Monthly Archives: January 2014

Plant collapse results in two dead, more injured

Kansas residents likely understand the hazardous conditions of certain work environments. Falling debris and building collapses are everyday risks for some employees. Still, most workplace accidents are completely unexpected, even if the danger is known and every safety precaution is duly taken. Most employers are required to secure their workplaces to meet certain OSHA regulations; similarly, most employees are expected to take certain safety precautions to protect against any potential accidents. Accidents can still happen, though, and when a worker is injured or families members are lost in a work-related accident, they may be wonder what options for recovery are available.

An accident recently occurred at a nutrition plant located just north of Kansas in Nebraska. Tragically, two workers were killed and 10 injured as the result of the nutrition plant’s collapse. Evidence points to an explosion being the likely cause of the collapse. Panels appear to have been blown off of the building. This is based on mere photographic evidence, however, and experts anticipate that the investigation will take up to six months.

The plant had previously undergone investigation by OSHA and was cited for six violations. These violations were unrelated to the building’s structure, however. An assessor that inspected the building considered it to be of average quality and in good condition. Based on these findings and the photographic evidence, experts have come to the conclusion that a dust explosion is a possible explanation for the collapse. Contrary to the experts’ opinions, some of the surviving victims in the collapse did not believe an explosion caused the collapse, as they did not hear or see any evidence of a blast.

Even if a company is not found guilty of violating any safety requirements — and are thus not liable for the damages — workers and the families of victims can still pursue workers’ compensation for the financial difficulties they have suffered. Oftentimes, medical expenses and lost wages serve to further inflict suffering on victims and their families, making it prudent to seek out legal help in planning the best course of action to compensation and fair recovery.

Source: Omaha.com, “Evidence suggests blast caused International Nutrition accident,” Barbara Soderlin and Henry J. Cordes, Jan. 27, 2014

19-year-old suffers fatal injuries in construction accident

Any Kansas resident who has worked on a construction site knows how hazardous these work environments can be. Falling objects, electrocution and heavy machinery accidents are an everyday risk. Injuries are not uncommon and, sadly, fatalities are possible. OSHA regulations set forth certain safety requirements that are put in place to protect employees. Unfortunately, these regulations cannot always prevent the tragic from occurring.

A high school student was tragically killed in a recent construction site accident. The young man, 19 years old, had been featured in the news before as an 11-year-old with dreams of becoming a NASCAR driver. These dreams inspired him to race go karts competitively and the young man had won a grand national championship for his driving skills. Tragically, the young man died while working at a highway construction site. OSHA did not release exact details regarding the nature of the accident because of an ongoing investigation.

OSHA, in compliance with the philosophy that workers have a right to a safe workplace, works to reduce hazards in the workplace by implementing certain health and safety programs, along with giving employees certain rights and responsibilities. When these rights are violated, the results are often tragic. Families of loved ones who have been injured or killed in work accidents may be left wondering what options they have for recourse.

With vigorous representation, families of loved ones may be able to pursue compensation through a number of means. There are different forms of recovery that may be appropriate based on the nature of the accident. Sometimes, a product liability claim is suitable, while other times pursuing workers’ compensation is the better option. It is important for victims and families of victims to know all of the options that are available to them.

Source: WCTV, “Fatal Construction Accident In Taylor County,” Andy Alcock, Jan. 20, 2014

Industrial accident leaves worker with hand injuries in Kansas

An employee can suffer many kinds of injuries on the job. Sometimes the injury is due to a defective power tool, or other times it may be from the malfunctioning or misuse of a forklift or crane. The severity and costliness of the injuries vary, too. Some injuries result in lifelong debilitation, while others require simple, short-term treatment. Yet, regardless of how severe the injuries are considered to be, there are options available to employees who are injured on the job.

