Washington Personal Injury Blog - Workplace Injuries

Injury claims and on the job injuries

Don Jacobs — Sun, 03 May 2009 17:06:58 GMT

Most people are aware that any injury on the job is covered by workers compensation. The right to have your medical bills and wages paid and the amounts paid for each are set by statue in every state. Workers compensation systems are referred to as “no fault” systems, meaning it doesn’t matter who caused the injury, everyone is covered. In exchange for everyone being covered and supposedly speedy payment of set benefits, workers give up the right to make any claim for injury against their employer. The rule prohibits claims against fellow employees as well. If you are injured by a fellow employee or your boss, even if due to an act of carelessness, you give up your right to sue by being covered under workers compensation. The only exception is an intentional injury. In other words, you still have the right to sue if your boss of co-worker deliberately caused your injury. The exception essentially requires the act to rise to the level of an assault. Sometimes however, injuries are caused by someone not in the employ of your company. Construction sites are a place where this commonly occurs. Anytime employees from several different companies are working in the same location, the lack of abiding by certain safety rules by one company can cause injury to the employees of another. When this occurs, the injured worker still is entitled to have his injury covered under workers compensation. In addition however, he or she is entitled to ask the other employer to compensate him or her for the many things workers compensation just doesn’t cover. Things like damages for loss of future ability to earn; pain and suffering, disruption of life or permanent damage to someone’s health are all items of damage not covered under workers compensation. In these situations, the injured worker would benefit from finding out what his or her rights are with regards to compensation from the other company. Making an injury claim against the other company will do nothing to harm your right to collect full workers compensation benefits. If you collect any damages from the other employer however, you do have to reimburse your workers compensation department for the benefits they paid. Making a claim against another company for your injury also benefits your employer. If the workers compensation department is reimbursed out of any settlement you receive, your employer benefits by having his workers compensation rates lowered.

Originally posted at InjuryBoard by Don Jacobs

Extra compensation for injuries on the job

Don Jacobs — Sat, 03 Jan 2009 18:43:00 GMT

Oregon and Washington both have statutorily defined workers compensation benefits. If injured on the job in either state, an injured worker is entitled to these benefits. Medical bills, wage loss, retraining and a permanent partial disability award are common examples. Workers compensation coverage is true “no fault” insurance. Meaning, you don’t have to prove anyone did anything wrong to recover. A worker can essentially trip over their shoelaces to become injured. They are still entitled to benefits. What if the employer did something negligent that caused the injury to occur? Can a separate suit be started against the employer? Usually not. Suits against the company are almost always barred by state immunity laws. If a worker is covered under workers compensation an employer can violate all sorts of industrial safety rules and still be immune from any suit brought by an employee. In order to get around this immunity rule a worker must show the act committed by the employer almost rose to the level of a criminal assault. Only an injury that was intentionally caused by an employer allows a worker to file suit. There are however, times when an injury on the job entitles the worker to more than just workers compensation benefits. Suits referred to as “third party actions” typically allow injured workers to recover workers compensation benefits and still file a claim against a “third party”. The classic example of a “third party” is an employee from another company who does some negligent act injuring someone at the job site. These types of cases often arise at construction sites, where employees from several companies are working in close proximity. Another example is a member of the public coming onto the worksite and creating some mishap injuring a worker. Sometimes it is difficult to tell if a “third party” is involved. When any “third party” is responsible for a worker’s injury, the entitlement to workers compensation benefits is precisely the same as if a fellow employee caused the accident. The injured worker gets his benefits just as fast either way. Unfortunately, these benefits do not pay any compensation for pain and suffering. Nor do they pay any compensation for how the injury affected someone’s health or their ability to enjoy everyday activities. Wage loss benefits are also less than what the worker was actually paid while working. Finally, the workers compensation benefits for retraining are woefully inadequate. Many states do not even require the injured worker be retrained into a similar paying job. This is why it is important to determine if any “third party” was responsible for any work site injury. If they are, an injured worker would be wise to exercise his or her rights to seek more than just the workmen compensation benefits available.

