February 25, 2011

Pennsylvania Lumber Company Worker Killed in Workplace Accident

A worker at a Lycoming County, PA lumber company was killed on February 14 while he was fixing a piece of equipment. According to WNEP, when the machine stopped, he fatally injured himself trying to repair it.

The fatal workplace accident will be investigated by the Occupational Safety and Health Administration (OSHA), which regulates all workplaces in the United States to prevent dangerous working conditions. They inspect work environments for hazards relating to building codes, equipment maintenance, ventilation, and much more.

Unfortunately, machinery accidents are not uncommon in the workplace. In 2009, 414 workers were killed by being struck by an object or equipment and 112 were caught in running equipment or machinery.

If machinery is not designed or manufactured properly, it may result in very serious machinery accidents, which often include crane accidents; fork lift accidents; missing or faulty safety switches on machines; workers losing fingers, hands, or arms while working on lathes, slicers, mills, rollers and other equipment; machinery backing over workers; malfunctioning or poorly maintained equipment that causes injury or death; and many other types of accidents caused by a wide range of machinery and equipment.

If you were severely injured in a machinery accident in PA or if a loved one was killed while at work, you would be well-advised to contact an experienced Philadelphia workers’ compensation attorney. In these types of workplace accidents, if it is determined that an employer’s negligence directly contributed to the machinery accident, you may be entitled to receive damages, and the skilled lawyers at Cherry Fieger & Marciano, LLP may be able to help. Call us today for a free consultation.

January 26, 2011

Man Crushed to Death By Truck in Pennsylvania Workplace Accident

A man was killed when clearing flatbeds of snow from trucks at a towing business in North Brunswick on January 12. According to an article in The Philadelphia Inquirer, the man became trapped and was crushed when his co-worker was tilting a flatbed and trying to get it back into position.

This tragic work accident may have been prevented if proper safety measures were followed. About 232 US workers were killed in 2009 by being crushed or trapped by equipment. Every year, mistakes are made while loading, which results in flatbed truck accidents where workers are crushed between the forklift and the rear of the truck. Others have been crushed by falling loads.

It is crucial that employers adequately train their employees and truck drivers in proper loading and unloading of heavy cargo on and off flatbed trucks. They also must follow safety procedures when handling and operating forklifts and other heavy machinery.

When a worker is injured or killed, the victim’s family should contact an experienced Philadelphia workers’ compensation accident lawyer to seek damages. If the employer is found negligent, they could be held liable.

Cherry Fieger & Marciano, LLP have many years of experience helping families of workers injured while at work. If your loved one has been injured or killed in a workplace accident in Pennsylvania, contact the Philadelphia personal injury lawyers at Cherry Fieger & Marciano, LLP today for a free consultation of your case. We will help you obtain compensation to assist with paying for medical bills, physical therapy, loss of earnings, and more. We offer a consultation at no cost and no obligation.

January 24, 2011

Central NJ Construction Worker Dies After 30-Foot Fall

A worker at an East Brunswick, NJ construction site died from injuries he suffered after a 30- foot fall on January 11. The article on MyCentralJersey.com reports that he fell from the roof of a building under construction and suffered a head injury.

According to the Occupational Safety and Health Administration (OSHA), falls are the leading cause of fatalities in the construction industry. About 362 fatal falls happen each year. The most frequent causes of falls are unprotected sides, improper scaffold construction, unguarded protruding steel rebars, and unsafe ladders. OSHA inspects work environments for hazards involving building codes, equipment maintenance, ventilation and much more. OSHA regulations may be part of a work injury claim if the agency did not catch an unaddressed safety issue prior to an injury.

A construction company is responsible for installing safety equipment that protects workers from falling hazards. If a construction company doesn’t follow safety procedures and a worker is killed or severely injured in a fall, then that worker victim should contact an experienced construction accident attorney.

If you are an injured worker, it is important that your legal rights are protected. The Pennsylvania construction accident lawyers of Cherry Fieger & Marciano, LLP are familiar with the construction site regulations of the state. If you fell on a construction site in Pennsylvania and were injured, you are entitled to workers’ compensation benefits, which should cover the costs of medical expenses and lost earnings. Our attorneys work hard to ensure that an employer corrects any hazardous conditions and practices. Call today for a free evaluation of your construction accident case.

December 8, 2010

Homicide is the Leading Cause of Work-Related Deaths in Philadelphia

The U.S. Department of Labor reports that homicide is the leading cause of on-the-job deaths in the Philadelphia area. In 2009, one of five area workers who lost their lives on the job in 2009 died from a homicide. According to The Philadelphia Inquirer, there were 66 on-the-job fatal injuries in 2009 in the region, 13 of which were homicides.

Cherry Fieger & Marciano, LLP represent clients injured or those whose loved ones died from work-related accidents, illnesses, or crimes. It is important that you have good legal representation because some insurers may try to dispute your claim or you may receive lesser benefits than what you are actually owed.

By law, it is required that every company in Pennsylvania carry workers’ compensation insurance in the case an employee is injured on the job, becomes ill due to circumstances surrounding their job, or if death results from their job. Benefits can include coverage for medical expenses, hospital bills, lost wages, and more. Pennsylvania workers’ compensation exists both as a way to benefit injured workers and as a way to protect employers.

When a third party caused or contributed to the accident that injured you, that party may also be liable under the laws that govern injuries outside the workplace. In this case, you may claim workers’ compensation while pursuing a personal-injury lawsuit against the third party. A third party is any person or organization that is not your employer or a co-worker. You are free to sue this party while also collecting workers’ compensation benefits. However, you cannot recover any money in Pennsylvania if a jury believes you were more than 50 percent at-fault for your injuries.

