Tag Archives: workers’ compensation

2 workers killed by falling granite at construction site

As many Kansas residents are aware, working construction is one of the most strenuous, laborious jobs there is. Anyone who has worked on a construction site can attest to this. Not only is the labor physically grueling and intense, it can also be very dangerous. Falling objects, electrocution, explosions and machinery accidents are an everyday risk for many of these workers. These workers put their lives on the line every day for their jobs.

Recently, two workers were killed in a tragic accident at a construction site. The men were working in a shipping container moving large slabs of granite. As the slabs were being offloaded from a truck, 10 of the slabs fell onto the two employees. Emergency responders rushed to the scene to find that one of the men had already died as the result of his injuries, while the other was still alive and had to be rushed to a hospital. He too died as the result of his injuries.

According to reports, crews who responded to the scene were able to break apart the granite and remove the workers within five minutes. OSHA was called in after the accident to investigate the cause. The company the men worked for had no previous accidents or violations on record. A coworker said the two men had been employees in the company for four or five years.

Losing a loved one as the result of a work accident is a tragic and heartbreaking occurrence. What loved ones should not have to suffer further with is the financial strain that often results. Medical and funeral expenses, as well as lost wages, can put loved ones in a financially trying position. However, some of these victims may be eligible for workers’ compensation benefits. Workers’ compensation is an exclusive remedy that is mandated at the state level. Pursuing this compensation and ensuring that a victim’s rights are protected can help to alleviate some of the financial strain following a work accident.

Source: CBS, “Falling Granite Slabs Kill 2 Workers At San Francisco Construction Site,” Feb. 7, 2014

Kansas City construction site accident causes home evacuation

Construction sites are not your average Johnson County, Kansas, workplace environment. Depending on their location, they can interact with the surrounding geography in many ways. Construction sites can sometimes be situated just off main roads or freeways, and passing vehicles may need to slow down when moving through the area to ensure safety.

Even though precautionary measures may be taken, a construction site accident may impact the surrounding areas as well. Even when there is no risk of fatality, it may be necessary to implement construction site safety procedures to comply with established protocol.

A recent accident at a construction site in Kansas City, Kansas, illustrated the need for safety procedures. A fire department spokesman stated that a front loader hit a gas line during the course of the daily work operation, necessitating evacuation of a street mall adjacent to the site and nearby townhomes. The gas leak was later stopped by pinching off the line. Authorities stated that they have no reports of injury from the truck collision or the subsequent leak. The evacuation was described by officials as a precaution.

In the event of injury, legal avenues exist for receiving compensation for any injuries caused by the accident or evacuation. Employers are also legally required by state law to carry liability insurance. While compensation-related disputes are not generally anticipated, workers injured on a work site can consult with legal counsel, if they believe they have not received rightful compensation for injuries suffered.

Kansas City workers’ compensation laws allow for the reparatory payment of lost wages, apart from payments for hospital and other accident-related expenses. If any fatalities occur, death benefits may also be awarded, although no compensation can make up for the loss of a loved one.

Source: KCTV 5, “Construction accident causes gas leak in KCK,” Marc Jacobs, April 16, 2014

Female road worker dies in highway construction accident

The nature of a person’s work can involve exposure to many different dangers. This has prompted Kansas and many other states to enact protective laws, such as requiring use of protective equipment and clothing, to ensure the safety of workers in Topeka, Kansas City, and every road in between. Sometimes construction site accidents occur despite workers following the most stringent safety protocols. This is due in part to the nature of construction work, which often involves using heavy machinery and power tools. Thus, the death of a worker in a construction site accident is as much a general safety concern as a tragedy.

A recent incident resulted in the death of a 48-year-old construction worker at a highway site after a dump truck ran over the worker while backing up. Although the truck was moving slowly, and despite the worker wearing a hard hat and a safety vest, she was unable to avoid the vehicle, having only noticed it moments before the accident. Co-workers at the site apparently tried to scream a warning to the worker as well as the 25-year-old truck driver but the noisy environment made it impossible for them to be heard.

A police highway patrol investigation found that the woman, whose task involved routing traffic using signs, was kneeling on the road surface when the truck hit her.

The accident understandably shocked long-time colleagues on site and elsewhere. While her family might consider a legal route for monetary compensation, their loss can never really be adequately recompensed. Victims of construction accidents are usually eligible for workers’ compensation, but compensation amounts are likely to be determined by the insurance limit purchased by the employer. This limit ultimately may prompt a court battle. Having an experienced attorney deal with the legal issues may grant surviving family members the opportunity to grieve in peace.

