February 3, 2010

St. Louis Plant Reopens One Week after Shootings

Employees at a St. Louis plant, where a shooting spree in early January left four people dead, have returned to work. A spokesman for the ABB Inc. plant revealed that the first day back was devoted to helping employees deal with their emotions. Counselors were on hand to help employees cope with the fact that a disgruntled worker killed three co-workers and injured five others before taking his own life.

Authorities say the suspect arrived at the plant on January 7, 2010, armed with four guns and opened fire. They have not released a possible motive. All but two of the injured have been released from the hospital. No details about the conditions of the two who remain hospitalized were released.

Workers who sustain injuries on the job in Missouri are entitled to fair compensation for their expenses and loss of wages. As an injured worker, you could seek compensation for medical treatment including hospital stays, physical therapy, medication, and any other medical treatment that is needed for you to recover from your injuries. If a worker dies as a result of his injuries, then his family is entitled to receive these benefits as well.

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January 27, 2010

Gunman Kills Three, Injures Five at St. Louis Factory

Early Thursday morning, a male gunman attacked a transformer manufacturing company in St. Louis, leaving three dead and five others wounded. Local reports indicate that three of the injured people are in critical condition. Police estimate that 40 to 50 workers were on the premises during the time of the shooting, many of whom were hiding in offices or on the roof. The suspected shooter, armed with a handgun and assault rifle, apparently opened fire in the parking lot before storming the factory. He committed suicide by shooting himself shortly after the ambush.

The accused was also involved in a legal dispute with the company against the administrators’ management of employee retirement funds filed in 2006. He and several co-workers were part of a group of ABB employees who felt that their retirement accounts included excessive fees and expenses for investment options. The trial on this matter began Tuesday in Kansas City, Missouri.

Company owners and manufacturers have a responsibility to protect all employees on the premises. This includes maintaining proper working conditions, fire and hazardous materials safety, and adequate security.

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November 30, 2009

OSHA Workers' Compensation Data in Question Due to Employee Underreporting

According to an article posted on New York Times’s website, many employees are not reporting work-related injuries and are consequently are not enacting their rights to safe working conditions. The Government Accountability Office (GAO) issued a report Monday, indicating that the underreporting is a result of employee fears of hurting work and contract opportunities, being disciplined or fired, increased workers’ compensation costs and preventing benefits to colleagues. Still, workers who don’t report injuries also have to foot the bill for any medical visits and supplies, prescriptions, and therapy necessary for treatment.

The lack of reporting also has a direct affect on the accuracy of Occupational Safety and Health Administration (OSHA) data and reports. Inefficient data can prevent new and more efficient legislation regarding workers’ compensation from passing. The GAO also reported that over a third of occupational health practitioners surveyed stated that employers had pressured them to “play down” work-related injuries or illnesses in order to minimize the number of reports.

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October 12, 2009

Worker Injured in Missouri Mine Accident

A worker was injured in a mining accident in Bunker, Missouri by a small fall of ground. According to a KFVS news report, employees began administering first-aid immediately to the injured worker, who was airlifted to a St. Louis hospital. The worker is expected to recover and did not suffer life-threatening injuries. An internal safety investigation is reportedly being conducted.

Workers who sustain injuries on the job in Missouri are entitled to fair compensation for their expenses and loss of wages. Most employers are required by state law to carry worker's compensation insurance for their employees. As an injured worker, you could seek compensation for medical treatment including hospital stays, physical therapy, medication, and any other medical treatment that is needed for you to recover from your injuries. If you suffer a serious injury and become permanently disabled or unable to work, you may be entitled to additional compensation for your suffering and lost earnings. If a worker dies as a result of his injuries, then his family is entitled to receive these benefits as well.

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September 24, 2009

An Employer Paying for a Worker's Weight Loss Surgery?

It may seem a bit out of the ordinary to Missouri residents to hear that a workers’ compensation board in Indiana is requiring an employer to cover an employee’s weight loss surgery. However, there are elements to the story that support such a decision. According to a usatoday.com report, the employee, who is a cook, suffered a painful back injury after being hit by a freezer door during a shift. The board concluded that the 380-pound employee’s back surgery would prove ineffective unless he underwent a weight loss procedure first.

