Kansas City Injury Lawyer Blog

http://www.huffingtonpost.com/the-center-for-public-integrity/model-workplaces-not-alwa_b_892322.html

A report by the Center for Public Integrity indicates that even those workplaces that have been designated as model workplaces by the Occupational Safety and Health Administration may still be at risk of workplace hazards that increase the risk of an accident.
The investigation found several workplaces across the country that had been included in the agency's Voluntary Protection Program, but had still been the scene of several serious and even fatal accidents. There are more than 2400 workplaces across the country that are members of the Occupational Safety and Health Administration's Voluntary Protection Program. This is a program that exists to benefit workplaces that the agency considers to be safe, by giving them a range of benefits, including fewer numbers of inspections.

However, according to the Center for Public Integrity report, since the year 2000, there have been at least 80 workplace accident fatalities in these model workplaces and in at least 47 of these, investigations turned up a number of serious safety violations. These are places have been the scene of crane accidents, explosions, fires and toxic exposure incidents. These are not the kind of accidents that you expect to find in a work place that has been granted special exemption from regular inspections by the Occupational Safety and Health Administration because of their high safety standards.

Missouri Injury Lawyers find it even more shocking that these employers continue to retain membership in the Voluntary Protection Program even after serious accidents have occurred in their premises. When there is a serious accident or a preventable fatality in a "safe" workplace, it should be a sign that the workplace is not as safe as designated, and should be put through regular inspections.

http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=20016

A Missouri poultry company has been cited by the Occupational Safety and Health Administration for a number of violations after a worker was killed in a trucking accident inside the facility. According to the agency, this tragedy occurred because the company failed to identify and eliminate hazards in the workplace.

The company, Marshall Durbin Companies in Hattiesburg was the site of a worker death in December 2010. Close to 1,000 people work in the Hattiesburg facility. The victim was working at the entrance of the facility, when he was struck by a tractor-trailer.

The Occupational Safety and Health Administration began an investigation into the accident. The agency has now cited the company, for at least 12 violations. These include

• Exposing workers to pedestrian accident hazards by not requiring them to
wear brightly colored clothing
• Failure to implement traffic control measures
• Lack of illumination for stairs and exits
• Missing rails on stairs
• Lack of machine guarding
• Failure to label electric circuit breaker panels
• Exposing workers to corrosive materials without providing them protection for
their eyes
• Failure to provide clean bathrooms, and failing to label hazardous chemicals.
The Occupational Safety And Health Administration has proposed total penalties of $120,000.

It shouldn't be so hard to provide a safe workplace for American workers. Unfortunately, every year, dozens of people are killed or seriously injured in accidents in Missouri that can be traced to employer's negligence. The Occupational Safety and Health Administration lays down strict standards for safety and health for almost every industry. Missouri work accident lawyers know that meeting these standards and improving safety conditions in the workplace require investments in time, effort and money. Employers often scrimp on safety measures, resulting in injuries and fatalities.

An increase in the number of older Americans in the workforce has meant an increase in the number of injuries involving these workers in workplace and industrial accidents in the US. Those statistics come from the Centers for Disease Control and Prevention, which states that there has been an increase in the number of older worker-related injuries over the past seven years.

In 2003, older worker-related injuries in the workforce accounted for 12% of all workplace injuries, and that number has increased to 17% in the latest tally. Besides, the Centers for Disease Control and Prevention is also warning that the percentage of injuries involving older workers could actually increase to 19% by the year 2018, unless American employers increase focus on safety for older workers.

Missouri industrial accident lawyers believe that there are a number of reasons that are contributing to this increase in older worker-related injuries. Firstly, there has been an increase in the number of senior citizens returning to the workforce because of the recession. Additionally, many seniors are returning to a workforce that has not been equipped with safety aids for them. Employers have failed to take seriously senior safety considerations like slip and fall accidents, into account while recruiting older workers. This has had a disastrous impact on their safety.

