Olympia Personal Injury Lawyer - Workplace Injuries

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

Redmond Worker Injured when Boom Truck Falls, Potential "Third-Party" Claim

Michael Myers — Fri, 12 Oct 2007 16:18:15 GMT

On October 9th a construction worker at Microsoft in Redmond was injured when a boom truck tipped over. The Department of Labor & Industries, an agency designed to protect and advocate for workers, will do an investigation as to the cause of the accident. It will focus on the cause of the accident and what the general contractor could have done to make the construction site safer for not only its employees but also the employees of the various subcontractors working there.

The general contractor along with the employer of the boom truck operator owe a significant duty of care to all of he workers on the Microsoft jobsite. Workers injured on construction sites should not only seek workers compensation benefits, they should also consult with a personal injury attorney to see if they have what is known as a "third-party" claim. If they don't take action the Department of Labor and Industries will hire an action to seek the reimbursement of the medical and time loss benefits paid but will not take vigorous action to seek damages for the workers pain, suffering or future economic losses. Injured workers should hire their own attorneys.

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

Originally posted at InjuryBoard by Michael Myers

Labor and Industries Worker Falls on Stairs and Later Dies

Michael Myers — Fri, 31 Aug 2007 08:11:41 GMT

Last week L&I employee Bill Harmon fell and suffered fatal injuries at the Department's headquarters. Mr. Harmon was 87.

"Although there were no witnesses to this unfortunate situation, L&I employees heard the sounds of a fall and responded immediately. They called 9-1-1, notified building security, and took action to block the area. In addition, a number of L&I staff went to the hospital to show their support for the family," said department director Judy Schurke in a message to staff.

Even though there were no witnesses the cause of Mr. Harmon's death may be able to be determined. Security cameras may hold clues. It is also possible that the mechanism of the fall can be determined by a human factors expert or other authority in fall recreation.

In most cases Washington law requires a personal injury claimant (either the person who was hurt or, in cases like this, Mr. Harmon's estate) to be able to show what specifically caused the fall. Cases like this--that is, where there are no witnesses--are challenging but winnable.

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

Originally posted at InjuryBoard by Michael Myers

Wages in Washington

Ryan Nute — Thu, 04 Jan 2007 13:39:48 GMT

The minimum wage in Washington is set to increase to $7.93 in 2007--the highest rate in the U.S. By contrast, the federal minimum wage is $5.15 (and has been unchanged since 1997). (States are free to require an increase in the minimum wage beyond the "floor" set by federal law.) Employees also have unique protections under Washington law when it comes to unpaid wages.

Washington has a statute which permits employees to recover damages and attorneys' fees for unpaid wages. Under RCW 49.52.050, "Any employer or officer, vice principal or agent of any employer, whether said employer be in private business or an elected public official, who...Wilfully and with intent to deprive the employee of any part of his wages, shall pay any employee a lower wage than the wage such employer is obligated to pay such employee by any statute, ordinance, or contract" is guilty of a misdemeanor.

In turn, RCW 49.52.070 provides that "Any employer and any officer, vice principal or agent of any employer who shall violate any of the provisions of subdivisions (1) and (2) of RCW 49.52.050 shall be liable in a civil action by the aggrieved employee or his assignee to judgment for twice the amount of the wages unlawfully rebated or withheld by way of exemplary damages, together with costs of suit and a reasonable sum for attorney's fees: PROVIDED, HOWEVER, That the benefits of this section shall not be available to any employee who has knowingly submitted to such violations."

Washington case law has carved out several exceptions to the double damages statute's applicability; for example, where there is a "bona fide dispute" about the amount of wages owed. Nevertheless, this statute continues to provide protection to a number of employees who aren't paid on time.

Originally posted at InjuryBoard by Ryan Nute

Industry and State Officials Meet to Discuss Crane Safety

Ryan Nute — Tue, 19 Dec 2006 12:11:21 GMT

You may have read about the fatal crane accident in Bellevue, Washington. Members of the construction industry and state regulators met to discuss crane safety last Monday.

The particpants agreed that cranes and crane operators should undergo mandatory certification, but predictably did not agree on how safety rules should be enforced. Historically crane safety in Washington has been relatively unregulated. Crane safety is on the legislative agenda in 2007.

Originally posted at InjuryBoard by Ryan Nute

Construction Accident Lawsuit Filed in Florida

Staff Writer — Wed, 24 May 2006 08:55:01 GMT

The family of a man who died in a high-rise construction accident in Florida has filed a lawsuit against the developers of the building. Forty-eight year old Menes Daniel was killed last earlier this month when a structural support collapsed on top of him, trapping him in quick drying concrete.

Although contractors were working on the building at the time of the accident, Daniel's family's attorney is quoted as saying:

"WCI chose to build this building. They took out one or more permits on it. They chose to design it this way and can't escape responsibility for what happened, for not overseeing it properly."

Originally posted at InjuryBoard by Staff Writer