If you have been injured at your workplace, please call the Pennsylvania workers’ compensation attorneys at Cherry Fieger & Marciano, LLP for a free consultation.

November 17, 2010

Worker Killed in Power Saw Accident While On-the-Job

John Kotchey, 58, an Allegheny County, PA employee, died after the power saw he was using kicked back and cut his neck. According to the article on WPXI.com, he was cutting a broken water line when he was killed in the Pennsylvania workplace accident on November 9. The article said he was wearing safety gear.

Pennsylvania construction accidents are more likely than any other workplace accident to result in wrongful death. There are many potential hazards on a construction site that endanger workers’ lives. Out of the work fatalities that occurred in 2008 in the United States, 969 were in construction and about 508 of those deaths were caused by a worker being struck by their equipment.

Many rules and regulations exist to protect workers from injuries caused by power tools and other hazards in the workplace. The Occupational Safety & Health Administration (OSHA) outlines safety tips, tool use, and other advice for protecting workers from injuries on the job.

OSHA routinely inspects all kinds of work environments for hazards relating to building codes, equipment maintenance, ventilation and much more. OSHA also maintains resources at its website for workers to use if they see dangers in their places of work. The regulations put in place by OSHA can be a significant part of a work injury claim if the agency did not catch a safety issue prior to an injury.

Cherry Fieger & Marciano, LLP know about OSHA statutes and their relevance to cases in which workers suffer injury while on-the-job. They can launch an investigation into the fatal Pennsylvania workplace accident, determine if safety measures were in place, and fight hard to seek damages for the victim’s family. Call today if you have lost a loved one due to a fatal Philadelphia workplace accident.

October 26, 2010

Buck's County Steel Plant Accident Kills Worker

Dieu V. Nguyen from Lansdale died on October 18 from injuries he suffered the day before while working at Haberle Steel, a Buck’s County steel plant. An article in The Morning Call said that he was injured from being pinned between two sheets of heavy steel stock.

Structural iron and steel workers had a particularly high number of fatalities in 2008 (46 per 100,000). The U.S. Bureau of Labor Statistics also reported that there were about 299 deaths caused by being caught or compressed by objects or equipment.

Working at a steel plant is a dangerous job. When employees are dealing with heavy machinery and certain hazardous materials it is so important that the proper safety procedures are implemented.

Creating safe Pennsylvania workplaces is the first step in the reduction of workplace accidents. But if regulations were all it took to prevent on the job injuries and accidents, Pennsylvania employees would be injured very rarely. Both state and federal laws are in place that set strict standards for workplace safety. These rules include requirements for safety equipment; procedures for dealing with heavy objects, machinery or dangerous chemicals; and limitations on how long workers may go without a break. It is the job of the employer to not only adhere to these rules, but also to train their workers in proper safety etiquette and make sure they are aware of the rules and laws that are in place to prevent Pennsylvania workplace accidents from occurring.

If you or someone you love has been injured in a steel plant injury, you would be well advised to consult with an experienced workers’ compensation attorney. In most cases, collecting workers’ compensation payments means you may not file a workplace accident lawsuit against your employer. However, in some cases, a third party may be partly responsible for the injury, which is especially common in the construction industry. In that case, you may still file a workplace injury lawsuit while collecting workers’ compensation.

The dedicated and experienced PA work injury lawyers at Cherry Fieger & Marciano, LLP will do everything possible to get the monetary compensation that is owed to you.

September 12, 2010

Workplace Violence at Philadelphia Kraft Foods, Inc Results in Two Fatalities

On September 9, 2010, escalating workplace violence was again in the media spotlight. This latest incident occurred at the Kraft Foods, Inc., facility in northeast Philadelphia. Yvonne Hiller, a 15-year Kraft employee, received a suspension for an altercation with co-workers. Approximately 10 minutes after security escorted her from the plant, she drove her car through the security barrier and reentered the plant with a handgun. She opened fire, killing two co-workers and seriously injuring two others. An hour later, police took her into custody and charged her with two counts of murder, attempted murder and other unnamed charges.

Workplace violence is often at the forefront of the news these days. We live in an atmosphere of daily violence. Nationwide statistics indicate about 20 people a week die at their workplaces (Henderson & Suris, 1996) at the hands of co-workers and handguns are the weapon of choice in over 75 percent in these attacks (Winau & Toscano, 1994). What makes the September 9 attack a rarity is that a female committed the act. According to Dr. Park Dietz, a workplace violence expert, women committed less than 5 percent of acts of workplace violence over the last 30 years. Dietz also says, and research supports, that the potential for female violence is underestimated.

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September 10, 2010

Forklift Collapse Accident Kills Worker

On August 31, a worker was crushed to death when a forklift collapsed while he was working on a vehicle. This article on NorthJersey.com reported that his coworker injured himself when he tried to help him.

Forklift injuries can be severe or fatal as the trucks are extremely heavy and powerful vehicles. The National Institute for Occupational Safety and Health (NIOSH) reported that forklifts strike pedestrians every day, resulting in 100 deaths and over 20,000 injuries annually in the United States.

The NIOSH report also showed that someone in the U.S. is killed in a forklift related accident approximately every 3 days. A total of 94,750 injuries related to forklift accidents are reported annually. Workers crushed by forklifts account for about 16% of all forklift incidents.

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August 31, 2010

Power Plant Wrongful Death Work Accident Could Have Been Prevented

The U.S. Chemical Safety Board investigated a 2007 fire that killed five workers at Xcel Energy Inc., a hydroelectric plant near Denver, CO. It found that the contractor Xcel chose did not plan for hazardous work. According to this article on Philly.com, their negligence included taking flammable solvents inside a 4,300-foot tunnel.

