Lansing Personal Injury Lawyer - Workplace Injuries

Campaign Sheds Light on Importance of Worker Safety

David Mittleman — Thu, 12 Nov 2009 09:26:28 GMT

As a worker, you should be able to go to work without fearing for your health or safety. Nevertheless, worker safety is an issue that is often ignored. However, the 16 Deaths Per Day campaign is dedicated to shedding light on the fact that employers who provide unsafe working environments for their employees are rarely ever prosecuted for a subsequent death of an employee.

Furthermore, the punishment for employer negligence is tantamount to a slap on the wrist. In fact, contribution to an employee’s death is only a misdemeanor, which carries a maximum prison sentence of six months and a maximum fine of $70,000. Unfortunately, under the Bush Administration, funding to the Occupational Safety and Health Administration (OSHA) was cut. Thus, OSHA was unable to inspect worksites suspected of providing unsafe working conditions. Furthermore, OSHA rarely ever referred cases of employer negligence to the Justice Department for prosecution, and employer fines for noncompliance were lowered even more.

A few current and past members of congress are hoping to change these current conditions: Lynn Woolsey and the late Ted Kennedy introduced a bill in April called the Protecting America’s Workers Act. The bill would help to strengthen worker safety laws and give OSHA the ability to inspect dangerous worksites and impose legitimate fines for non-compliance.

Please view the video below for further information and personal stories of how several employees were affected by employer negligence:

http://www.youtube.com/watch?v=pssw5bnjnr4

Originally posted at InjuryBoard by David Mittleman

Man Loses Legs in Horrific Bulldozer Accident, Wins $16.25 Million Settlement

David Mittleman — Sun, 05 Jul 2009 10:00:00 GMT

Scott Skirpan, a 50-year-old ex-Marine, lost his legs five days into his job as a truck spotter at a Pennsylvania landfill after a Caterpillar bulldozer backed up and rolled him over, crushing his legs. Even more tragically, Skirpan made his own 9-1-1 call and sat on the phone for 12 minutes with dispatchers, crying hysterically as his femoral artery spewed blood. Neither the driver of the bulldozer or any of the other employees attempted to help him as he sat bleeding to death, begging for help, and asking the 9-1-1 operator to tell his daughter he loved her. He was sure he was going to die.

Finally, Skirpan was airlifted to St. Luke’s Memorial Hospital. However, doctors told his wife that he probably wouldn’t make it and that if he did, he would be brain dead or have serious brain damage. He arrived at the hospital in cardiac arrest and withstood eleven operations, leaving him with no right leg and only part of his left. Skirpan also suffered serious infections while attempting to recover from his multiple surgeries, because of the garbage that had been crushed into his gaping wounds at the landfill site. Skirpan is lucky to be alive.

This week he finally saw some restitution—Chrin Brothers, the owners of the landfill, and Catepillar Inc., the makers of the bulldozer, settled Skarpin’s negligence lawsuit for $16.25 million mid-trial. His lawyers argued that Chrin Brothers failed to properly train the driver of the Caterpillar bulldozer, and that the bulldozer had inadequate rear vision. The settlement represents one of the largest in Pennsylvania history for a single-victim personal-injury case. Nonetheless, Skirpan says he’d rather have his legs back than the money but is making the best of his new life: he still manages to swim, lift weights, and operate a three-wheel hand-powered bicycle.

Originally posted at InjuryBoard by David Mittleman

Window Washer Falls to His Death in Grand Rapids

Devon Glass — Thu, 18 Jun 2009 14:11:27 GMT

Grand Rapids—this Wednesday, a 21-year-old window washer fell to his death from the roof of the Grand Rapids Art Museum. The Michigan Occupational and Health Administration is investigating the window washing company for potential violations of workplace safety.

Witnesses reported that the man fell face first and landed on the sidewalk below after the scaffolding he was attached to collapsed. MIOSHA’s initial findings point to problems with the man’s harness, which may have hit him and knocked him unconscious prior to his descent. After his fall, he was taken to Saint Mary’s Health Care in Grand Rapids, where he died.