Although it is true that the employer was overweight before he injured his back while at work, he gained more weight as a result of the injury. In addition to covering the cost of the back operation, the man’s employer will now have to pay for a lap-band weight reduction surgery that could cost $20,000 to $25,000. Needless to say, this case has raised alarm among businesses that may face such costly claims in the future. The decision also brings up the question of whether or not employers will resist hiring workers with health conditions that could potentially cost their companies a lot of money if a work accident happens to take place.

Employers are responsible for the safety and well-being of employees and are expected to create and maintain a safe working environment to help prevent injury or harm from plaguing workers at any time. When employers fail to uphold the responsibility of properly training employees or neglect to properly check the condition of working environments, serious consequences can result from work-related injuries.

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July 1, 2009

Missouri Construction Accident Kills Female Worker

A female worker was killed recently while working on a concrete placement which was part of the Taum Sauk reservoir rebuilding project. An article claims that the 48-year-old woman was airlifted to Barnes-Jewish Hospital in St. Louis and died from the injuries she received in the Missouri workplace accident. At the time the article was published, law enforcement officials investigating the Missouri construction accident had not yet released the accident victim’s name, but said that she was employed by Ozark Constructors LLC at the time the accident occurred.

Ozark Constructors had been hired by the reservoir’s owner—AmerenUE—to rebuild the reservoir after a breach occurred in the reservoir, which released a wall of water down the side of a mountain and into Johnson’s Shut-Ins State Park on December 14, 2005. St. Louis-based utility company AmerenUE prepared a written statement that said the safety of everyone at the Taum Sauk reservoir construction site was the company’s top concern. “Our thoughts and prayers go out to the family and coworkers of the construction worker who died as a result of this morning’s tragic accident at the Taum Sauk upper reservoir rebuild site,” the utility said in its written statement.

Ozark Constructors said that its workers have logged over 2 million hours of work over 21 months at the construction site, but the company declined to provide additional information pending an investigation into the Missouri construction site accident conducted by the Occupational Safety and Health Administration.

Construction sites can be very dangerous workplaces with lots of heavy equipment being moved by large machinery, multistory scaffolding and other potentially hazardous conditions. The majority of construction companies make construction site safety a priority and spend a great deal of time and money ensuring that employees receive the training, safety measures, and qualified supervision to prevent Missouri wrongful death accidents and personal injury incidents. However, there are some construction companies that take shortcuts to save money and expose their workers to unnecessary risks, and far too many workers are killed and seriously injured each year in Missouri construction site accidents.

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May 6, 2009

Missouri DOT Truck Rear-Ended on I-29

StJoeNews.net reports in an account that on April 5, 2009, a compact car driven by a 23-year-old Liberty woman rear ended a Missouri DOT truck. The accident occurred a few miles south of St. Joseph on I-29. The DOT truck was stopped in the passing lane of I-29 northbound with a warning directional arrow activated to signal motorists into the driving lane. The driver of the compact car suffered minor injuries from the auto accident in Missouri.

During spring, the Department of Transportation rushes to repair the toll that winter takes on Missouri’s roadways. As part of that repair effort, state workers often have to stop in one or more lanes of a roadway. Although the big orange trucks of the DOT carry warning lights to notify motorists that the vehicles are moving slowly or have stopped, obstructed sight lines or other situations can slow driver reaction time, creating the potential for dangerous accidents.

We would like to take this opportunity to remind Missouri motorists to be careful on the highways and interstates during the annual spring road repairs. Be cautious approaching hills, curves and other places where sight lines are restricted.

Over 40,000 people are killed each year on the nation’s highways. Don’t become another statistic. Stay alert behind the wheel and pay attention to the lights and warning signals on state vehicles.

If you have any questions about car accidents, truck accidents or workers compensation, please contact us at the Missouri personal injury law firm Page Cagle. We have handled numerous cases of individuals suffering catastrophic injuries caused by the negligence of someone else as well as helped families receive financial compensation for the wrongful death of a loved one. Call us today at 866-620-5757 to discuss your case with an experienced St. Louis personal injury attorney.

