Author Archives: Judy Pope

Man suffers fatal injuries after quarry accident in Kansas

Tragedies that occur on the job involve unique laws. Any injury that is considered work related offers the potential for employees to claim benefits. In addition, any fatality that occurs on the job allows loved ones to apply for similar benefits. Though nothing can undo the physical and mental damages inflicted on victims and their families, compensation can help alleviate some of the financial strain.

A man passed away recently due to the fatal injuries he suffered while on the job. As a quarry worker in Kansas, the 63-year-old man was working for a local company helping to handle explosives being used to detonate rocks. Tragically, the man stood too near to the detonation area when a large limestone rock, along with other smaller rocks, struck him following the blast. After being discovered by fellow employees, emergency responders rushed to the scene where they found the man to be unresponsive. They pronounced him as dead. The investigation is ongoing, but a preliminary investigation is claiming that the fatality was the result of a work-related accident.

Fatalities resulting from workplace accidents are tragic affairs and can cause a victim’s loved ones great pain and suffering. As if this mental anguish was not painful enough, the families of victims often find themselves having to suffer costs from medical expenses, transportation, lost wages and other expenses.

Thankfully, the loved ones of victims have a chance to be compensated for their loss. When it comes to workers’ compensation, there are many laws involved, some of them complex. However, there are legal professionals available to help guide loved ones and victims through this process.

Source: The Topeka Capital-Journal, “Manhattan man killed in quarry blast,” Phil Anderson, Dec. 5, 2013

Report shows decrease in workplace injuries, increase in severity

According to a recent report, the rate in which non-fatal work injuries and illnesses occur across the U.S. has declined. The severity of these injuries, however, has increased.

In 2011, 117 cases per 10,000 full-time workers had to stay home from work as a result of a workplace injury or illness. This number decreased in 2012, as only 112 cases per 10,000 spent days away from work. Though this shows a decrease in the amount of serious workplace injuries — serious, in this case, defined as an injury that requires days away from work — other numbers show an increase in the severity of these injuries.

In the report, severity is measured by the average days a worker is required to spend away from work. The severity of injuries appears to be trending upwards, as a median of eight days was reported in 2011, while that number increased to nine in 2012.

Severe workplace injuries can have devastating effects for an employee. They may require days — if not weeks, months or years — away for work, which oftentimes results in lost wages. Lost wages can have an enormous impact on the injured worker’s pocketbook, making it difficult to cover necessary expenses and the medical costs associated with workplace injuries.

Thankfully, employees injured as the result of a workplace accident have a chance to receive help covering medical costs and lost wages. Workers’ compensation allows workers in such situations to apply for compensation. This compensation provides workers with an exclusive remedy — but first, these employees must file a claim and follow guidelines which determine eligibility.

Source: Tire Business, “U.S. workplace injury rate declines but severity up,” Nov. 27, 2013

Kansas FedEx worker injured on the job, dies in hospital

A workplace accident can happen to anyone at any time. Even in the most unlikely scenarios, an unexpected fall or roof collapse can take someone by surprise and result in injuries — or, in the worst case scenario, rob a worker of their life.

A worker died recently in suburban Kansas. The man, a 62-year-old FedEx employee, was taken to a hospital after being pinned between a dock and a trailer. A trailer was pulling out of the FedEx lot when the man slipped under it. He died while being treated for his injuries. The accident is under investigation and the cause was not immediately known.

When a worker is killed or injured on the job, there can be many complications for both the victim and the victim’s family and loved ones. Of course, every accident — whether it results in mere cuts and bruises or a fatality — has the potential to be traumatic, and there is often lasting emotional pain and suffering.

But then there is the pain and suffering that can be costly in a more literal sense. In many cases, contracting an illness or suffering an injury at work will result in lost wages — something family members and victims often cannot afford. What’s more, victims and their families are often left with hefty medical expenses from hospitalization and the long-term treatments these injuries and illnesses can require.

Thankfully, there is a way for victims involved in such accidents and their families to claim benefits from their employers. Even when the employer is not at fault, workers may be eligible for workers’ compensation benefits that offer employees the chance to receive an exclusive remedy to help ease the pain and suffering caused by the accident.