OSHA investigated the contractor, RPI, for two previous fatalities. They were fined for OSHA safety violations in those two cases.

At the 2007 fire, the victims were not promptly rescued and there were no rescuers qualified to enter the tunnel.

The families of the workers who died there would have been well advised to contact an experienced worker’s compensation attorney who would have carefully examined the negligence in this tragic fire. A knowledgeable attorney would also look into a “third party claim.” In this case, the contractor was negligent and did not follow proper safety procedures. Therefore, the victims’ families could have filed claims against RPI. If it is determined that they were responsible for the accident and any injuries, then RPI could be held liable.

If you or a loved one has sustained an injury arising out of and in the course of your employment, you may have a potential workers’ compensation claim. The dedicated Pennsylvania injured at work lawyers at Cherry, Fieger, & Marciano LLP will explore every possible avenue to ensure that you’re compensated for your injuries and other damages. Call our office today at 888-684-7192 for a free consultation of your case.

August 27, 2010

Pottsgrove, PA On the Job School Accident Kills Worker

According to an article, a grounds crew worker for the Pottsgrove School District was killed on June 16 when a lawn mower fell on him.

The worker suffered a head injury while he was repairing the mower at the Lower Pottsgrove Elementary school and he was taken to Pottstown Memorial Medical Center. Luckily, no young children were in the area when the accident happened.

The family of this grounds crew worker would be well advised to contact an experienced workers’ compensation Pennsylvania attorney who can carefully examine the incident to identify any negligence or wrongdoing. An experienced attorney would also look into a “third party claim.” These are claims that are filed against parties that are not the worker’s employer. It could be a contractor, a sub-contractor, or even the manufacturer of a defective product. If it is determined that one of those parties was responsible for the accident and death, then they could be held liable.

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July 20, 2010

Electrician Working at Disney Complex in Florida Dies

An electrician working at Disney’s ESPN Wide World of Sports Complex in Florida died after being seriously injured while installing a temporary transformer. According to this article, the 50-year-old man of Davenport, FL was pronounced dead shortly after arriving at a hospital.

The man worked for Buena Vista Construction Company. Disney said he was installing the transformer to supply power to a tent that was under construction.

The Occupational Safety and Health Administration is investigating the wrongful death work accident.

According to Environmental Health and Safety Today, electrical fatalities were the second leading cause of on-the-job deaths from 2003-2007. Electrical fatalities involve workers coming in contact with wiring, transformers or other electrical components. This type of workplace accident seems to happen more often to an employee whose job routinely involves working with electrical components, such as an electrician or contractor.

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June 21, 2010

Utility Worker Killed by Falling Pole

A utility worker was killed in Memphis, TN when part of a pole fell on him. According to this article on USAtoday.com, a 42-year-old man died on June 15 while doing maintenance work on a wooden pole when part of it broke off. Another employee was injured.

The victim’s family would be well advised to contact an experienced workers’ compensation attorney who can carefully examine the incident to identify any negligence or wrongdoing. A knowledgeable attorney would also look into a “third party claim.” Third party claims in Pennsylvania are filed against parties that are not the worker’s employer. It could be a contractor, a sub-contractor, or even the manufacturer of a defective product. If it is determined that one of those parties was responsible for the accident and any injuries, then they could be held liable.

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June 16, 2010

Texas Panhandle Gas Line Explosion Kills 2

Two workers removing clay from a pit in a remote part of the Texas Panhandle were killed when a natural gas line exploded. The Associated Press reported that the blast on June 8 involved a crew that was removing clay for a dirt-contracting company.

The explosion happened when a bulldozer struck a pipeline.

Three other workers were injured. One was taken by helicopter to a hospital in Oklahoma City. Two others suffered minor injuries.

The owner of the 14-inch pipeline, Denver-based DCP Midstream, allowed the fire to burn itself out about four hours after the incident. The pipeline fed one of the company’s processing plants.

The victims and their families would be well advised to contact an experienced workers’ compensation attorney who can carefully examine the incident to identify any negligence or violation of workplace safety. An experienced attorney would also look into a “third party claim.” These are claims that are filed against parties that are not the worker’s employer. It could be a contractor, a sub-contractor, or even the manufacturer of a defective product. If it is determined that one of those parties was responsible for the accident and any injuries, then they could be held liable.

Any worker who has sustained an injury arising out of and in the course of their employment has a potential workers’ compensation claim. The injury can occur while traveling on business, doing a work-related errand, attending a required business-related social function, or even while on a break or using restroom facilities and you are still legally covered by workers compensation

A dedicated Philadelphia work injury lawyer at Cherry, Fieger, & Marciano will do everything possible to get the monetary compensation that is owed to you to help pay medical bills, physical therapy, loss of work and more.

April 28, 2010

N.J. Man Electrocuted, Bucks Man Hurt at Site

A Trenton, NJ man was electrocuted on March 25 as he and a co-worker were wrapping up roofing and siding work at a Delran apartment complex. According to this article on Philly.com, the 52-year-old man was pronounced dead shortly after being shocked by a power line.

His co-worker suffered electrical burns. Both men were working on building 17 of the Hunters Glen Apartments on Route 130 when a ladder touched overhead wires.

They worked for AIM Construction LLP of Morrisville and the accident is under investigation.

The victims and their families would be well advised to contact an experienced workers’ compensation attorney who can carefully examine the incident to identify any negligence or wrongdoing. An experienced attorney would also look into a “third party claim.” These are claims that are filed against parties that are not the worker’s employer. It could be a contractor, a sub-contractor, or even the manufacturer of a defective product. If it is determined that one of those parties was responsible for the accident and any injuries, then they could be held liable.

