Cleveland Personal Injury Lawyer - Worksite Accidents

Supreme Court Tightens Reins on Pay Discrimination Claims

Rebecca Castell — Wed, 30 May 2007 09:58:48 GMT

Today's New York Times reports that in a 5-4 decision yesterday, the Supreme Court held that employees may not bring suit under the principal federal anti-discrimination law unless they have filed a formal complaint with a federal agency within 180 days after their pay was set. This decision, which does not provide for an extension of the time frame if the worker is unaware of discriminatory pay, is about as pro-business as it can get.

The court reached this decision in a case where a woman learned that she was making significantly less than her male counterparts only after 20 years of employment with the company. The court said the delay in discovery of the pay discrimination did not alter the time frame for which the woman should have filed her formal complaint with the Equal Employment Opportunity Commission.

After a vigorous dissent by Justice Ginsburg, which she read from the bench, Justice Ginsburg invited Congress to overturn the decision, as it had 15 years ago after a series of rulings on civil rights.

Originally posted at InjuryBoard by Rebecca Castell

Recovery Beyond Workers Compensation

Paul Grieco — Fri, 18 May 2007 12:30:40 GMT

As most employees know, if you are injured while in the course and scope of your employment you are entitled to workers compensation benefits. These benefits cover your medical bills, lost wages and sometimes provide compensation for future losses, depending on the nature of the injuries. What employees should also be aware of, is if the injury incurred at work, was caused by the negligence of another, further compensation may be obtained from the negligent party.

For example, if a delivery driver or salesman is in route to a customer and is involved a car crash caused by the negligent driving of another, the negligent driver may be held responsible . Since the crash took place while in the course and scope of employment, a valid workers compensation claim may be filed. However, a claim against the driver who caused the crash may also be filed-seeking compensation for injuries caused in the crash. If you are injured while on the job, make sure you pursue all your applicable rights. If you are not sure who is responsible and how to protect yourself, contact your attorney. Remember there are specific time limitations as to when claims may be filed, so make sure you know your rights.

Originally posted at InjuryBoard by Paul Grieco

Employers That Provide Blackberries to Employees Must Prohibit Texting While Driving or Face Liability

Jack Landskroner — Sat, 24 Mar 2007 22:32:05 GMT

The Workers Comp Insider Blog raises a very interesting and concerning work related issue in its posting March 16, 2007 concerning employee use of Blackberry or cellular devises and the practice of texting while driving.

As if we don't have enough distractions as we hurtle ourselves from Point A to Point B in four ton vehicles, we read that DWT - driving while texting - has become an issue of sufficient magnitude to warrant legislative intervention.

Unfortunately, there have already been deaths that appear to have resulted from this practice.

The "Insider" discusses how the UK has taken significant strides to proactively eliminate this practice by passing legislation which makes it an aggravating factor constituting criminal conduct if an accident results while a phone or PDA device is being used while driving. Some states in the US, including Washington, appear to be moving in that direction.

The bottom line is that employers that provide cell phones, blackberry devices or other technology to drivers to be used on the road, must make sure that employees are not expected to utilize these devices while operating a vehicle and moreover, have a policy prohibiting the same or responsibility for injuries to the employee and innocent third parties will fall to them.

Originally posted at InjuryBoard by Jack Landskroner

Worker Pulled From Collapsed Trench Lucky to Survive

Jack Landskroner — Thu, 22 Mar 2007 11:34:21 GMT

An Akron area man was flown to MetroHealth Medical Center in Cleveland Wednesday after being buried to his waist in mud for more than two hours after a trench collapsed. The worker, Malcolm Ferguson, 51, of Akron, suffered broken bones in his lower leg, and possibly a large-bone break, Reminderville, Ohio fire officials said.

Trench collapses can be deadly and are usually caused by a failure to properly supports the trench walls. OSHA regulations apply to trench work and employers have a responsibility to make sure that employees are not exposed and required to work in unstable trenches. Obviously, there is catastrophic danger that can occur when there is a collapse. Broken bones, traumatic brain injury, suffocation and death are all very real risks that employers are obligated to protect their employees from when working in this setting.