Source: News9.com, “Edmond Woman Working Construction Killed On Interstate 44“, Allison Harris, March 22, 2014

Kansas woman appeals denial of workers’ compensation claim

Workplace injuries can result in the injured person being unable to continue working for a period of time, and thus also suffer a possible loss of pay. A person in Kansas thus affected can petition for workers’ compensation benefits.

In the case of one woman who claims she suffered shoulder and neck injuries at her workplace, the legal process took an unexpected turn. An administrative law judge determined she had not proved that the neck injury was indeed a workplace injury; the judge did, however, decide that the woman was eligible to be compensated for the shoulder injury, which resulted in a 16 percent permanent partial impairment.

The Kansas Workers’ Compensation Appeals Board later affirmed this decision. The woman believes the decision to be erroneous, and has appealed the verdict to the Kansas Court of Appeals, which was scheduled to hear oral arguments in the case in late March in Leavenworth. The woman also argues that the Board incorrectly computed her average weekly wage.

In order to recover workers’ compensation benefits an injured worker does not have to prove any negligence or fault on behalf of the employer. It is, however, necessary that the injury should have occurred while the employee was in the course and scope of their employment. While worker’s compensation wage loss benefits are less than 100% of the lost wages, they do provide significant relief. Medical and disability benefits are also recoverable. An experienced workers’ compensation attorney can help an injured worker fight for all the benefits to which they are legally entitled.

Source: LeavenworthTimes.com, “Court of Appeals to hear arguments in Leavenworth,”, March 12, 2014

Workplace injuries major health concern among employees

In Kansas City, if a person suffers a workplace injury, the state workers’ compensation system takes care of all of the expenses. The problem is that workplace injuries are not uncommon. Sometimes, they can lead to serious consequences and sometimes the injuries can even lead to brain injury and death. It can also be difficult to find the responsible party in the event of such a tragedy.

According to recent statistics, employers from the U.S. pay $1 billion each week for the cost of direct workers compensation. According to the U.S. Department of Labor’s Occupational Safety & Health Administration, the problem of repetitive motion injury is growing and this results in about 23 days of work absence for each incident.

The most common form of injury experienced by janitors and custodial workers is a shoulder injury. To reduce work-related injuries, companies should provide physical therapy and occupational health programs to employees. It is very important to prevent injuries by educating employees and modifying their workplace environment.

Workers compensation provides benefits for those who have suffered work-related injuries. It covers medical and wage benefits. An employee can seek benefits for various injuries caused by toxic materials, work-related accidents, and repetitive stress injuries.

If employees are injured in a workplace in Kansas, or any other state because of negligence, they may request the advice from an experienced attorney and seek compensation for their injury in the form of medical expenses and lost wages. A professional attorney may help an injured worker gain better insight into any work-related injury and offer advice on what the next steps for the injured employee should be.

Source: News Medical, “BU faculty develops physical therapy intervention to minimize workplace injury, reduce costs,” Feb. 25, 2014

Two construction workers electrocuted, killed on the job

Any Kansas resident who has worked construction is likely familiar with the extensive safety training that is required as most construction sites. This safety training is necessary because construction sites are highly hazardous environments and the risk of an accident is almost always sky-high. Yet even with all of this safety training, and the many precautions that workers are often legally required to take, accidents can still occur and the results can be catastrophic. Falling debris, malfunctioning machinery and unstable scaffolding put workers at constant risk of being injured – or worse, killed – in a work-related accident.

According to police reports, two men were recently killed in a construction accident. One of the men, age 55, was the owner of a construction company and the other, age 22, was an employee. Both were on company property when the accident took place.

The accident occurred when a dump truck made contact with live wires, according to reports. After raising its big rig to clean out snow that had gathered, the truck became electrified and the driver, after walking outside of the truck, touched the big rig and received a lethal electric shock. The owner of the construction company came rushing to help the man and he too touched the truck and was electrocuted. The two men suffered electric burns and shock and medics were unable to save them.

Considering how dangerous construction sites can be, it can be helpful for workers and their families to be familiar with their rights and the options available to them should an accident occur. One such option is workers’ compensation, which in some cases offers exclusive remedy to victims and their families after an accident occurs. Learning about workers’ compensation can help victims and their families decide whether or not it is the best option to pursue, or if other legal action is more appropriate.

Source: NBC Connecticut, “2 Electrocuted, Killed in South Windsor Construction Accident,” Feb. 19, 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

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

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