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April 21, 2010

29 West Virginia Coal Miners Dead after Explosion

A deadly explosion in a West Virginia coal mine claimed 29 lives - the worst U.S. mining disaster in a generation. According to this article on Philly.com, the death toll makes it the worst U.S. coal mining disaster since a 1970 explosion killed 38 in Hyden, Kentucky.

Investigators are looking into the blast that officials said may have been caused by a buildup of methane.

The mine’s owner, Massey Energy Co., was repeatedly cited for problems with the system that vents methane and for allowing combustible dust to build up. On the day of the blast, MSHA cited the mine with two safety violations — one involving inadequate maps of escape routes, the other concerning an improper splice of electrical cable.

The families of these victims would be well advised to contact an experienced workers' compensation attorney who can carefully examine the incident to identify any negligence or wrongdoing. An experienced attorney would also look into a “third party claim.” These are claims that are filed against parties that are not the worker’s employer. It could be a contractor, a sub-contractor, or even the manufacturer of a defective product. If it is determined that one of those parties was responsible for the accident and any injuries, then they could be held liable.

Any worker who has sustained an injury arising out of and in the course of their employment has a potential workers’ compensation claim. The injury can occur while traveling on business, doing a work-related errand, attending a required business-related social function, or even while on a break or using restroom facilities and you are still legally covered by workers compensation.

Whether your injury was a simple slip and fall, or involves serious injuries, Cherry, Fieger, & Marciano can help you. These dedicated Pennsylvania injury lawyers will do everything possible to get the monetary compensation that is owed to you to help pay medical bills, physical therapy, loss of work and more.

February 1, 2010

W. Va. DuPont Worker Dies after Phosgene Exposure

According to a recent article, federal safety officials are investigating a DuPont chemical plant after a series of leaks that resulted in the death of one worker.

The DuPont Belle plant in West Virginia is on safety shutdown after three leaks were reported. One leak, which released about 1,900 pounds of hazardous methyl chloride, went unnoticed for 5 days.

The federal Occupational Safety and Health Administration and the U.S. Chemical Safety Board are investigating.

On January 23, 2010 a worker was taken to a Charleston hospital after being exposed to the chemical phosgene. The article reported that a 58-year-old man who was a 32-year DuPont employee died on January 24, 2010.

Phosgene is used to make plastics and pesticides, and can damage the respiratory system.
The company reported the methyl chloride leak to emergency officials on January 22. On the 23rd, the worker was taken to the hospital after being exposed to phosgene residue in a transfer line.

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January 27, 2010

Worker Killed in Job Site Accident

A 33-year-old construction worker died in Southhampton Village, New York on January 4, 2010 when a foundation wall at a worksite collapsed and pinned him underneath. According to a report, the accident may have been the result of poor workmanship and attempts to cut corners.

The worker was trapped beneath the fallen concrete wall.

According the article, the victim was digging under the wall before the collapse to install footings, structural supports that should have been in place before the concrete wall was poured and the forms were removed.

An inspector for the Southampton Village commented that the concrete wall should have been reinforced with steel, but was not reinforced at all.

The construction site is being investigated by the Village Building department and the Occupational Safety and Health Administration.

The family of this deceased worker would be well advised to contact an experienced worker’s compensation attorney who can carefully examine the incident to identify any negligence or wrongdoing. An experienced attorney would also look into a “third party claim.” These are claims that are filed against parties that are not the worker’s employer. It could be a contractor, a sub-contractor, or even the manufacturer of a defective product. If it is determined that one of those parties was responsible for the accident and any injuries, then they could be held liable.

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January 20, 2010

Worker Killed Aiding Motorist

A 45-year-old emergency worker was killed on January 11 as he helped a stranded motorist on I-76 in Camden County. According to an article by the Associated Press on Philly.com, the New Jersey Department of Transportation employee was assisting the driver of a broken-down minivan near the I-295 interchange when he was struck by a Dodge Magnum.

The Dodge was driven by a 28-year-old woman from Berlin, NJ. She also hit the broken down mini-van, injuring that vehicle’s driver and a passenger.

The worker was pronounced dead at Cooper University Hospital in New Jersey.

The family of this NJ DOT worker would be well advised to contact an experienced worker’s compensation attorney who can carefully examine the incident to identify any negligence or wrongdoing. An experienced attorney would also look into a “third party claim.” These are claims that are filed against parties that are not the worker’s employer. It could be a contractor, a sub-contractor, or even the manufacturer of a defective product. If it is determined that one of those parties was responsible for the accident and any injuries, then they could be held liable.

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January 13, 2010

North Carolina Man Dies at Construction Site

A 30-year-old man from Connelly Springs, North Carolina, died at a construction site on December 24 when he fell in a hole and dirt collapsed around him.

According to an article, he was working for Neill Grading Co. of Hickory, NC when he died at a sewer line construction site near Shelby, NC.

Workers dug the man out and Emergency Medical Services workers took him to a Medical Center. He was pronounced dead about an hour after the accident.

A witness said he was changing some equipment when he heard a construction foreman yell out that the worker had fallen into the hole.

According to the article, workers were not ready to put a pipe in the hole. They do not yet know why the victim was in the area where he was.

An investigator from the federal Occupational Safety and Health Administration also was summoned to the site.

