Monthly Archives: October 2013

Building collapse injures construction worker

Kansas residents have read multiple posts in this blog pertaining to injuries that happen in the workplace. While injuries can happen at any time and for a variety of reasons, there are some professions that have unique and special rules when it comes to injuries due to the dangerous nature of the profession. One of these professions are construction workers. Kansas residents should understand their legal rights, should a construction site accident occur.

Recently, construction workers were working on repairing a home when the back wall of the four family home collapsed. One of the construction workers fell when the collapse occurred and then suffered additional injuries as he was hit by falling bricks and other debris. He was transported a hospital and his condition is unknown as this time.

Injured construction workers will likely have a claim for workers’ compensation benefits. The procedure for the filing of a workers’ compensation claim is very similar to filing any other type of insurance claim. Once the claim has been approved, the injured worker will receive compensation pertaining to all their medical bills, including prescribed medication and even gas mileage to and from medical appointments or follow-up procedures. If a worker is temporarily or permanent disability due to the injuries, workers’ compensation will provide compensation to the injured individual.

Similar to other types of insurance claims, workers’ compensation claims can be met with some of the same challenges. Employers may try to fight the claim. In some cases, employers may try to argue that the injury did not happen while the individual was on the job. In other cases, employers may try to argue that the injury occurred as a result of negligence or recklessness on behalf of the employee. In such circumstances, it may be beneficial to have the expert guidance of an experienced workers’ compensation legal professional.

Source: KMOV St. Louis, “Worker injured after building collapses in north St. Louis,” Oct. 23, 2013

Highway worker injured by drunk driver

Kansas residents know that certain occupations can pose a higher risk of injuries than others. However, nearly all employers are required to carry workers’ compensation insurance so that any worker who is injured while on the job has an opportunity to receive financial compensation for their injuries. Certain occupations pose a higher risk of injuries than others. Many Kansas drivers have probably seen signs posted in construction zones warning drivers to slow down and use caution. These signs help protect the safety of the construction workers working on the road.

Even in non-construction areas, accidents on highways and roadways are a common occurrence. Drivers cause accidents all the time due to a variety of circumstances. Sometimes drivers are impaired, other times individuals are just not paying attention. Car accidents always have the potential to cause injury or damage but the risk for injury is greatly heightened when the accident involved a highway construction worker.

Recently, a worker in Indiana was working in a construction zone on the highway when he was struck by a man in a pick-up truck. The driver of the truck ran through two orange barrels that were in place to alert drivers to construction on the highway. The truck traveled over 1,500 feet in the closed lane before rear-ending a truck that belonged to employees of an asphalt company that was hired to do the work on the road.

One of the workers was transported to a local hospital and was treated for rib and internal injuries. The driver of the truck was found to have a blood-alcohol level of 0.54 percent, which is well over the legal limit. He faces multiple criminal charges related to the accident.

In addition to civil charges that may be pursued against this type of negligent driver, an injured worker may also be eligible to receive workers’ compensation benefits from his employer from injuries sustained during the course of employment. This compensation can help with medical bills, lost wages, as well as any necessary rehabilitation that is required due to the injuries suffered. Experienced worker’s compensation legal professionals can assist Kansas residents who have been injured while working on the job and ensure that they receive all the compensation to which they are entitled.

Source: The Tribune Star, “Workers injured by impaired driver,” Clarence Williams, Oct. 11, 2013

Construction worker suffers injury on the job

Kansas residents may work in a variety of different work environments. Whether an individual works behind a desk or on top of a building, accidents can happen on the job at any time. All Kansas workers should know what their rights are should an accident on the job occur.

Construction workers are often times exposed to dangerous work environments as part of their everyday job duties and responsibilities. Recently, a construction worker was seriously injured as he was working on a project for the National Museum of Africa-American History and Culture on the Mall. The worker suffered a scaffolding fall while he was working at the construction site. He fell about 20 feet and was immediately taken to the hospital in serious condition.