April 14, 2009

St. Louis Woman Killed in Vehicle versus Train Accident

A St. Louis woman died after her truck was hit by an Amtrak train as she tried to cross railroad tracks. According to this news report, the woman was on her way to conduct soil tests at a pipeline construction site when she was hit by an eastbound Amtrak train in Hartford. She was pregnant at the time of the train accident. No one in the train was injured.

The crossing where this auto accident occurred is marked but has no lights or gates, according to the news report. Some say it is tough to see approaching trains at the crossing because of vegetation, but Hartford police say they haven't had a train accident at that crossing in 25 years. The fatal accident is still under investigation.

If an accident occurs when a worker is on-the-job or on the way to his or her job then he or she would be entitled to workers compensation benefits. In cases where the accident is fatal, the victim's family would be entitled to workers compensation benefits. Missouri workers compensation laws and procedures can be confusing and complicated. But a knowledgeable and top workers compensation attorney in Missouri can advise you about your rights and how to go about getting the compensation you rightfully deserve.

In auto accident cases that involve other parties or other vehicles, a skilled Missouri personal injury attorney will be able to look at all aspects and scenarios to determine who should be held accountable for the accident and injuries. If you or a loved one has been injured in a Missouri auto accident, please call Page & Cagle to find out about your legal rights and options. We offer free consultations and case evaluations.

February 23, 2009

Missouri Barge Accident Kills Man On-the-Job

A Missouri barge worker was recently killed near Cape Girardeau, Missouri. The 67-year old worker was cleaning an empty barge when he fell 20-25 feet into the uncovered rake barge. The man, who had been working with the barge company for three years, died on impact.

Currently, the barge company is investigating the Missouri barge accident. It is believed that an autopsy will uncover additional details relating to the man’s death. No Missouri barge accident lawsuits have been filed at this point.

Depending on the type of information discovered through the Missouri barge accident investigation, this accident may result in a Jones Act claim or wrongful death claim. The Jones Act, is a federal statute that details seamen’s rights, regulates water transport, and more specifically, restricts maritime commerce.

The Jones Act provides remedy for seamen injured through employment when employer negligence can be shown. In the case at hand, it would need to be proven that the decedent’s employer was negligent, which directly caused the injury suffered. The statute states, under 46 U.S.C. 688, et seq.: any sailor/seaman who shall suffer personal injury in the course of his employment may, at his election, maintain an action for damages at law, with the right to trial by jury, and in such action all statutes of the United States modifying or extending the common law right or remedy in cases of personal injury to railway employees shall apply.

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February 6, 2009

Missouri Barge Accident Injures Man On-the-Job

With floodwaters recently rising across the Midwest, barge accidents are occurring more frequently and are causing serious damage. Barge crashes often cause personal bodily injuries and property damage. When a barge accident occurs, it is most important to seek medical attention. After you seek medical attention, contact Page Cagle, an experienced reputable barge accident law firm to fight for your rights. An experienced personal injury lawyer will work with you side by side to get you the compensation you deserve.

Barge accidents create many potential hazardous conditions. Barges are dangerous by nature in the sense that tugboats carry them. Barges have no engines and thus have no directional control if they are accidentally freed from their tugboat. Barges can be extremely destructive, destroying anything in its path if released.

However, those most often harmed in barge accidents are barge employees. When a barge worker is injured in the course of employment, the Jones Act is the law that mandates resulting lawsuits. The Jones Act runs along the same lines as worker’s compensation claims; however the Jones Act requires that employer negligence be proven, and this law may also allow injured workers to receive more compensation.

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December 22, 2008

Mississippi River Barge Accident Dumps 200,000 Gallons of Oil

A Mississippi River barge accident that spilled over 200,000 gallons of oil into the river has ended up in court. Coast Guard investigations found that the towboat pilot on duty during the barge crash was improperly licensed and overworked when the accident occurred. The barge company was brought to court in a barge accident lawsuit, however, the tug pilot alleges faulty products caused the crash.

