occurred on the job and many were on similar construction sites as the one that took the life of the as-yet-unidentified victim on Monday. One safety consultant, Al Favale of Deerfield Beach, claims that the increase in workplace accidents, especially those in construction, can be attributed to a booming economy. As the demand for new homes and buildings increase, many workers are pulled into fields and occupations where not enough time is dedicated to training and safety precautions. However, as these past few accidents have shown, an increase in new hires is no reason to not provide a safe environment and adequate training by hiring companies.

Below: The exact location of the scene of the accident: 

 

Legal Commentary
In this situation and the accidents before it, the most pertinent legal matter to pursue is a civil case. From a civil standpoint, our firm has represented numerous families who are the victims of workplace accident tragedies. The family of the man killed and the other injured workers should consult with an attorney to file a suit against the responsible party once it is found who it is. A successful civil claim will enable their families to receive rightful financial compensation. If you or a loved one was affected by this incident, or one similar, contact the experienced attorneys at Fears | Nachawati Law Firm by sending an email to mn@fnlawfirm.com or by calling our office at 1.866.705.7584.

About the Author
Majed Nachawati is a preeminent personal injury lawyer with a focus on representing victims and families involved in workplace accidents, automobile accidents, wrongful death cases, and product liability claims throughout the state of Texas. Mr. Nachawati has resolved numerous workplace motor vehicle accident cases through trial and settlement that have brought seven and eight figure confidential reward settlements. His is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Court of Texas and Arkansas and is licensed in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leader’s Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past five years in a row for legal excellence, in connection with wrongful death and products liability cases. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be contacted by email or by calling 1.866.705.7584.
 

Pictured above: Emergency crews at the site of the accident (Pictured courtesy of OC Register

An accident that occurred in Mission Viejo, California on Thursday afternoon left one worker injured and one worker dead. The accident happened at Mission Viejo High School when 23-year-old Daniel Pohl was on top of a 30-foot scaffold attempting to hang a banner on school grounds. As he reached up, his neck touched overhead wires and electrocuted him. He then fell from the scaffolding. A fellow coworker was also shocked by the wires when he tried to help and was severely injured.

State officials, along with California’s OSHA department, have begun an investigation into the accident because according to them, school officials do not know who hired the company that employed the Five Star Construction Company. A spokeswoman for the school district has stated that the company was not hired or authorized by the school district to be on the school’s grounds. Authorities will have to fully conduct their investigation to have a better understanding of how such a tragic accident could have happened.

 

Legal Commentary
In this situation, the most pertinent legal matter to pursue is a civil case. From a civil standpoint, our firm has represented numerous families who are the victims of workplace accident tragedies. The family of Pohl and the other injured worker should consult with an attorney to file a suit against the responsible party once it is found who it is. A successful civil claim will enable their families to receive rightful financial compensation. If you or a loved one was affected by this incident, or one similar, contact the experienced attorneys at Fears | Nachawati Law Firm by sending an email to mn@fnlawfirm.com or by calling our office at 1.866.705.7584.

About the Author
Majed Nachawati is a preeminent personal injury lawyer with a focus on representing victims and families involved in workplace accidents, automobile accidents, wrongful death cases, and product liability claims throughout the state of Texas. Mr. Nachawati has resolved numerous workplace motor vehicle accident cases through trial and settlement that have brought seven and eight figure confidential reward settlements. His is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Court of Texas and Arkansas and is licensed in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leader’s Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past five years in a row for legal excellence, in connection with wrongful death and products liability cases. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be contacted by email or by calling 1.866.705.7584.

 

 

19-year-old Bradley Hogue, pictured above (Courtesy of King5

Last Monday, a 19-year-old worker employed by Pacific Topsoil of Everett, Washington, was killed in a work site accident. The young man, identified as Bradley Hogue, was working as a part of a three-person team on a residential property when he fell into an auger and died of blunt-force injuries. Hogue had only been working for the company for two days when the accident happened.

Now, his parents are demanding to know why their son had not received proper training and why it took the other crew members five minutes to discover that he had fallen into the auger. The Washington State Department of Labor and Industries has launched an investigation into the accident. The Department remarked that Pacific Topsoil has been involved in five inspections in the past seven years, two of which resulted in citations against the company. Although auger accidents are rare, they are deadly, with seven deaths related to the industrial machinery occurring in 2013 alone.

Legal Commentary
In this situation, the most pertinent legal matter to pursue is a civil case. From a civil standpoint, our firm has represented numerous families who are the victims of workplace accident tragedies. The family of Hogue should consult with an attorney to file a suit against the responsible party. A successful civil claim will enable their families to receive rightful financial compensation. If you or a loved one was affected by this incident, or one similar, contact the experienced attorneys at Fears | Nachawati Law Firm by sending an email to mn@fnlawfirm.com or by calling our office at 1.866.705.7584.

