Monthly Archives: September 2013

Kansas construction worker injured in fall

Kansas residents know that accidents can happen at any time at any place. These accidents might occur the roads, in public places or at one’s place of employment. When an injury results from an accident at the workplace, it is important that individuals understand all their legal rights going forward with their case.

Of all places of employment, construction sites are one of the most common places for injuries. Construction site accidents can occur, even if all available precautions are observed. A Kansas construction worker was working in Olathe when he fell from the home he was working on. Firefighters who responded to the 911 call indicated that the worker fell all the way to the basement of the home and suffered serious injuries as a result of the fall.

When a worker is injured at a construction site, there are a number of individuals that could be potentially liable to the injured worker for the injuries they sustained. The individuals responsible can include the engineers and architects of the site, the contractor, including the primary and sub, as well as the site owner. In order to determine who is responsible in a particular case, it is important to understand the roles and responsibilities of each party for each individual project.

Construction site accidents will often involve a lot of fact-finding and require detailed analysis to determine all the responsible parties and their liabilities. There will also be a need for the injured party to have a thorough examination of the site where the accident occurred. Experienced legal professionals with an expertise in construction site accidents would be beneficial for individuals who have been injured at a construction site. The legal professional will ensure that the victim receives all the compensation to which they are entitled.

Source: KMBC News, “Worker injured in fall at Olathe home under construction“, Sept. 19, 2013

Company must answer for death of worker and pay millions in fines

Kansas residents should pay close attention to a case involving a plant in South Dakota. In the news, individuals often hear of injuries or even death occurring at various places of employment. However, this most recent case should prove to be illustrative for both employees and employers.

Adams Thermal Systems is a company that manufactures cooling systems for engines in both highway and off-highway vehicles. In 2011, an employee of the company was tragically killed in workplace related accident due to the company’s failure to provide a safe working environment. The worker was instructed by management to bypass a security measure in order to keep a machine that makes radiator cores running. The worker was crushed in the machine.

The company has finally reached a an agreement with both the U.S. Department of Labor’s Occupational Safety and Health Administration and the U.S. Attorney’s office to pay just over $1.3 million in fines and criminal penalties as a result of the death of their employee. The settlement is composed of $450,000 which will go the widow of the deceased spouse, a criminal fine of an additional $450,000 and an OHSA fine of $435,000 as a result of over 66 violations.

When a workplace accident or death occur, the employer is liable to the injured worker or their family in the form of worker’s compensation benefits. Workers’ compensation benefits are both state and federal mandated. These benefits not only cover the negligence or carelessness of an employer, as in the above case, but it also covers instances where it is the employee who was being negligent. There are certain limits to worker’s compensation and employers may try to deny claims in particular situations, including ones involving drug or alcohol use by their employee.

Kansas residents who have been injured on the job should immediately file a claim for worker’s compensation benefits. Experienced legal professionals are available to assist victims and make sure that they receive all the compensation to which they are entitled and that they employer is brought to justice.

Source: U.S. Department of Labor, “Adams Thermal Systems to pay $1.33 million to resolve OSHA citations, criminal penalties in 2011 death of worker at South Dakota plant,” Sept. 5, 2013

Construction accidents can happen anywhere

Kansas residents know that some professions are more dangerous than others. However, when one is a construction worker, the worker is often exposed to unfamiliar surroundings. This fact, coupled with the dangerous nature of construction in general can sometimes lead to serious accidents and injuries.

Recently, a construction worker was badly injured while working on a job at a college university campus. The construction worker had to be taken away in an ambulance after he fell from a basket lift. Luckily, the worker was wearing a harness which kept him from falling and hitting the ground.

As one can see, construction accidents can happen at any time and any place. Even the most organized and secure construction site can give way to accidents. Even when an individuals is using extreme care and caution, construction site injuries can occur. It is for this reason that employers are required to carry workers’ compensation insurance. If a worker is injured on the job, the insurance company will likely pay for the injured workers’ medical expenses, as well as additional permanent disability benefits if the injuries prevent the worker from ever returning to his normal duties.

Insurance companies may fight the payment of benefits, as not all injuries are covered under workers compensation. Injuries suffered while driving to or from work are typically not covered, as well as some injuries that are suffered while not performing one’s regular work duties. Experienced legal professionals are available to make sure any Kansas resident who as suffered an injury on the job receives all the benefits to which they are entitled.

Source: Fox 6 News, “Construction worker injured in accident at UA“, Sept. 5, 2013

Construction accident leaves worker seriously injured

When Kansas residents drive along roadways and see beautiful buildings, hotels and office spaces, they don’t often think of the construction worker who spent long, hard, laboring hours creating the structure. Construction workers are often underappreciated and unfortunately in one of the more dangerous professions for workplace accidents.

Recently, a construction worker was seriously injured while working on the job. The 40 year-old man suffered nearly a complete amputation of his leg after a piece of heavy equipment fell. He was flown by medical helicopter to a local hospital. He was admitted to the hospital with serious injuries, but is expected to survive. A firefighter who responded on the scene was also injured and treated for minor injuries at a local hospital.

Construction accidents are much more common than in other professions. While the risk of construction worker accidents is increased due to the nature of the work, all employees who are injured in the workplace will be entitled to compensation from their employer. Workers compensation benefits entitle the injured worker to lost wages while recovering from the injury, medical expenses, as well as compensation benefits if the worker is permanently incapacitated and cannot continue in his normal job duties.

There are some instances, however, when an injured worker will be unable to collect workers’ compensation benefits. Examples can include injuries that the employee suffered while driving to or from work, or certain instances where the employee was not following workplace safety policies. It is important to note that even if the employee was not physically in his regular work environment when the injury occured, he is still eligible for worker’s compensation benefits if he was injured by performing a task connected to his or her job.

Any Kansas resident who has been injured in the workplace needs to make sure they understand all their available legal options. Experienced employment law legal professionals can analyze the details in a specific case and help determine what the best solution would be.

Source: Wusa 9 News, “Worker seriously injured in construction accident“, August 22, 2013