Author Archives: Judy Pope

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

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

What to do when involved in an on-the-job injury

Kansas residents are no stranger to hard work. However, there are some work environments, such as industrial plants that may place workers at a higher risk for on-the-job injuries than others.

Recently, a pipeline worker was injured in an industrial accident. The man had to be flown be a medical helicopter to a nearby hospital. There is no word yet on the cause of the injury or the status of the injured worker.

While the extent of the worker’s injuries are not yet known, one thing for certain is that he will have medical bills and expenses. Fortunately, employers in every state, including Kansas must carry some type of worker’s compensation insurance. Worker’s compensation is a system in which employers compensate their injured workers by providing benefits, such as medical expenses, lost wages, costs of training, as well as benefits to survivors of a deceased employee who was killed on the job.

Worker’s compensation benefits can vary state to state and profession to profession. However, most workers that are injured on the job can receive compensation for injuries associated with physical accidents, as in the above mentioned case. Workers can also receive benefits for injuries associated with mental and emotional health due to job-related stress. Workers can also receive benefits for pre-existing conditions that were made worse due to their job-related duties. There are certain injuries that may not be covered under worker’s compensation, including injuries sustained while performing a personal errand (even if during work hours) and injuries sustained while traveling to and from work.

Kansas residents who have been injured on the job need to make sure their rights are protected. Employers may try to find ways to get around paying worker’s compensation benefits. Experienced legal professionals specializing in worker’s comp benefits are available to assess one’s case and make sure they receive all the compensation to which they are entitled.

Source: 12 News Cincinnati, “Pipeline Worker Injured In Industrial Accident“, August 20, 2013

Worker dies in crane accident at construction site

Kansas residents know that there is always the chance of suffering an injury when on the job. However, when one works in the construction industry, the nature of the work puts the employee at a greater risk for injuries and even death than other professions.

Recently, a construction worker lost his life during a tragic construction accident. Two construction workers were working on a power line project when the crane accident occurred. In order to complete the project, the two men had to be lowered by a crane into a 50-foot hole. As the crane was lowering them, a strap broke, causing the men to fall 20 to 30 feet.

Sadly, one of the workers lost his life due to head injuries sustained from the impact of the fall. The other construction worker suffered only minor injuries. The local sheriff’s department, as well as the Occupational Safety and Health Administration, is investigating the accident.

If an individual loses his life or suffers injuries while on the job, the injured employee or the loved ones of the decedent may be eligible for workers’ compensation benefits. Workers’ compensation insurance is mandated by the government at the state level for certain groups of employers in every state. The benefits may include payment for medical treatment and compensation for employees who suffer permanent injury as a result of their workplace accidents. In addition, an injured employee may be able to receive payment for lost wages and the cost of any future training that he or she may require, if the injury necessitates a move to a different position within the company.

Kansas residents who have been injured on the job should make sure their rights are protected. Suffering an injury can be a very traumatic experience, so it is key that the responsible parties are brought to justice and that the victim receives all the compensation to which he or she is entitled.

Source: News 9 Oklahoma, “Oklahoma Man Killed In Minnesota Construction Accident“,

OHSA cites company for multiple safety violations

Residents in Johnson City, Kansas, are no stranger to hard work. Whether one has a job with multiple occupational hazards, or one works behind a desk, employees are entitled to a safe work environment.

Recently, a metal finishing company has gotten itself into hot water with the U.S. Department of Labor’s Occupational Safety and Health Administration. OHSA inspected the work place after workers had complained that they were not evacuated when there was a gas leak on the premises. OHSA found 14 safety violations being committed by the company, including failure to train its employees on proper use of industrial equipment, inadequate labeling of hazardous material and failure to perform medical evaluations on its employees for proper respirator use.

The company faces penalties over $46,000. The company can choose to contest the violations found by the OHSA inspectors, or if it does not contest the findings, the company must fix the violations in the time frame given by OHSA and pay the penalties assessed.

Fortunately, no employee was harmed as a result of the multiple violations found in their work place. Not all individuals are so lucky. When an employee is hurt on the job, they are entitled to workers’ compensation benefits. Worker’s compensation benefits are mandated by every state. They require employers to make payments to employees who suffer injuries connected to their work.

Employers often carry worker’s compensation insurance to provide for injured employees. This insurance covers the employee’s medical expenses, lost wages, additional compensation for injuries that will not heal, as well as compensation to the loved ones of employees who are killed while on the job. Not all injuries are covered under workers’ compensation insurance. It is crucial that any individual who has been injured in the work place ensure that their rights are protected and seek the appropriate assistance in pursuit of justice.

Source: OSHA.gov, “Badger Metal Finishing cited by US Labor Department’s OSHA for 14 violations, including failing to evacuate workers during a natural gas leak,” August 12, 2013

Kansas rail yard accident leaves worker, family unsure of future

Many seriously injured workers in Kansas might be able to relate with the struggle of a man from a small town near Wichita. His sister described him as an active, “innovation type of guy.” In other words, he isn’t accustomed to sitting still. He owned a bakery for a decade and even operated a theater for a stint.

Then he started working for Burlington Northern Santa Fe Railway, and one night on the rail yard changed everything.

In early July, shortly after 2 a.m., the man fell beneath a train car as he helped other workers get a train ready for departure. The car’s wheels pinned the upper part of his legs against the tracks. For 45 minutes, he remained there in extreme pain and conscious, until workers were finally able to lift the car and get him out.

The work accident has kept him in the hospital ever since, and he and his family aren’t sure of what the future holds.

The community in Wellington, where the man has been an active church member and president of the chamber of commerce, has rallied around him. A special fund was set up at a local bank, and community members organized a bake sale and benefit dinner.

These are all commendable efforts in an injured man’s time of need. His rehabilitation may be long and difficult, and his family has likely considered their options for obtaining workers’ compensation to cover the cost of future medical treatment.

Calculating such costs can be a daunting task, and seriously injured employees would be wise to take the proper legal steps to ensure that the compensation is sufficient to the demands of the injury.

Source: The Wichita Eagle, “Town of Wellington to raise money for railroad worker hurt in accident,” Raymond Howze, Aug. 2, 2013

Car hits and kills landscape worker in Wichita

A recent accident in Wichita took the life of a landscape worker. The 47-year-old was reportedly hit by a car as he worked alongside the road. A police officer indicated that the vehicle, driven by a 20-year-old, was not fully on the road when the collision happened. The car also hit a fire hydrant that flooded the street with water.

A woman who arrived at the scene happened to be a medical assistant, and she and another woman tried to help the man by performing CPR. Unfortunately, by the time emergency responders arrived, the victim had already passed away. The accident was still under investigation at the time of a July 29 report in The Wichita Eagle.

The police officer who commented on the accident warned pedestrians and drivers alike about roadside dangers, but it would certainly appear, if the driver’s car hopped the curb, that the worker was simply doing his job when he was struck.

In a case in which a work-related accident leads to the death of a worker, workers’ compensation benefits may be available to the family of the deceased. However, if a worker was injured or killed by the negligence of a third party, a personal injury or wrongful death claim may be a better course of legal action. In the event that faulty work equipment caused a worker’s injuries, a product liability lawsuit may be necessary for the injured party to receive compensation for damages.

In our Leawood and Topeka law practice, we help individuals and families understand their legal rights under our state’s workers’ compensation and personal injury laws. To learn more, please visit our workers’ compensation site.

Source: The Wichita Eagle, “Landscape worker killed when car leaves road, hits him in southwest Wichita,” Raymond Howze, July 29, 2013