The tug pilot testified that radar and steering lever problems caused the crash. Specifically, he alleged these problems drew his tug into the path of the tanker he ultimately collided into. The allegedly malfunctioning radar was blamed for distracting the tug pilot from realizing his vessel was veering towards the tanker ship. The tug pilot claims after he realized he was headed for disaster, the steering wheel jammed and left him unable to change directions.

Barge accidents typically occur when barges are accidentally freed from tugboats, as opposed to tugboats being led in the wrong direction like this case. When barges are freed from tugboats, these large sea vessels are left open to veer into other sea vessels or static objects. Such barge accidents often cause severe injury and even death. It is also common to see barge employees injured in the course of employment aboard sea vessels.

Page Cagle is a St. Louis Injury Law Firm that aggressively represents people injured in maritime claims and employees injured through the course of barge work in Jones Act claims. For a free consultation, call us directly at 314.322.8515 or toll free at 1.800.500.INJURY (4658). You pay nothing unless you recover. You can also email me at john@pagecagle.com or visit www.BargeAccidentLawGroup.com for more information.

November 20, 2008

St. Clair County Truck Accident Puts Driver and Employer on Defense

A Missouri woman filed a personal injury claim after sustaining severe injuries in a St. Clair County car accident. The woman alleges injuries to her neck, back, shoulder, hip, and wrist. She is suing for injury against the driver of the vehicle, as well as his employer.

This Missouri car accident lawsuit alleges the Plaintiff was driving west on State Street, and the employee (defendant) was driving his truck in the same direction on the same street when he hit her. Allegedly, the driver of the truck traveled outside of his lane and hit the woman's car, causing her to not only sustain injuries but also to miss work. She sued for lost wages, medical costs and pain and suffering.

It is alleged that there is evidence of truck driver negligence in several respects:

1. That he was driving over the speed limit;
2. That he failed to drive with reasonable caution or carefully;
3. That he failed to stop or slow down before the collision; and
4. That he drove without a driver's license.

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November 3, 2008

Missouri Construction Worker Killed in Highway Crash

A 56 year old Rolla, MO construction worker who was directing traffic on U.S. 63 north of Thayer, was killed after two vehicles crashed on the highway, according to a report on KY3 News. Missouri State Highway Patrol officials said a tractor-trailer slammed into a stopped sport utility vehicle. The semi then ran off the right side of the highway and overturned on the worker. He was pronounced dead at the scene of the Thayer truck accident.

The driver of the tractor-trailer, a 57-year-old man, was uninjured. The driver of the SUV suffered moderate injuries. She was treated at an area Missouri hospital.

Anybody who is injured on the job in Missouri is entitled to fair compensation for their injuries and financial strain. An experienced Missouri worker’s compensation attorney can help protect the injured victim’s rights.

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September 29, 2008

Workers Compensation Claim Disputed in Court

A recent worker’s compensation claim was brought to court in Florida because the employer alleged some of employee’s injuries were unrelated. The employer specifically alleged the injured worker had previous medical conditions that “flared up” during work but weren’t actually caused by work. The employer did not dispute all of the injuries.

In this case, the woman injured was employed as a certified nursing assistant at a nursing home. The woman was trying to lift an elderly resident, who was heavier than she was, from a chair. She claims that she felt a jerk and snap in her right arm and right shoulder and experienced severe neck pain. She completed the rest of the night’s shift and came into work the next day, but alleges that she was in great discomfort and pain. After working this shift, she felt her condition was worsened and was not able to return to work again because of the injuries.

The woman alleges that all of her injuries were sustained through this incident at work and that her employer should pay for these injuries per workers compensation laws. However, it was previously well-documented that the woman suffered from arthritis and neck pain in addition to experiencing right shoulder and arm problems.

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September 12, 2008

Injured Missouri Railroad Employee May be Eligible for FELA Claim

A railroad worker employed by Norfolk Southern Railroad was recently injured while working in Ohio. The worker, who fell from a bridge into the Vermilion River, was working to fix and replace railroad ties on a set of train tracks. While the man was working on repairing the railroad tie, both he and the tie fell into the water. The man was taken to the hospital for injuries sustained in the work-related accident. It has not yet been determined what caused the fall; depending on the cause, the injuries sustained may be grounds for a FELA claim.