Originally posted at InjuryBoard by Don Jacobs

Worker Crushed In Crane Accident

Chrissie Cole — Wed, 26 Nov 2008 12:37:00 GMT

A construction worker, 46, was killed when a crane fell on him at a work site in Whitman County, according to Whitman County Sheriff’s Office.

The worker was helping to upload a section of the crane when the loading straps snapped and the piece fell on him, said Sheriff Brett Myers in a news release following the accident.

The worker was employed by ANR Craning of Lewiston. The company could not be reached for comment.

The accident is being investigated by the Washington Department of labor and Industries.

In 2007 there were 16 construction fatalities in Washington State. And in 2006, 87 Washington State workers were killed in work related injuries, according to the U.S. Department of Labor Statistics. #

Originally posted at InjuryBoard by Chrissie Cole

Death at Rainier Vista Construction Site Underscores Risks

Michael Myers — Wed, 17 Sep 2008 14:36:00 GMT

Earlier this month a construction worker, Steven Dale Slee, was injured while working in a trench at a Rainier Vista construction project.

Seattle firefighters took Slee to Harborview Medical Center after 7,000 pounds of compacted dirt fell on him at a work site located at 33rd Avenue South and South Oregon Street in south Seattle.

The dirt fell from the side of the trench after a slab of compacted fill broke, the Seattle Fire Department reported. Rescuers used an airbag and ladders to reach Slee. A second construction worker, a man, was able to escape from the trench. He suffered non-life threatening injuries.

This horrible accident underscores and highlights the dangers associated with work at a construction site. These dangers are the precise reason that Washington law imposes such a strenuous burden on general contractors to maintain a safe job site. This duty cannot be delegated to subcontractors.

In serious injury and fatality accidents like this the Department of Labor and Industries investigates the accident. The investigation and its findings are often useful in later preparing and prosecuting either a personal injury or wrongful death claim.

Originally posted at InjuryBoard by Michael Myers

Injured Workers and Third-Party Elections

Michael Myers — Tue, 16 Sep 2008 11:21:34 GMT

I read a story in the Seattle Times this morning. It reported that a man was burned and other injured when equipment made contact with a high-voltage power line.

The two men were painting a commercial building from a lift bucket in the 17100 block of West Valley Highway when some equipment hanging from the lift bucket came into contact with the 115,000-volt power line, causing a "bit of an explosion and fire," Grisham said.

Workers compensation provides benefits to injured workers no matter who caused them. But workers compensation benefits are not the only remedy available. If the accident or injury was caused by a third-party (that is, someone other than an employer or co-worker) the injured worker has a claim just like he or she would if the accident happened outside work hours.

However, to pursue this claim the worker has to sign a "third-party election" (provided by the Department of Labor and Industries). If the Election isn't signed, the injured worker's claim devolves to the Department. And the Department is usually interested only in recovering the medical and lost wage benefits paid to the worker (as opposed to also recovering the general damages (pain and suffering, etc.) that rightfully belong to the injured worker.

Originally posted at InjuryBoard by Michael Myers

Jobsite Injuries--Don't Overlook the Third Party Claim

Michael Myers — Mon, 14 Jan 2008 17:25:52 GMT

You get hurt at work. You file a workers compensation claim. But that shouldn't be the end of the story. Workers compensations claims yield significantly less money for injured workers than third-party personal injury claims. A good example appeared in the paper recently.

Rolondo Dudley, 32, suffered a compound fracture on his right leg during a construction accident this past Friday. Dudley was lowered 10 floors by a crane to the Seattle Fire Department medics who waited below. The accident occurred on the construction site of Mirabella, along Fairview Avenue, between Denny Way and John Street.

Workers compensation is not going to pay for the injured worker's pain, suffering and loss of enjoyment of life. And it will only pay for a portion of his lost wages. If he was injured by someone other than an employee from his own company, he can bring a third party claim against the person who dropped materials on him, the employer of the at-fault employee and likely the general contractor.

For more information on this subject, please refer to the section on Workers Compensation.

Originally posted at InjuryBoard by Michael Myers

Company Fined in Connection With Lineman's Death and Teacher's Injury

Michael Myers — Thu, 13 Dec 2007 14:53:14 GMT

Last spring Hiawatha Elementary School in Othello was conducting their annual science experiment where students make protective egg cases that they test by dropping eggs from various heights.