About the Author
Majed Nachawati is a preeminent personal injury lawyer with a focus on representing victims and families involved in workplace accidents, automobile accidents, wrongful death cases, and product liability claims throughout the state of Texas. Mr. Nachawati has resolved numerous workplace motor vehicle accident cases through trial and settlement that have brought seven and eight figure confidential reward settlements. His is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Court of Texas and Arkansas and is licensed in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leader’s Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past five years in a row for legal excellence, in connection with wrongful death and products liability cases. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be contacted by email or by calling 1.866.705.7584.

Picture courtesy of WKYT

A horrific accident on a work site on Wednesday afternoon left one man decapitated. The victim, whose name has not been released, was working on a cell phone tower off Kentucky 35 in Harris County when the accident occurred. According to both officials and eyewitnesses, four men contracted by an external company were taking down an old boom from a Verizon tower and bringing up a new one. As they did this, a cable broke, decapitating the now-deceased worker and cutting off his right arm.

Undoubtedly, the gruesome accident left witnesses and rescue crews shocked and in disbelief. It took emergency crews more than seven hours to remove the man’s body from the cell tower. Although it’s not clear how the 1,800 lb. boom fell, an investigation will be conducted. No foul play is suspected but it remains to be seen whether the accident occurred because of a lack of safety precautions or negligence on the part of the contracting company.

Below, the approximate location of the accident:

Continue Reading Gruesome Accident on Cell Phone Tower Work Site Leaves One Man Dead

Western Sugar Cooperative, a company that grows sugar beets in numerous states, is under scrutiny after it was found out that OSHA nor the Wyoming Department of Workforce Services had ever inspected their beet-processing plant in Lovell, Wyoming (pictured on the right). The plant was the site of the death of 28-year-old Anfesa Galaktionoff who died in January after falling through a floor opening into sugar beet-processing equipment. 

In the past month alone, the Wyoming Department of Workforce Services slapped the company with 12 citations and about $71,000 in fines. At the time of Galaktionoff’s death, there were no adequate guards around floor openings that could have prevented her accident. 

Although Western Sugar had been served citations in other locations in past years, it never triggered concerned for the Lovell facility in particular, leading to the lack of inspections prior to the accident. John Ysebaert, an administrator for the Department of Workforce Services’ Office of Standards and Compliance, stated that Western Sugar was expected to improve their safety conditions across all of their facilities. Unfortunately for Galaktionoff and others, management failed to improve working conditions for many of its employees.

 

Continue Reading Wyoming sugar plant never inspected by OSHA even amid widespread citations

//www.youtube.com/embed/eJ64M1br5AI

 Video courtesy of Sacramento Bee 

Two construction workers working on a bridge site were killed last Friday morning in Winters, California after falling from a crane. The two men were identified as Marcus Zane Powell, 25, and Glenn Hodgson, 49. The two men were in a basket suspended by a crane when the basket, for a yet unknown reason, suddenly fell 80 feet to the ground, killing the two almost instantly. 

The bridge project that the men were working is part of the city’s ongoing effort to replace an older bridge. The city had hired Burlingame-based Disney Construction to construct the new bridge and although the company had not faced problems at this particular site up until Friday, they had faced safety complaints in the past. According to Mercury News, Disney Construction was originally fined $4,500 after four serious breaches of safety regulations were found in 2008. In 2006, the company was hit with five safety violations and was forced to pay $1,500. OSHA is currently investigating this accident. 

 Approximate scene of the accident: 

Legal Commentary
In this situation, the most pertinent legal matter to pursue is a civil case. From a civil standpoint, our firm has represented numerous families who are the victims of workplace accident tragedies. The family of the two men should consult with an attorney to file a suit against the responsible party. A successful civil claim will enable his family to receive rightful financial compensation. If you or a loved one was affected by this incident, or one similar, contact the experienced attorneys at Fears | Nachawati Law Firmby sending an email to mn@fnlawfirm.com or by calling our office at 1.866.705.7584.

About the Author
Majed Nachawati is a preeminent personal injury lawyer with a focus on representing victims and families involved in workplace accidents, automobile accidents, wrongful death cases, and product liability claims throughout the state of Texas. Mr. Nachawati has resolved numerous workplace motor vehicle accident cases through trial and settlement that have brought seven and eight figure confidential reward settlements. His is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Court of Texas and Arkansas and is licensed in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leader’s Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past five years in a row for legal excellence, in connection with wrongful death and products liability cases. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be contacted by email or by calling 1.866.705.7584.