When a railroad employee is injured, the act that regulates legal action is the Federal Employers Liability Act (FELA). In order to establish a FELA claim, four elements must be proven.

The elements are:

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August 19, 2008

St. Louis Workers Compensation Claim Follows Construction Accident

The (OSHA) Occupational Safety and Health Act, enacted by the federal government, mandates safe working conditions for all employees. When an employer does not correctly comply with said workplace safety standards and a worker is injured, a workers compensation claim will generally ensue.

Workers compensation is typically the exclusive means by which an employee can receive compensation for a work-related injury. Although the employee need not prove employer fault or negligence to receive compensation, the employee can only recover certain forms of relief. Workers’ compensation has safeguards for both the employee, in terms of assuring some compensation, and the employer, in terms of only requiring the payout of specified damages.

When an employee is injured in the course of employment, obtaining a skilled personal injury attorney is as necessary as seeking medical attention. Although most believe workers’ compensation claims only involve the injured employee and employer, often times, more than one employer will be brought into a workers compensation claim and several legal issues will arise in the course of investigations. By finding an experienced workers’ compensation attorney, you are completing an essential step on the way to a successful claim.

A worker recently injured on the job in St. Louis, exemplifies how work injury claims may deal with several issues and employers. In one recent case, an employee was injured while working at an elementary school and was hired by a project manager and subcontractors for construction work. The worker was hurt by falling ceiling debris in an elevator shaft at the elementary school and is claiming OSHA standards were violated because there were no safety precautions taken. The lack of construction nets is being argued as a foreseeable danger.

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August 13, 2008

Workers' Compensation and Workplace Safety a Right, Not a Luxury

Workplace safety is not an option for employers. The federal government requires that all employers provide a safe working environment free from any hazardous or harmful conditions for their employees. When such harmful conditions are present in a workplace, employers will likely be liable for any injuries from unsafe workplace conditions.

The Occupational Safety and Health Act (OSHA) of 1970 mandates safe working conditions in America and provides the workplace standards by which employers must abide. When an employer does not comply with the OSHA standards and an employee is injured, a workers compensation claim will likely ensue.

Workers' compensation provides guaranteed compensation to employees injured in the course of employment; however, the amount of compensation that can be recovered is limited. Therefore, a workers' compensation claim also safeguards employers from paying any excessive costs beyond which is set for certain bills and lost wages, despite the fact that an employee may suffer greater damages.

An example of an employee who suffered damages beyond that which was set per workers' compensation is seen in the case of a paralyzed truck driver. In this case, a former independent truck driver was involved in a loading dock accident that paralyzed him from the chest down. The injured worker received payment through workers' compensation settlement agreement, however the payments were not great enough for the amount of medical bills, lost wages and life altering damages the man experienced.

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August 7, 2008

Texas Couple Files 41 Products Liability and Workers Compensation Suits

A married couple in Texas has filed a benzene claim against… 41, yes 41, chemical and oil companies. The couple has filed on a myriad of claims in regard to the husband's cancer he allegedly got from unsafe benzene exposure at work. The couple alleges the oil and chemical companies did not adequately test products before making them available in widespread markets. They also claim the availability caused several individuals harm through health complications and contracting cancer.

The man alleges that the chronic lymphocytic leukemia he was diagnosed with was directly caused through routine benzene exposure at work. The man worked in a chemical lab as a technician and was exposed to benzene and benzene products on a daily basis. This allegedly led to the development of his cancer. The suit alleges that the oil and chemical companies failed to warn them of foreseeable health risks related to benzene exposure, as well as stating the companies failed to study other risks associated with being around benzene routinely.

With help from a products liability attorney, products liability claims against the product manufacturers and workers' compensation claims against the man’s employer were filed. Other personal injury claims were filed for the wife’s suffering and losses in dealing with her husband's traumatic situation.