Whenever a worker is injured on the job, they will be entitled to receive workers’ compensation benefits. Most individuals may think workers are only eligible to receive workers’ compensation benefits if they were injured while performing work specifically for the job; however, there are also additional certain circumstances where an employer is also eligible to receive benefits. These situations can include company parties and other social events that are sponsored by the company, but not necessarily held on company property.

There are some situations in which employers may deny workers’ compensation benefits. These are situations where the worker was not behaving in accordance with workplace safety guidelines, or if alcohol or horseplay was involved in the accident. Having the experience and expertise of a legal professional who specializes in workers’ compensation claims can be helpful to individuals who have suffered an injury while on the job. They will serve as the employee’s advocate and ensure they receive all the compensation to which they are entitled.

Source: The Washington Post, “Construction worker injured in fall by the Mall,” Clarence Williams, Oct. 16, 2013

Workers’ compensation on the rise for U.S. postal workers

When Kansas residents think of injuries occurring in the workplace, they may often think of construction workers, bricklayers and miners as being some of the most dangerous occupations. However, recent reports indicate that United States’ postal workers have a demanding job as well, resulting in an increased number of injuries and increased workers’ compensation insurance.

The Government Accountability Office has reported that in 2012, there were over 32,000 injuries reported by employees of the postal service. In addition, the cost of workers’ compensation increased nearly 70% between 2009 and 2012. Workers compensation insurance for 2012 amounted to $3.7 billion.

While the postal worker’s job may seem relatively safe, many injuries are reported due the extremely physical and repetitive nature of the job. Also, while the nature of the work may be repetitive, there are many different ways a postal worker may injured. Injuries occurring from dog bites, falls and collisions with vehicles were all reported. For postal workers, the Federal Employees’ Compensation Act provides funding for medical benefits to workers who suffer both permanent and temporary disabilities.

There may be Kansas workers who are not employed by the federal government, but who become injured on the job. Fortunately, workers’ compensation benefits are mandated by every state and can provide for medical expenses, training for new positions, as well as compensation for any permanent injuries that are suffered. One does not have to be in a dangerous job to collect workers compensation benefits.

Any Kansas resident who has been injured on the job may benefit from the expertise and guidance of experienced workers’ compensation legal professionals. They will ensure that the injured worker receives all the compensation to which they are entitled.

Source: Insurance Journal, “Neither Rain Nor Sleet But Dog Bites: Post Office Workers’ Injury Claims,” Sept. 27, 2013

Worker suffers multiple injuries on the job

Kansas residents work hard. Whether one works in a factory, on a construction site or behind a desk, on-the-job injuries happen all the time. Accidents can occur due to negligence of the employer or they can occur for no reason at all. Regardless of the circumstances, Kansas workers will have a claim for workers’ compensation to assist with injuries sustained while working on the job.

An oil company worker for Hydrostatic Oil Field Testing Inc. has suffered multiple injuries after being trapped on a derrick. The worker was trapped when parts of the structure began to fall apart. It took rescue workers two hours to free the employee. Rescue workers had to strap a harness to the man and lower him from the broken platform to the ground.

The worker is approximately 35 years of age and suffered both leg injuries and arm injuries from the accident. He was flown by helicopter to Texarkana hospital to be treated for his injuries.

When a worker suffers an on-the-job injury, they are eligible for workers’ compensation benefits. These benefits are mandated by every state. Workers’ compensation insurance is designed to cover injuries that are sustained do to the negligence or carelessness of the employer, as well as the employee. Workers’ compensation does not cover the pain and suffering of the victim, but will cover medical expenses and permanent disabilities that the injured worker has suffered. However, by filing a workers’ compensation claim, one can be precluded from filing a personal injury lawsuit against their employer.

There are benefits to filing a workers’ compensation claim, as well as a personal injury lawsuit. Experienced workers compensation legal professional can assess the specific details of one’s unique case and determine what the proper course of action would be to ensure the victims receives everything to which they are entitled.

Source: Arkansas Online, “Worker injured after oil derrick breaks in Miller County“, Sept. 23, 2013