This is the second accident involving the Grand Rapids-based window washing service in the past 26 months. The company received four citations back in 2007, three of which were classified as “serious” and carried a $700 fine each, after two workers fell about 90 feet outside of the Van Andel Arena when a basket lift machine they were in tipped and dumped them both to the pavement. Neither man was seriously injured, but the company received the citations for failure to provide training on safe use of the lift, failure to test the lift each day prior to use, and for exceeding the maximum height for the lift.

Originally posted at InjuryBoard by Devon Glass

Guardian Fiberglass Inc. Under Investigation for Possible Workplace Safety Violations

Devon Glass — Sat, 06 Jun 2009 11:23:29 GMT

MIOSHA is now undertaking an investigation into the death of a former Guardian Fiberglass Inc. employee who died shortly after arriving at Oakland Hospital in Marshall last Sunday. Medical personnel first received a call at 10 a.m. from Guardian Fiberglass Inc. reporting that one of their employees was suffering from medical problems. When medical personnel arrived on the scene, the ailing employee was unconscious and their attempts to revive him were unsuccessful.

The cause of the man’s death is still unknown, and MIOSHA will not determine the nature of his death. Rather, the medical examiner will investigate the cause of his death while MIOSHA will decide if there will be any citations to Guardian Fiberglass Inc. for violating state-mandated workplace safety regulations.

The man worked both as a mechanic and a maintenance employee for the company. His mother maintains that the company told her in their phone call last Sunday that her son had an electrical accident. However, there will be no conclusive evidence until the medical examiner’s report and the MIOSHA investigations for workplace safety violations are completed.

Originally posted at InjuryBoard by Devon Glass

Wal-Mart to be fined for poor planning that led to employee's death

David Mittleman — Thu, 28 May 2009 10:00:00 GMT

OSHA may soon “stomp” the world’s largest retailer with a $7,000 fine for a stampeding incident that occurred on November 28, 2008 in Long Island, New York, during Walmart’s post-Thanksgiving sale. The bargain shopper’s paradise is charged with poor crowd management, which led to overly eager shoppers crushing a temporary employee who ultimately died of asphyxiation.

The $7,000 fine is the maximum amount allowed, and is levied only for serious incidents that result in death or physical harm because of an employer’s negligence in planning for foreseeable hazards. Walmart disagrees with the potential OSHA citation, claiming that there was no way for them to prevent the disaster. Regardless, the $7,000 fine pales in comparison to Walmart’s estimated revenues of $23,000 a minute.

Originally posted at InjuryBoard by David Mittleman

Safety Works

David Mittleman — Thu, 29 Jan 2009 08:54:00 GMT

Just over three years ago, the nation was reminded of the horrific risks associated with the mining industry. The Sago Mine Disaster, as it is now known, resulted in the deaths of 12 people in small West Virginia town. About twenty months after that incident, another mine collapsed in Utah, resulting in the deaths of six miners and three would-be rescuers. At the time, those stories painted a grim picture of this oft-forgotten sector of the American economy.

Figures recently released by the U.S. Mine Safety and Health Administration (MSHA) suggest that the mining industry has finally turned the corner in terms of employee safety. According to the agency, 51 mine workers were killed in 2008, the lowest number since the records began in 1910. Stricter enforcement of safety standards appears to be the reason for the dip in fatalities.

Unfortunately, mine workers in other parts of the world may not enjoy the same level of safety. In China, conflicting reports about mine safety suggest that workers face not only the inherent dangers of their work, but also the possibility of a cover-up by their employer.

An increased commitment to safety has led to an appreciable decrease in mining deaths. If this same commitment is applied in other industries, workers can begin to realize unprecedented levels of safety. While it is unlikely that accidents will ever be completely prevented, any reduction in injuries or deaths is good news for workers and their families.

Originally posted at InjuryBoard by David Mittleman

600-pound Pipe Kills One Person In Greater Lansing Area

Devon Glass — Thu, 18 Dec 2008 10:08:00 GMT

Wednesday afternoon a Pennsylvania man was crushed to death in Bath Township after a 600-pound pipe fell off a semitrailer. The injury occurred when forklift operator knocked the pipe off the semi trailer while unloading another pipe. The man, not yet identified, was 33-years old at the time of the incident. Bath Township police are investigating why the man was standing near the pipes. Fryling Construction Co. was the development company involved in the construction project.

Originally posted at InjuryBoard by Devon Glass