The family of this deceased worker would be well advised to contact an experienced worker’s compensation attorney who can carefully examine the incident to identify any negligence or wrongdoing. An experienced attorney would also look into a “third party claim.” These are claims that are filed against parties that are not the worker’s employer. It could be a contractor, a sub-contractor, or even the manufacturer of a defective product. If it is determined that one of those parties was responsible for the accident and any injuries, then they could be held liable.

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January 7, 2010

Workers' Deaths Need Criminal Probe

According to this article on MSN.com, a criminal investigation may be launched to look into whether negligence was a factor in a fatal construction accident in Toronto, Canada. Four workers died and one was seriously injured in the accident that happened on December 24 at an apartment building. The work platform they were using to repair balconies split in two. The platform, also called a swing stage, was 13 stories up.

The president of the Ontario Federation of Labour said that a criminal probe might determine if the four workers who died were provided proper safety equipment and supervision.

A fifth worker suffered fractured legs and a broken spine and was in intensive care. The Toronto Star reported that this worker regained consciousness.

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January 6, 2010

Center City Death Shows Hazards of Aerial Lifts

Construction is the second-most dangerous occupation in the nation. A Philadelphia worker’s fatal fall in October from 125 feet as his aerial lift toppled is one example.

According to a Philadelphia Inquirer article, the worker who fell was a highly trained union journeyman with an expertise in high work. However, the type of equipment he was using in Center City can pose problems on construction sites.

It carries the risks of any large piece of machinery, yet is used by all sorts of tradesmen.
The man was working on the stone exterior of a Philadelphia Church on October 12 when a wheel of his aerial lift broke through a utility panel on the sidewalk.

The lift swayed and then crashed to the street. He was killed by the impact.

Aerial lifts act as a mechanical and movable alternative to scaffolding.

Most apprentice programs offer basic training in using the lifts, which includes routine instructions on being harnessed properly, checking the ground surface, and not moving the lifts while they are extended.

Specific training on each machine is usually provided by the contractor or rental company. Sometimes the training is not extensive and OSHA regulations do not specify how much training is enough. Training costs can also be a factor.

The Inquirer reported that in 2008, 969 workers died in construction accidents nationally. Of those, 332 died in falls and 201 in contact with objects and equipment. Transportation accidents and exposure to dangerous environments killed most of the rest.

In the Philadelphia area, 15 construction workers died in 2008 — five from falls, four in transportation accidents, three from contact with equipment, and three from exposure to dangerous environments.

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December 31, 2009

Worker Dies after Falling in Pit at Denver Airport

On December 19, a contract worker at the Denver airport died after falling into about 20 feet of water at the bottom of a 40-foot-deep pit at the airport’s heating and cooling plant.

According to an article, the man fell in the morning and Denver Police Department divers recovered his body later in the day.

A spokesman for the Denver International Airport said the man was a paint inspector working for an outside company under contract with the airport.

The article stated that airport officials do not know how he fell. The pit’s opening is about 4 feet by 8 feet and the accident is under investigation.

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December 10, 2009

1 Killed, 2 Injured in Texas Refinery Accident

According to an Associated Press article that appeared on Philly.com, one worker was killed and two others were injured on December 4 when a boiler failed at a Valero petroleum refinery in eastern Texas. The refinery employs about 480 people.

The article reported that the two people who were injured in the incident were in good condition.
A Valero Energy Co. spokesman did not confirm whether there had been an explosion or a fire during the failure without further investigation.

The worker who died and one of the injured were Valero employees. The other injured person was a contract worker who was taken to a hospital in Texas City.

After the boiler failed, the plant continued operating and there was no environmental damage.
The workers here as well as the family of the worker who died, would be well advised to contact an experienced worker’s compensation attorney who can carefully examine the incident to identify any negligence or wrongdoing. An experienced attorney would also look into a “third party claim.” These are claims that are filed against parties that are not the worker’s employer. It could be a contractor, a sub-contractor, or even the manufacturer of a defective product. If it is determined that one of those parties was responsible for the accident and any injuries, then they could be held liable.

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November 13, 2009

Kansas City Crane Accident Kills Worker

One worker was killed and another injured on November 10 when a crane tipped over at the construction site of a Kansas City, Missouri performing arts center. According to an article on KansasCity.com, the two men were in the bucket of the 100-foot-tall JLG Lift when it fell away from the Kauffman Center for the Performing Arts. It then landed across a platform of steel beams.

One of the men was pronounced dead at a hospital and the other was listed in serious but stable condition.

The men were installing steel panels on the building for Detroit-based subcontractor Midwest Steel.

According to the article, the center will be the home of the Kansas City Symphony, the Lyric Opera of Kansas City, and the Kansas City Ballet.

Crane accidents kill up to 82 construction workers each year in the United States, according to the U.S. Occupational Health and Safety Administration.

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October 15, 2009

Rittenhouse Square Crane Accident Kills Operator

On October 12, a mobile crane working on a church steeple toppled near Rittenhouse Square, Philadelphia, killing the crane operator and injuring a woman standing nearby.

According to an article in the Philadelphia Inquirer, the orange aerial lift, working at the First Presbyterian Church at 21st and Walnut Streets, fell at about 1:15 p.m. that day. It knocked down a streetlight, sheared off a stoplight, and clipped the roof of a building on the north side of the street.

The crane operator was turning the machine when one wheel rolled over a cable access cover, the heavy lid gave way, the machine wobbled then fell. He was taken to a hospital, and was pronounced dead at 1:42 p.m.

The church had hired Masonry Preservation Group, of Merchantville, N.J. to perform a survey of the church’s stone exterior.

MPG does extensive work in Philadelphia on the maintenance and restoration of historic stone and masonry structures. It brought several of the truck-mounted cranes and set them up around the church.