Originally posted at InjuryBoard by Jack Landskroner

Don't Wait Too Long....Time Lines for Filing Suit

Rebecca Castell — Mon, 12 Mar 2007 17:32:40 GMT

There is a clock ticking from the date you are injured....and it only hurts the victim. In Ohio, and every state, there is a "statute of limitations" which governs the amount of time which a victim has to file a complaint against the individual/s or company which caused him or her harm. This time period typically begins when the individual is injured, for example, when the car accident occurred, and runs for anywhere between one year to fifteen years, depending on the type of claim. Regardless of the type of action, either a personal injury claim stemming from a car accident to a dog bite to case involving stockbroker misconduct, there is always a limited time frame in which the victim can file suit.
Most people are unaware that there is a time limitation for pursuing claims. All to often, a victim of wrongdoing comes in who has a solid claim but has waited too long to file a claim against the wrongdoer.
Often, the victim has thought about getting an attorney and seeking compensation for their injury, but wants to wait to see if his or her injuries "get better." Perhaps the individual hasn't sought medical treatment because he or she is without health insurance and has no way to cover the treatment. By the time the victim comes to us, several years may have passed and the pain still persists. Unfortuantely, if the statute of limitations has passed, no claim can be made against the wrongdoer. This leaves the innocent victim without recourse for the pain, suffering and expense he or she has endured.

My desire is to help individuals to get the compensation they deserve when an injury has occurred due to someone else's negligence. If there is any question whether an attorney is needed after an injury occurs, call an attorney first. Do not wait to see if the symptoms get better or to see if things will resolve. It is better to call and ask than to not know. Help us help you!

Originally posted at InjuryBoard by Rebecca Castell

BP Lacking Necessary Safety Precautions for Employees

Rebecca Castell — Tue, 16 Jan 2007 15:44:44 GMT

Following a two year investigation of BP's refineries in 5 states, a safety panel headed by former Secretary of State James Baker determined that BP lacked important workplace safety measures and had a general lax attitude towards the safety of its employees. The safety investigation was prompted by the explosion in Texas City, Texas which killed 15 and injured 170. While the panel couldn't point to any specific instances where BP willfully put its workers at risk, it did determine that BP took short cuts to increase efficieny. These short cuts ultimately put the workers at risk.

The panel has recommended that BP increase its safety measures and encourages an independent review of BP's plants for the next five years. BP's CEO has agreed to implement the panel's recommendations in all 23 of its refineries.

The question here is why did it take 15 deaths for a major company like BP to be held responsible for its cost (safety) cutting measures? Companies with resources such as BP are the most able to implement appropriate safety precautions and should be responsible to the point of setting the bar to smaller companies. This panel has pointed out how both industry and the government often looks away, choosing only to see the big profit margins the company makes.

Originally posted at InjuryBoard by Rebecca Castell

Worksite Falls Lead to Certain Disaster

Jack Landskroner — Wed, 03 Jan 2007 01:03:06 GMT

Injuryboard attorney Thomas J, Methvin recently blogged on the topic of fall hazards at residential construction sites. Without question this is one of the greatest safety concerns present on a jobsite and one of the leading causes of death or disabling injury in the workplace.

In 2004, the Bureau of Labor Statistics (BLS) reported that 1,224 construction workers died on the job, with 36 percent of those fatalities resulting from falls. Events surrounding these types of accidents often involve a number of factors, including unstable working surfaces, misuse of fall protection equipment, and human error. Studies have shown that the use of guardrails, fall arrest systems, safety nets, covers, and travel restriction systems can prevent many deaths and injuries from falls.

What is certain is that when a worker is involved in a fall on a jobsite it leads to almost certain disaster. We have handled a number of fall cases for our clients including, defective scaffolding cases, cell tower fall cases, bucket truck and tanker truck fall cases, ladder fall cases and even an unguarded elevator shaft fall case. In each of these instances, the injuries to our clients resulted in serious and debilitating injury including traumatic brain injury or wrongful death.

Workplace falls can be reduced or virtually eliminated when proper safety precautions are undertaken. Training, instruction, inspection, warning, safety equipment and enforcement are all necessary elements of a successful safety program. Absent these protocols, any employer requiring its employees to work at heights in the workplace is placing them at certain risk.

Originally posted at InjuryBoard by Jack Landskroner

One Attorney's New Years Resolution - Not to Quit Fighting For My Clients' Rights

Jack Landskroner — Tue, 02 Jan 2007 01:30:58 GMT

Another year has come and gone; however in the State of Ohio, 2006 has been one to remember or more appropriately, for those of us that fight for consumer rights and the rights of small business, a year we would like to forget,

In a flurry of last minute legislation passed by the outgoing Ohio Legislature, we have seen bills passed to undermine the rights of consumers in favor of the paint industry protecting them from liability for their defective and dangerous lead based products, we have seen the insurance industry further insulated from accountability for its bad acts which intentionally violate its insureds rights, and we have seen unscrupulous car dealers wheel and deal their way out of being punished when they commit fraud and deceptive trade practices.