However, there has been some encouraging news. For instance, the Centers for Disease Control and Prevention study does not seem to indicate that older workers are at a much higher overall risk of injuries than younger workers. However, their risk of certain types of accidents seems to be higher. For instance, these workers are much more susceptible to slip and fall accidents, falls from elevations, and other such risks. Besides, these workers are also at a much higher risk of suffering fractures, broken bones and ribs and other such injuries in accidents. These injuries can have a devastating impact on worker safety, because seniors are already at a much higher risk of osteoporosis which can lead to brittle or weak bones. Such injuries take a much longer time to heal in older workers.

Employers could be doing more to reduce the risk of injuries among older workers through increased training, and adoption of better fall prevention techniques.

An auto salvage employee died earlier this week after he was injured in a Missouri work accident. The employee was inflating a tire when it exploded at the business at roughly 8:00 a.m., according to KY 3.

The employee was taken to the hospital where he died around 12:00 p.m.

Our Kansas City workers' compensation lawyers work to help ensure that workers receive benefits they are entitled to under Missouri Workers' Compensation law. In our state, and employer is required to carry workers' compensation insurance if the company employs five or more employees. The construction industry is the only field that requires insurance regardless of the number of employees. When a worker is killed on the job, a wrongful death suit may be warranted. The same is true of a personal injury lawsuit in cases where someone other than an employer is at fault.

An employee has the rights to receive medical benefits in the event of a work injury and they're also to be granted temporary total disability benefits and permanent partial or permanent total disability benefits if necessary. If the injury results in death, certain surviving individuals may be entitled to weekly benefits from the employer or the insurer. Funding, up to $5,000, for funeral services will also be provided if the claim is filed correctly.

An Area Office Spokesman of the U.S. Occupational Safety and Health Administration (OSHA) in Kansas City says it will send an investigator to Christian County to investigate the incident.

According to a letter from Area Director, the Kansas City Area Office for Occupational Safety & Hazard Administration has seen a dramatic decline in work accidents over the last four decades. At the turn of 20th century, workplace fatalities in America were all too common as working conditions were dreadful and so were the few laws existed to protect employees. That's why, since OSHA's inception in 1970, workplace deaths have decrease by nearly 70 percent.

Significant progress has been made in reducing serious and fatal accidents, even as the U.S. workforce has doubled. However, thousands of workers remain at risk of serious injury or death on the job each year.

According to the Bureau of Labor Statistics (BLS), 4,500 were killed in work accidents in 2009, compared to 5,200 in 2008. The 2009 statistics represent the smallest annual preliminary total since the Census of Fatal Occupational Injuries (CFOI) program began in 1992.

Workers are asked to remain cautious on the job and report any unsafe findings to either your employer or directly to OSHA. You are also urged to contact an experienced attorney if you've suffered an on the job injury as an attorney can help you fight for your rights and fight for the appropriate compensation.

Continue reading "Exploding Tire Kills Auto Employee in Missouri Work Accident" »

The Governor's Highway Safety Association has just released a new report on how many states are trying to prevent auto accidents related to distracted driving.

The report rates how all 50 states and the District of Columbia fare on a number of markers related to distracted driving prevention. As a Kansas City auto accident lawyer, I was very encouraged to note that preventing accidents and personal injuries from distracted driving has become a top priority in the state of Missouri. Missouri has included anti-distracted driving measures in its Highway Safety Plan. The state also collects information about distracted driving-linked accidents. Missouri has also been ahead of many states in its use of social media and social networking sites in order to spread the message against distracted driving. The state uses sites like Facebook, Twitter and eblog to educate motorists about the accident dangers of distracted driving.

However, Missouri could do a lot more in targeting novice drivers about the increased crash risks from cell phone use and other distractions while driving. The only effort that Missouri has made towards raising awareness about these dangers is printing educational materials targeted at teen motorists and their parents, warning them about their amplified risks of accidents and personal injuries. However, the state does not require distracted driving to be a component in teen driver education programs. It also does not include information on distracted driving in the driver's manual, and does not include questions on distracted driving in driver's licensing tests. These omissions must be corrected.

The state also seems to have ignored one very important facet of anti-distracted driving efforts prevention in the workplace. Employers can do a lot to make sure that employees refrain from cell phone use and texting while driving. Very often, motorists feel the pressure to keep their cell phones switched on, so they can be available to the office 24/7. These tendencies have increased during a tough economy, when employees are under pressure to be constantly available to their employer. Companies can remove much of this pressure from workers, by reducing the need for employees to be constantly in touch with the office, even when they're out of the office.