Kansas residents may have heard about a recent accident that occurred while an employee was performing his day-to-day tasks at his place of employment. The 21-year-old man was performing his duties as an industrial worker at a print and packaging company. The accident occurred when the man’s shirt was caught in a rotating roller, which resulted in his hand being pulled into the roller. According to a police sergeant, the industrial accident caused him to suffer a severe injury in his hand. He was taken to a nearby hospital for treatment.

Treatment for a workplace injury in many cases can be costly. Even the transportation costs to hospitals are costs that need to be considered. Thankfully, the workers’ compensation system exits, which allows anyone injured on the job to pursue compensation for the injuries they have suffered. Regardless of whether the injury was caused by the employee himself, a negligent employer or a manufacturer’s defective product, workers’ compensation is an option worth considering — but there are other options for workers to consider as well. This is why it is important for employees to know all of the available options in order to ensure that their rights are protected.

Source: The Wichita Eagle, “Man injures hand in industrial accident,” Stan Finger, Jan. 4, 2014

Tyson Foods plant in Kansas fined by government agency

Maintaining a safe working environment should be a goal of all employers in the state of Kansas. Unfortunately, some companies fail to meet this goal, prompting action by government agencies.

A Tyson Foods plant in Kansas is facing a serious fine of up to $147,000 due to a series of safe workplace violations, according to the Occupational Safety and Health Administration of the U.S. Department of Labor. The fine came after an inspection by the agency revealed the plant has violated regulations seven times over the past 10 years, including some recent willful violations.

In addition, the inspection revealed that workers were not properly trained on lockout procedures to prevent the inadvertent operation of machinery, and the plant had removed guardrails, subjecting employees to the possibility of amputation. One man had his arm cut off at the elbow when his garments became caught in a machine while at work, pulling his arm into moving gears. Approximately 150 people work at the plant and may have been put at risk of harm.

OSHA is a government agency tasked with ensuring that workplaces meet a set of safety standards. Not only are workers who are exposed to potential workplace hazards entitled to precautions such as guardrails and protective clothing, but they are also entitled to be trained on how to avoid becoming hurt in a workplace accident. They can also request OSHA to inspect their workplace, which can be made confidentially. Workers cannot face retaliation or discrimination for making such a request.

Employers must provide workers with a safe workplace. By holding employers accountable through an OSHA investigation, employees can make sure their rights are upheld and that they are not subject to an unsafe working environment.

Source: The Kansas City Star, “OSHA cites Kansas Tyson Foods plant for violations, including one that led to severed hand,” Dec. 18

Construction site accident injures 2, kills 1

In some work environments, employees are at great risk of injury or death every day. OSHA regulations and requirements are set up to help protect employees by requiring, by law, that employers secure their work environments in certain ways. Unfortunately, OSHA regulations cannot prevent every kind of mishap and workplace accidents are still a tragic reality.

Kansas residents may be shocked and saddened to learn of a recent workplace accident that resulted in the loss of a life. Three construction workers were injured in an accident involving a partial wall collapse. The accident occurred late at night when the workers were demolishing a section of a Ruby Tuesday restaurant located in a mall. Falling concrete from the demolition struck three workers – two of whom had to be rushed to a nearby hospital. One of the men, a 25-year-old, died from his injuries. The two other men suffered minor injuries. The local police department, along with OSHA, are investigating the accident.

Construction sites can be hazardous environments. Given the amount of machinery and environmental hazards that are sometimes present at these sites, there is always going to be a risk of injury. Because of this, it is prudent for workers to learn of their legal rights to make sure they are protected should anything unfortunate occur.

Whether it is a scaffolding accident, defective tool or forklift accident, construction workers who experience an accident may be entitled to workers’ compensation. Workers’ compensation offers an exclusive remedy for those hurt on the job and can help cover medical expenses, lost wages and other costs that result from the tragedy. In some cases, however, it may be more beneficial to file a third-party liability claim – which is why it is important for workers to be aware of all the options available.

Source: CBS Chicago, “Worker Dies From Injuries In Construction Collapse At Vernon Hills Mall,” Dec. 27, 2013