Source: The Kansas City Star, “FedEx worker dies after being pinned between dock and truck in Shawnee,” Nov. 20, 2013

Workplace accident in oilfield

Accidents are abrupt, unexpected interruptions to someone’s workday. Not only do they happen suddenly, they also sometimes pull in coworkers, police officers and medical helpers who come to the aid of the injured worker. These people often act in heroic ways and do much to help the worker in need, sometimes even saving a life.

An oilfield worker was injured recently in Kansas. After a pulley failed to stabilize the man who was suspended more the 50 feet in the air, a dispatcher at an energy company was called and a bucket truck was sent over to the scene of the accident. Men from the co-op risked their lives to recover the injured worker and in around ten minutes they were able to bring him to safety. A helicopter then flew the man to a hospital in Wichita.

With the help of brave and daring rescuers, workers involved in accidents are oftentimes able to walk away from potentially fatal situations. The workers are lucky to have survived, but they have still experienced damaging trauma and sometimes lasting injuries. Fall injuries, scaffolding accidents, chemical spills and other construction and workplace accidents can result in a variety of lasting and costly injuries and illnesses.

Thankfully, there exists a system known as workers’ compensation that allows anyone who has been injured in these kinds of accidents to apply for benefits. These benefits include compensation for lost wages, permanent injuries and medical care. Survivors of loved ones killed on the job are also eligible for workers’ compensation benefits. Having an employee advocate, like the help of a legal professional, is useful when navigating through the filing of a workers’ compensation claim.

Source: ECT, “Kansas Co-op Helps in Oil Rig Rescue,” Victoria A. Rocha, Nov. 12, 2013

Accident fatally injures Kansas worker

Kansas residents whose jobs require them to work near highways or busy streets know how hazardous their work environments can be. Constant exposure to speeding cars and other construction site perils put them in danger daily. Because of this danger, it is important for workers to know their legal rights and the options available should anything unfortunate occur on the job.

Sadly, one worker was fatally injured on the job in south-central Kansas recently. The worker, a tow-truck operator, was struck by a vehicle while securing a disabled bus to his truck. He was completing a routine job of towing a tour bus away when a westbound vehicle crushed the worker when he was standing by the trailer of the bus.

When a worker is killed or injured on the job, the company the worker represented may be liable for the damages. If a company fails to provide a safe work environment, or violates any of OSHA’s many regulations, then that company is exhibiting negligence and recklessness. Any examples of recklessness can be used by victims and their families to build a case of employer negligence, allowing them to receive workers’ compensation benefits. These benefits help cover lost wages and medical expenses that have resulted from an accident on the job.

Victims and their families who have suffered as a result of a workplace accident will likely need to review their options. Oftentimes a strong argument can be formed that can ease the burden placed on victims and their families by allowing them to receive the compensation that they are owed by negligent employers.

Source: The Topeka Capital-Journal, “Worker killed in highway hit-and-run,” Phil Anderson, Nov. 6, 2013

Tree service worker electrocuted on job

As with every other state in the U.S., Kansas requires employers to purchase workers’ compensation insurance for their employees. For the many who work in high-risk environments, this statute is of great importance because of the hazards and injuries these workers are exposed to daily.

One high-risk profession is that of a tree service worker. Tree service workers are expected to work at dangerous heights; they need extensive training, and have to use safety equipment to minimize the already high-risk of injury; and what’s more, they are constantly exposed to electrical hazards — power lines and electrical conductors come into play in their day-to-day work lives.

Recently, two tree service workers were injured on the job. While working on a home, one of the workers accidentally made contact with a power line. This caused the worker to receive an electrical shock, which jolted him from the ladder he was standing on. He fell, and his colleague tried to catch him. The man’s colleague suffered leg injuries as a result; the first man suffered fall injuries, and burns from the electrical shock.

Sadly, these kinds of injuries are all too common in high-risk work environments. But thankfully, workers’ compensation exists to help ease the burden of such incidents. Workers’ compensation covers a number of expenses, including replacement income and medical care. Any permanent injuries will be compensated, as well as benefits to survivors who have lost loved ones on the job. To make sure one receives the compensation for which they are entitled, there are legal professionals available to analyze one’s case and ensure that every right is covered.

Source: News Times, “2 tree service workers injured in NJ accident,” Nov. 3, 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