It is hard to brush off the moniker which has been foisted upon our State Government as a "culture of corruption" when political favortism and special interest have exerted such brazen influence over our law makers, to the detriment of our citizens and small businesses. We can only hope that our newly elected leaders will take a different approach.

It may be years before the damage inflicted on our rights can be undone , however as an attorney, as an advocate for my clients, as a citizen of the great State of Ohio, and as a father of four children who will grow up in this state, I resolve, although beaten' down by this political steamroller, not to be deterred and to fight on in the courts, in the legislature, on a grass roots front and in the media to make this a better and safer place to live, to run our businesses and to raise our families; not just for the wealthy CEO's of multi-million dollar corporations and fortune 500 companies, but for all of us.

May we all have a healthy, just and prosperous year to come. Happy new year.

Originally posted at InjuryBoard by Jack Landskroner

Driver Fatigue is Often the Cause of Trucking Accidents

Jack Landskroner — Tue, 12 Dec 2006 21:16:03 GMT

Time is money to truck drivers who are often paid by the trip rather than by the hour. Compensation by the trip is a telling factor indicative of a turn away from safety in the trucking industry where freight companies have become far less concerned about how a driver gets the product delivered than whether the product is delivered on time. This is simply a recipe for disaster which we have observed first hand when investigating the accidents and catastrophic injuries suffered by our clients who have been involved in accidents with trucks. As a result, trucking accidents resulting from driver fatigue, speed, and driving under the influence of drugs like speed and cocaine are on the rise.

Every year, more than 5,000 people die and 116,000 are injured in truck-related accidents, according to the Federal Motor Carrier Safety Administration.

It hasn't helped that President Bush "has resisted efforts to reduce the number of hours that truckers spend on the road and working."

[A]dvocates of tighter rules say the administration's record of loosening standards endangers motorists. The fatality rate for truck-related accidents remains nearly double that involving only cars, safety and insurance groups say. They note that weakening the rules has reversed a course set by the Clinton administration and has resulted in the federal government repeatedly missing its own targets for reducing the death rate.

The permissible hours of service for a truck driver are addressed by the Federal Motor Carrier Safety Administration in regulations effective 10/1/05. These regulations permit truck drivers to stay on the roads for 11 hours straight and 60 hours in a 7 day week although loopholes have been created to increase these hours under qualifying circumstances.

The bottom line is that when profit is put before safety we all suffer and the proof is in the numbers:

From 1992 through 2001, roadway crashes were the leading cause of occupational fatalities in the U.S., accounting for 13,337 civilian worker deaths (22% of all injury-related deaths).
Truck drivers, who are included among Transportation/Material Mover occupations, had a rate of 17.6 deaths per 100,000 FTE, a rate considerably higher than that for this occupation group as a whole.
Vehicles occupied by fatally injured workers were most often semi-trucks (3,780, 28%), cars (3,140, 24%), other and unspecified trucks (2,359, 18%), and pickup trucks (1,607, 12%).
Between 1992 and 2001, truck occupant deaths increased, as car occupant deaths decreased.
Crashes involving large trucks (more than 10,000 lb. gross vehicle weight rating) were 7 times as likely to be fatal to other motorists as to truck occupants. An average of 4,425 motorists involved in collisions with large trucks died each year from 1992 through 2001, compared to 681 large-truck occupants.

Originally posted at InjuryBoard by Jack Landskroner

Open Season on Injured Workers?

Justin Madden — Tue, 07 Nov 2006 16:56:25 GMT

With the hunting season nearing full swing, is it open season on injured workers?

Apparently school districts have annoucned that injured teachers and school employees are costing the districts too much in workers compensation claims. A determined effort will be made, apparently, to compel injured school employees to do other jobs until they are able to return to their regular job, or to cajole injured employees to return to work immediately, regardless of whether they are healed.

Does this make sense? Is it fair to assume that every person injured on the job is probably exaggerating and cheating? It would appear that injured workers can expect to be hounded and harrassed until they either quit or drag themselves back to their job, healed or not healed.

The school administrators might save substantial costs if they regularly inspected their buildings, premises, and policed their hallways and classrooms to be sure that the premises are in a safe condition for the safety of not only the school employees, but the students as well. It might be refreshing for an administrator to actually try and prevent an injury, instead of pre-judging an injured employee.

Originally posted at InjuryBoard by Justin Madden