According to article, the operator turned the crane, one of the four enormous wheels at the base rolled over a cable access panel. It started to tilt and it swayed out about 20 feet into the street. Then it swayed back towards the church. The second time it swung out, it toppled over.
The type of equipment involved in the accident, known as an AWP or aerial lift platform, is not technically considered a crane, and is not subject to the strict regulations put in place by Philadelphia last year.

The family of the crane operator would be well advised to contact an experienced Philadelphia worker’s compensation attorney who can carefully examine the incident to identify any negligence or wrongdoing. An experienced attorney would also look into a “third party claim.” These are claims that are filed against parties that are not the worker’s employer. It could be a contractor, a sub-contractor, or even the manufacturer of a defective product. If it is determined that one of those parties was responsible for the accident and any injuries, then they could be held liable.

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September 14, 2009

IP Mill Explosion Settlement Proposals Due

The family of two workers sued International Paper (IP) after an explosion killed a contract worker and injured 22 others at its Redwood, Mississippi plant on May 3, 2008.
According to this Associated Press article on Philly.com, the blast killed a 28-year-old male employee. The two workers who filed the lawsuit and several other workers were severely burned when the 12-story boiler exploded during an attempt to restart it after annual maintenance.

In the lawsuit filed last year, the IP plant acknowledged that the boiler had been shut down for maintenance, there was an explosion, and the company knew workers would be present that day. The company argued that workers did not exercise reasonable care for their own safety.
One of the employees, who was burned over 60 percent of his body, said that workers should have been cleared from the area before the boiler was restarted.

OSHA fined International Paper $77,000 in the months following the explosion for one alleged willful violation and one alleged serious violation.

OSHA also found that some company officials did not share an internal memo about starting the boiler with workers in the facility’s control room, the report said.

A settlement conference is scheduled for Sept. 15 in U.S. District Court in Gulfport.
Any worker who has sustained an injury arising out of and in the course of their employment has a potential workers’ compensation claim. The injury can occur while traveling on business, doing a work-related errand, attending a required business-related social function, or even while on a break or using restroom facilities and you are still legally covered by workers compensation.

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August 27, 2009

3rd Worker Killed This Summer at Disney World

A Walt Disney World employee died during a stunt show practice on August 17. This is the theme park’s third worker killed on the job this summer. According to an article by the Associated Press on Philly.com, the worker suffered a head injury late August 17 while rehearsing an acrobatic move in the “Indiana Jones Epic Stunt Spectacular” and died shortly after. The move required the worker to jump into the air, dive over another performer and land in a tuck and roll onto a mat. The 30-year-old performer had only been with the show a week.

Earlier this month, 47-year-old died four days after being injured in a Magic Kingdom show. He was sword-fighting in “Captain Jack Sparrow's Pirate Tutorial” when he slipped and hit his head on a wall.

In July, a 21-year-old monorail driver was killed when his train and another monorail train collided.

An Occupational Safety and Health Administration investigator traveled to Disney World this week to begin an investigation that could take up to six months. The probe would be conducted separately from investigations into the two other deaths this summer.

According to the article, some union leaders at the theme park said they were concerned that the resort’s hiring of fewer workers this summer might affect safety. The work force this summer did not increase like it normally does during the busiest time of the year for Orlando’s theme parks. Because of longer park hours and longer lines, they need more staff to cover---this has not been the case this summer.

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August 13, 2009

Investigation into Worker Killed at July 4 Fireworks Display

Federal officials are investigating a death from a workplace accident in Pennsylvania of a 19-year-old man who was killed during a July 4 fireworks display at Quakertown's Memorial Park in New Castle. According to this news report, the man had been an employee of the fireworks company for only six weeks and was part of a three-person team that worked on the fireworks display.

He was in the process of setting up the fireworks exhibition when a single shell malfunctioned causing an on-ground explosion. The explosion reportedly destroyed the containment bunker and the wooden debris struck the worker killing him. He died of blunt force trauma. In addition to local police, agents from the federal Bureau of Alcohol, Tobacco, Firearms and Explosives are involved in the investigation of the circumstances of the young man’s death.

In cases where workers are injured on-the-job, the injured workers and/or their families will be entitled to receive worker's compensation benefits to cover medical expenses, lost earnings and other costs related to the injury or death. Worker's compensation in Philadelphia exists both as a way to benefit injured workers and as a way to protect employers. It is a no-fault insurance system which means that the only thing that needs to be proved is that the injury was sustained while on the job.

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July 22, 2009

Accident at Hershey Chocolate Plant Kills Worker

A temp worker at a Camden chocolate processing plant, died on July 8 in a workplace accident after he fell into an eight-foot vat that was mixing and melting chocolate to be used in Hershey’s candy. According to this article in the Philadelphia Inquirer, the worker was standing on a platform and tossing blocks of solid, raw chocolate into the tank.

The tank was heated at 120 degrees Fahrenheit, and paddles inside stirred the chocolate as it was thrown in. When the man fell, one of his three coworkers on the platform immediately rushed to turn the machine off. The two others tried to pull him out.

He was struck by one of the paddles and suffered fatal injuries. He was pronounced dead at the scene. The decedent worked at a plant owned by Lyons & Sons, Inc., which is contracted by Cocoa Services, Inc. to process chocolate.

The mixing process was a daily task performed by the workers.

According to the article, the federal Occupational Safety and Health is investigating the incident.

The family of the deceased worker would be well advised to contact an experienced worker’s compensation attorney who can carefully examine the incident to identify any negligence or wrongdoing.