Horn Law litigates complex construction and industrial accident cases. Not only do these cases demand in-depth investigations, but also strong medical experts, including life care specialists. As well, because these type of cases always involve a substantial present and future income loss, other experts, such as an economist are necessary. We handle all types of industrial and construction related injuries. In our experience, these are the most common cases:

1. Accidental Falls. Failure to have adequate fall protection at a work site is a leading cause of accidental death. Unstable ladders also present substantial safety risks.
2. Scaffolding. Scaffolding accidents usually involve a failure of the planks or structural supports. Slip and falls and falling debris also account for serious injuries and death.
3. Toxic Exposures: Insufficient oxygen environments, chemical exposures, harmful gases, sprays, mists, and smoke can cause immediate injury and/or longer-term illness and disease.
4. Electrical Hazards: Working with electricity is always dangerous and strict guidelines must be followed or the work site is at substantial risk.
5. Fires. Most fires occur because of breakdown in safety policies, procedures, and protocols in using and storing hazardous chemicals.

Work site accidents causing serious injury and wrongful death requires detailed legal consultation and thorough investigations. We can arrange immediate no charge consultations and investigations. Please contact lead attorney Douglas R. Horn at 816-795-7500 or dhorn@hornlaw.com. Doug can put a team of experts to work for you and your family.

Toward the end of last year our law firm settled a case for a man who suffered moderately severe injuries in a truck accident. The special circumstances that made this case somewhat complex was the fact that our client was in the course of his part-time employment at the time of the accident. The collision happened late at night while our client was in the course of making a delivery in a box truck. Without warning, a drunk driver hit our client's truck at a high speed. Because he was working, his legal claims related to his injury case were special. His case is the focus of this article.

Because our client was working at a part-time job at the time he was injured, he had a claim for Missouri Worker's Compensation benefits. Under Missouri law, our client, in addition to the separate claims against the drunk driver, was entitled to three special benefits provided by his employer's worker compensation:

1. Medical and rehabilitation treatment;
2. Compensation for his lost income; and,
3. Compensation for his permanent partial disability that resulted from the accident.

Our legal representation in his worker compensation claim insured our client could maximize both his medical and financial recovery.

Additionally, apart from his worker compensation claim, our client had a separate claim related to the drunk driver's auto insurance coverage. It was vitally important to our client that we worked to maximize his claim against the drunk driver. This claim covered items not obtainable under the worker compensation claim, including claims related to our client's past, present, and future pain, suffering, discomfort, and mental anguish associated with his accident injuries and his medical recovery.

The reason zealous legal representation was so important in this case is because there are special legal complexities involved in a case with both worker compensation claims and separate claims against those who caused the accident injuries. In this case, because my client made a financial recovery on the claim against the drunk driver, the law provides that the worker compensation insurance company will be entitled to a reimbursement of the benefits they paid in the case. This reimbursement law is why it was so important to maximize the recovery on the drunk driver claim.

Over the years our law firm has handled over 25 cases that involve both a worker compensation and a separate auto claim. A primary issue I face in these special cases has to do with medical care for the injuries suffered by my client. In many cases it may work better for my client to follow through with their personal physician versus going to the doctor provided by worker compensation. The reason for this is that your personal physician is familiar with your medical history and will be able to provide a level of care that you are accustomed to. Not only do I want to maximize the client's financial recovery, I also want to make sure my client gets the best medical care available.

The Horn Law Firm is based in the greater Kansas City area and handles worker compensation claims throughout western and southern Missouri, including Bates County, Benton County, Boone County, Buchanan County, Carroll County, Cass County, Clay County, Clinton County, Greene County, Henry County, Johnson County, Lafayette County, Pettis County, Platte County, Polk Couty, Ray County, St. Clair County, and Saline County.

I offer free consultations in any type of personal injury matters, including worker compensation claims. Because there are special rights and responsibilities involved with any on-the-job injury, it is important an injury victim consult with competent legal counsel as soon as possible.