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August 5, 2008

Workers' Comp Claim… What You Need to Know

When you are involved in a work-related accident and suffer injury, there are many important things you need to know in order to make sure you are justly compensated for your injuries. First, make sure that you receive immediate medical attention; it is crucial to your case that you have firm evidence from a credible source. By visiting a medical professional and having formal evaluations of your condition, you are putting yourself in the best position possible to prove your case and show sustained injuries.

Next, it is important to obtain a skilled workers' compensation lawyer who has a reputation for successfully and aggressively handling said claims. Your workers compensation lawyer will be an asset to a successful work-related injury lawsuit. An experienced personal injury lawyer will be able to advise you of what steps to take to ensure just compensation and will also be able to tell you the processes involved so you are in tune with everything that goes along with a lawsuit.

Basically, evidence is crucial to any lawsuit, and especially those involving work-related suits. By speaking with an attorney you will learn how to handle the suit in order to protect your rights. Unfortunately, employees are sometimes quick to speak to their employers and lose out on additional recovery simply because they do not know the proper procedure to handle a lawsuit in order to preserve all possible claims.

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July 28, 2008

ABB Power T&D Employee's Hesitation Costs Him Greatly

Workers compensation laws in Missouri require employers to compensate employees for costs associated with workplace injuries. Medical costs, temporary disability costs and some permanent disability costs are included through workers compensation laws.

Employees automatically have a right to recover for work-related injuries in Missouri; however, when an injury causes future illnesses or health conditions, it must be proven that the illness was directly caused by the initial work injury. This requirement can cause complexities because health issues can be linked to other factors, like heredity or preexisting conditions. Meaning, timely medical assistance and reports are important, not only to aid your injury but also in proving future related health conditions.

In a recent Missouri case, Kliethermes v. ABB Power T&D, an employee suffered from several heart complications after an electrical injury he received on the job. The problem in this case was that the plaintiff was unable to prove in court that his heart conditions were causally connected to the workplace injury suffered because he didn’t seek immediate medical attention.

The facts of the case are as follows: The plaintiff previously had a heart condition, which doctors classified to be mild as he still participated in regular work activities as well as cardiovascular exercise without difficulty or strain. Plaintiff, received an electrical shock due to unsafe conditions while at work, throwing him against a barrier fence. The plaintiff was unable to work after the injury, feeling extremely weak and tired. He was later hospitalized for uncontrollable heart conditions after medicine was unable to stabilize his heart and blood pressure.

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July 22, 2008

Workers Comp Simple on Paper, Complex in Practice

Workers compensation claims in Missouri are relatively simple to understand in principle. Basically, employees are automatically provided certain types of compensation for injuries sustained in the course of work, and employers are assured in knowing how much they will have to spend without ever worrying about future court and legal expenses.

However, workers compensations claims are not always so cut and dry in practice. Issues arise constantly in the course of workers compensation claims, such as with billing or when amounts paid by an employer to the employee (or their family) turns out to be incorrect.

In a recent Missouri case, an employee died from unsafe asbestos exposure at an electric company. The electric company was ordered to pay the man’s widow a weekly death benefit. Somehow through billing errors, the company had overpaid the widow around $20 extra a week until they realized the mistake-- when the overpayments accumulated to over $4,000.

The electric company brought the widow to court based on the first workers compensation claims to dispute the amounts paid and to seek reimbursement for extra monies paid.

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July 11, 2008

Man Drowns When His Lawnmower Falls Into Lake

It was recently reported that a lawn care company employee drowned while working in East Naples, Florida. The decedent was doing lawn work when the lawn mower he was operating flipped into a homeowner's lake. The man's widow has filed a personal injury lawsuit against the employer lawn service and the property owner.

A wrongful death personal injury lawsuit was filed alleging negligence. The suit claimed the employer was negligent for asking the man, who could not swim, to cut a lawn near a deep lake.

Certain family members can generally bring a wrongful death suit when a defendant can be found to have caused or at least partially caused the decedent's death. Wrongful death lawsuits suits can arise through various claims. Some examples include: medical malpractice, car accidents, truck accidents, motorcycle accidents, and occupational exposure to unsafe circumstances.