The experiment took a tragic turn when the boom lift truck holding a line worker and a teacher broke, causing both to fall 20 to 30 feet to the ground. Robert D. Smith, 50, died and a teacher, Melissa Martinez, broke several vertebrae in this fall.

Avista Utlities was recently ordered to pay $17,600 in fines for safely violations. The company was penalized $8,800 for failing to ensure that employees working on a boom lift were wearing a full body harness and a safety line. They were penalized an additional $4,400 for inadequate training and another $4,200 for failing to ensure the gear was thoroughly inspected before use.

Othello School District was fined $6,300 for lack of adequate hazard and safety training.

In this case, much is apparently still unknown and it's not clear what caused the accident--why the boom failed. Nevertheless, it seems possible that the safety violations contributed to the lineman and teacher's injuries.

Some of you might look at the amount of the fine and say, "that's nothing." Fortunately, the fact that a company is fined by the State doesn't mean an injured worker or his or her family members can't seek full compensation through a negligence claim if someone other than the worker's employer was negligent in causing the accident (if the employer or the worker was at fault, workers' compensation benefits should be available.)

For more information on this subject, please refer to the section on Worksite Injuries and Worker Compensation.

Originally posted at InjuryBoard by Michael Myers

Construction Worker Killed In Fall Down Elevator Shaft

Chrissie Cole — Sun, 18 Nov 2007 22:19:18 GMT

A construction worker, 40, of Plainfield, was killed in a construction accident after falling eleven stories down an elevator shaft at a Loop construction site, Saturday morning.

The worker was working on renovations of a downtown office located on the 11th floor of the building, according to Chicago police. He stepped into the dimly lit rear freight elevator attempting to go down, but the elevator was on the ground floor and he fell down the shaft.

He suffered massive injuries in the fall and was pronounced dead at the scene, according to the Cook County Medical Examiner's Office.

Police are investigating how he was able to enter the shaft while the elevator was on another floor. The 18-story building was built in 1927 and served as the home of the Chicago Sun until 1958. It is undergoing renovation in a conversion from a rental property to office condominiums.

Originally posted at InjuryBoard by Chrissie Cole

General Contractor Could Be At-Fault In Worker's Fatal Fall from Crane

Michael Myers — Wed, 07 Nov 2007 10:47:38 GMT

A construction worker died on Monday after falling 60 feet from a tower crane in Belltown. While working on condominiums located on Third Avenue and Battery Street the worker, a man in his 40s, slipped and fell while climbing a ladder to the crane's cab. After landing on concrete below, the worker was taken to Harborview Medical Center, where he later died.

The Department of Labor and Industries is investigating whether safely regulations were followed at the workplace.

A lot has been written lately about cranes collapsing and injuring bystanders. We need to remember that there are separate regulations that apply to protect crane operators. If the crane operator worked for a subcontractor his family may well have claims against the general contractor (and even the project owner if it exercised supervisory authority) for failing to maintain a safe workplace.

For more information on this subject, please refer to the section on Worksite Injury and Workers Compensation.

Originally posted at InjuryBoard by Michael Myers

Construction Workers Injured on the Job Can Bring Suit for Unsafe Jobsites

Michael Myers — Mon, 05 Nov 2007 08:16:25 GMT

A Seattle construction worker was injured on the job early Wednesday. The worker, a man in 20s, was about 50 feet down in a hole when he was hit with an air hose. The air hose hit the worker hard enough to cause cuts and bruising to his abdominal area.

The injured man was rescued by firefighters who lowered a stretcher in to the hole and then used a crane to lift the man out. He was then transported to Harborview Medical Center.

In the state of Washington employees cannot--under most circumstances--bring suit directly against their employers. However, when there is a construction accident the injured employee of a subcontractor can bring suit against the general contractor for not maintaining a safe jobsite. This remedy is in addition to workers compensation benefits (not in substitution for those benefits).

For more information on this subject, please refer to the section on Worksite Injuries and Workers Compensation.

Originally posted at InjuryBoard by Michael Myers