Continue reading "Accident at Hershey Chocolate Plant Kills Worker" »

July 13, 2009

Pennsylvania Fireworks Employee Killed

A 19 year old employee of Zambelli Fireworks Internationale of New Castle, Pa., was hit and killed by pieces of a sand-filled wooden launching container that was shattered by a ground explosion. According to this article in the Philadelphia Inquirer, he died of neck trauma at a July Fourth celebration in Quakertown, PA. His death was ruled a workplace accident in Pennsylvania.

The launching device that exploded on the ground is the focus of federal, state, and local investigations into the July 4th death of this fireworks employee.

According to one State police Sgt., there was a malfunction either from the tube itself that shoots the projectile or the charge at the bottom of the tube that propels the device.

Bucks County officials said the teen suffered blunt-force trauma and was pronounced dead at St. Luke’s Hospital-Quakertown, PA.

State police, the federal Bureau of Alcohol, Tobacco and Firearms, the federal Occupational Safety and Health Administration, and state and county fire officials are all investigating the tragic PA workplace accident.

The employee’s death was one of five on the Fourth of July for pyrotechnics workers. Four others were killed in a single blast while unloading fireworks on Ocracoke Island in North Carolina’s Outer Banks.

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July 10, 2009

Operator Killed in Walt Disney World Monorail Collision

Two monorail trains crashed early morning on July 5 in the Magic Kingdom section of Walt Disney World, killing one train’s operator. According to this article by the Associated Press that appeared on Philly.com, it was the first fatal crash in the monorail’s 38-year history in the park.

The transit system, which shuttles thousands of visitors around the Disney resort each day, was shut down while authorities investigated the wrongful death accident.

The monorail operator died at the scene of the crash. The other train operator was uninjured, but was taken to a hospital because he was emotionally shaken. Five park guests were treated at the scene.

It is unclear what caused this tragic crash and officials are still sifting through the evidence.
According to the article, the crash happened at the park’s ticket and transportation center.

The family of the deceased operator would be well advised to contact an experienced worker’s compensation attorney who can carefully examine the incident to identify any negligence or wrongdoing.

Continue reading "Operator Killed in Walt Disney World Monorail Collision" »

June 30, 2009

Ammonia Leak at NC Plant Kills 1 Worker, Injures 4

An ammonia leak on June 20 at a poultry processing plant in North Carolina killed one worker and injured four others.

According to this article on Philly.com by the Associated Press, the leak occurred about 10 a.m. Saturday, June 20 at the Mountaire Farms plant in Robeson County, NC (about 16 miles south of Fayetteville).

The worker who died was identified as Clifton Swain, 47, of Fayetteville. Four other workers were taken to hospitals with injuries.

The County Emergency Management Director told The Fayetteville Observer that the leak has been contained.

The ammonia leak happened while workers were doing maintenance work on a piece of machinery at the plant and it has been ruled simply as a workplace accident.

The plant employs 2,500 people. About 30 to 40 people were at the plant when the leak occurred.

The workers from the Mountaire Farms plant who sustained any injuries and the family of the worker who died because of the leak are entitled to workers’ compensation benefits through the employer. These benefits often are inadequate and may not be enough to cover a worker and his family, especially if the incident involves serious injuries that could keep the worker away from his/her job for a long time. It may be in the worker’s best interest, however, to also contact an experienced worker’s compensation attorney who can carefully examine the incident to identify any negligence or wrongdoing.

An experienced attorney would also look into a “third party claim.” These are claims that are filed against parties that are not the worker’s employer. It could be a contractor, a sub-contractor, or even the manufacturer of a defective product. If it is determined that one of those parties was responsible for the accident and any injuries, then they could be held liable.

Continue reading "Ammonia Leak at NC Plant Kills 1 Worker, Injures 4" »

June 23, 2009

2 Workers Killed in 11th Floor Scaffolding Collapse

On June 10 in Austin, Texas, scaffolding on the 11th floor of a building collapsed and two workers who were on it fell to their deaths. A third worker was critically injured. According to this article, four men were on the scaffolding last week when it collapsed. The fourth worker suffered minor injuries.

Authorities do not know what caused the scaffolding to collapse, resulting in the wrongful death of two workers.

The workers here who sustained any injuries and the families of the workers who died because of the collapse are entitled to workers’ compensation benefits through the employer. These benefits often are inadequate and may not be enough to cover a worker and his family, especially if the incident involves serious injuries that could keep the worker away from his/her job for a long time. It may be in the worker’s best interest, however, to also contact an experienced worker’s compensation attorney who can carefully examine the incident to identify any negligence or wrongdoing.

An experienced attorney would also look into a “third party claim.” These are claims that are filed against parties that are not the worker’s employer. It could be a contractor, a sub-contractor, or even the manufacturer of a defective product. If it is determined that one of those parties was responsible for the accident and any injuries, then they could be held liable.

Continue reading "2 Workers Killed in 11th Floor Scaffolding Collapse" »

June 4, 2009

Shift Manager Killed On-the-Job at A.C. Casino

Ray Kot, a shift manager at the Trump Taj Mahal Casino Resort, was fatally shot May 27 in a storage room just off the casino floor. According to this article in the Philadelphia Inquirer, a suspect identified by state police as a 57-year-old man from Norristown, PA was arrested inside the casino’s parking garage. Police also recovered a handgun that may have been used in the wrongful death incident.

Kot was pronounced dead about 2 1/2 hours after the shooting.

The shooting apparently happened in a nonpublic area of the casino where gaming supplies are stored. This area is not visible from the casino floor.

Kot was shot in the abdomen and rushed to the trauma unit at AtlantiCare Regional Medical Center.