A workers' compensation claim was also filed in the above case. Such suits seek compensation for injuries that occur when a worker is injured in the course of employment.

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June 27, 2008

Heat-Related Illness Training, Measures to be Implemented

Washington State is now implementing a rule aimed to curb heat-related illnesses suffered by outdoor workers during the summer. Such heat-related illnesses were regularly contributing to workers' compensation claims.

The law, which is set to begin on July 5, will require employers

1. to train employees and supervisors to be able to recognize heat-related illnesses

2. to provide extra water when temperatures reach a certain level

3. to be able to respond to heat-related illnesses and determine if medical attention should be sought

The rule was put in motion to mandate adequate workplace safety, setting out items necessary to being able to manage increasingly hot temperatures with outdoor laborers. Washington partially adopted this regulation in response to the continuous growth in workers compensation and death claims related to heat stress and heat stroke.

Workers’ Compensation laws are in place to regulate claims arising from injuries occurring during the course of employment. The law discussed above in Washington serves to expand aspects of workplace safety regulations in order to avoid the increasing claims due to heat-related illnesses suffered by employees. Important information about Missouri workplace safety regulations can be found on my Workers' Compensation website.

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June 16, 2008

Duke University Employee Dies In Steam Pipe Explosion

After man died in a steam pipe explosion while working at Duke University, concerns over workplace safety conditions are coming about. The man was working in the basement of a research building when a steam line exploded and killed him.

Before the man died, he told his family about how his supervisors often told him to "patch things" instead of taking on more thorough and costly repairs for the buildings. The family believes that some of the steam systems should have been replaced and that the workplace conditions were unsafe, possibly causing the man's death.

The Occupational Health and Safety Act(OHSA) of 1970 mandates safe workplace conditions. The basic premise behind workplace safety requirements is that employees should always be provided reasonably safe working conditions that are free from hazards. Workplace safety issues are often brought about when dealing with Missouri personal injury claims, workers compensation claims, as well as wrongful death claims, as the case above may result in.

Under the American Jurisprudence section on employment, the duty of an employer to provide safe workplace conditions is discussed. The duty is set out through several requirements but basically just states that an employer needs to provide employees with a safe workplace environment by following certain mandated health guidelines.

Further, if an employer fails to comply with the duty to provide safe and healthy work conditions, and a worker is injured in the course of employment from the employers neglect, the employer will likely be found liable. An experienced personal injury attorney will be able to help determine if a viable case exists.

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May 27, 2008

OSHA's 'Workers Rights'

W.R. Grace & Co. was forced into bankruptcy after more than 135, 0000 asbestos injury claims were filed against the chemical maker. Grace agreed to settle the personal injury suits by paying as much as $1.8 billion. This settlement will eliminate Grace's liability for its asbestos products, leaving future lawsuits to be settled through a trust fund. Insurance providers and other companies facing related asbestos claims will share the cost of financing the trust.

Grace still faces federal criminal charges in connection with its ore mine near Libby, Montana, where 1,200 workers and residents were allegedly injured or killed as a result of asbestos- related diseases.

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) protects workers from asbestos exposure in the workplace, or in connection with their jobs. OSHA also requires employers to provide a workplace that is free of serious recognized hazards.

OSHA lists several workers' rights to suggest ways for workers to learn of possible dangers in the work place before it's too late. The following can be found in further detail at:

1. TRAINING FROM YOUR EMPLOYER

-Get training from your employer on chemicals you are exposed to during your work and information on how to protect yourself from harmful workplace injuries. Employers must establish a comprehensive, written hazard communication program (Chemical Hazard Communication)

-Your employer must label chemical containers, make material safety data sheets with detailed hazard information available to employees, and train you about the health effects of the chemicals you work with and what the employer is doing and what you can do to protect yourself from these hazards.

-Get training from your employer on a variety of other health and safety hazards and standards that your employer must follow. These include lockout-tagout, bloodborne pathogens, confined spaces, construction hazards and a variety of other subjects.

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