The New Jersey Division of Gaming Enforcement, which is handling the investigation, declined to provide further details about what happened or what may have prompted the shooting. No casino patrons or any other employees were injured and no one was evacuated from the casino.
According to the article, the gunman was not a casino employee, and there did not appear to have been a dispute between Kot and the gunman before the incident. State police said the suspect apparently knew Kot from past instances as a patron at the casino.

Kot was an employee at the casino since it opened in 1990.

The shooting was the second incident involving gunshots at the Taj Mahal this year. In January, a suspect in a New York embezzlement case pulled a gun and threatened to kill himself in an office there.

The family of Ray Kot is entitled to worker’s compensation benefits through his employer, Trump Taj Mahal Casino Resort. These benefits often are inadequate and may not be enough to cover expenses of a deceased worker’s family. It may be in the family’s best interest, however, to also contact an experienced worker’s compensation attorney who can carefully examine the incident to identify any negligence or wrongdoing.

Continue reading "Shift Manager Killed On-the-Job at A.C. Casino" »

May 15, 2009

Construction Accident Kills Worker in Missouri

Vatthana Vongtheva, a 28-year-old from Emporia, Kansas was killed in a construction accident at a power plant under construction north of Kansas City. According to this article by the Associated Press, Vongtheva was employed by Team Industrial Services of Alvin, Texas.

Kansas City Power & Light (KCP &L) officials said that on March 28 he was inside a boiler inspecting equipment on an elevated scaffold at the utility’s Iatan 2 power plant site, near Weston, MO. He became pinned against the boiler wall and was fatally injured.

Last May, at Iatan 1 (KCP& L’s operating power plant), a crane collapsed and killed a worker and injured three others.

Mr. Vongtheva’s family is entitled to Workers’ Compensation through his employer, Team Industrial Services. These benefits often are inadequate and may not be enough to cover a worker’s family. It may be in the family’s best interest, however, to also contact an experienced worker’s compensation attorney who can carefully examine the incident to identify any negligence or wrongdoing. An experienced attorney would also look into a “third party claim.” These are claims that are filed against parties that are not the worker’s employer. It could be a contractor, a sub-contractor, or even the manufacturer of a defective product. If it is determined that one of those parties was responsible for the accident and any injuries, then they could be held liable.

Any worker who has sustained an injury arising out of and in the course of their employment has a potential workers’ compensation claim in Pennsylvania. The injury can occur while traveling on business, doing a work-related errand, attending a required business-related social function, or even while on a break or using restroom facilities.

Whether your injury was a simple slip and fall, or involves serious injuries, Cherry, Fieger, & Marciano can help you. These dedicated and skilled PA work injury lawyers will do everything possible to get the monetary compensation that is owed to you to help pay medical bills, physical therapy, loss of work and more.

April 28, 2009

Worker Safety Compromised by Manager at New Jersey Pipe Plant

A former plant manager for a Warren County, NJ pipe company was sentenced to prison for a conspiracy to violate environmental rules and compromise worker safety.

According to an article by the Associated Press on Philly.com, John Prisque, of Bethlehem, Pa was sentenced this week in U.S. District Court in Trenton to a 70-month term.

Four other employees of Atlantic States Cast Iron Pipe Co. also face sentencing.

Prisque was convicted of obstructing a federal investigation and violating clean air and water regulations.

Atlantic States was convicted of polluting the Delaware River in addition to lying to investigators about safety conditions at its Phillipsburg plant where one worker was killed and several others suffered serious injuries.

The Atlantic States workers who were killed or injured at work in Pennsylvania are entitled to Workers Compensation benefits through their employer. These benefits often are inadequate and may not be enough to cover a worker and his family, especially if the incident involves serious injuries that could keep the worker away from his or her job for a long time. It may be in the best interest of the workers and their families, however, to also contact an experienced worker’s compensation attorney who can carefully examine the incidents to identify any negligence or wrongdoing.

Continue reading "Worker Safety Compromised by Manager at New Jersey Pipe Plant " »

April 11, 2009

Work Related Death and Injuries from Explosion at Southern California Factory

An explosion in a plastic manufacturing plant in Orange County, CA has killed two people and injured a third person. According to the article by the Associated Press that appeared on Philly.com, the force of the blast on March 19 blew a concrete wall in the Solus Industrial Innovations building and shook a fire station across the street.

Firefighters rushed inside and found two bodies. Another worker was taken to a hospital for severe work injuries. There were three workers who were outside the building who declined treatment.

The cause of the explosion is still under investigation.

The injured worker and the families of the workers who died are entitled to Worker’s Compensation through the manufacturing plant.

By law, it is required that every company in Pennsylvania carry Worker’s Compensation Insurance in the case an employee is injured on the job, becomes ill due to circumstances surrounding their job or even if death results from their job. Benefits can include medical expenses, lost wages and death benefits. Workers’ compensation in Philadelphia exists both as a way to benefit injured workers and as a way to protect employers. Workers' compensation is a no-fault insurance system, which means that no guilt needs to be proved in a case; only that the injury sustained occurred while on the job.

Any worker who has sustained an injury arising out of and in the course of their employment has a potential workers’ compensation claim and the right to seek a skilled personal injury attorney in Pennsylvania. The injury can occur while traveling on business, doing a work-related errand, attending a required business-related social function, or even while on a break or using restroom facilities and you are still legally covered by workers compensation.

Whether your injury was a simple slip and fall, or involves serious injuries, Cherry, Fieger & Marciano can help you. Our dedicated and experienced PA work injury lawyers will do everything possible to get the monetary compensation that is owed to you to help pay for medical bills, physical therapy, loss of work and more.