Stockton Injury Lawyer Blog

News reports that a U.S. Airways employee has died in a work-related accident. Robert Demarco, a 60-year-old worker, died last week after becoming stuck between the upper and lower luggage conveyor belts at the Phoenix Sky Harbor International Airport. The accident remains under investigation.

Whenever a work place accident occurs, many considerations come into play. It is important for the injured party or the family of a loved one killed in a wrongful death to discuss the next steps with a Stockton workplace accident attorney.

Two separate paths exist to recover compensation when workplace accidents occur. The first, worker's compensation, provides compensation to those injured at work regardless of fault. This means that you don't have to show that your employer's negligence or wrongful conduct led to your harm. Employers are shielded from liability and the injured and/or their families receive a percentage of the employee's salary to cover medical bills and temporary or permanent disability. The amounts collected are generally lower than in a civil lawsuit, but may be easier to recover.

Alternatively, in some work-place accidents it may be possible for an injured party or family member to recover compensation in a "third-party lawsuit." Filing a third party claim may be possible where a party other than the employer is directly responsible for an injury. This may occur in such instances as where the machinery or tools used are defective, or where a third party contractor or property owner create a dangerous condition.

Continue reading "Worker Killed In Luggage Conveyor Accident" »

A tragic California State University Long Beach elevator accident has raised questions of safety and liability after an employee was killed when an elevator crushed her. According to reports, a woman was trapped in an elevator between the 2d and 3rd floors of a building on the campus as the result of an elevator malfunction. The woman tried to squeeze through an opening between floors but the elevator moved, pinning her between the floor and elevator. She died at the scene.

Whether safety failures or other issues of negligence or liability played a role in this incident will be investigated.

Many issues exist whenever an individual suffers an accident at work. Speaking to a knowledgeable Stockton work related accident lawyer is important to protect your rights and ensure those harmed and their loved ones receive the compensation they are entitled to.

When workplace accidents occur, they may result in a worker's compensation action or third party action. Pursuant to a worker's compensation action, an injured worker or his or her family may be able to recover damages regardless of liability. However, this amount is generally low and may not bee sufficient to cover the cost of medical bills, lost wages and pain and suffering. Alternatively, a third party action may be possible where an outside party is responsible for causing or contributing to an injury. Generally, an individual or family may be able to recover greater compensation by filing a civil lawsuit involving a third party claim.

Here, the elevator accident is an example of potential premises liability. Premises liability exists where an unreasonably dangerous condition exists on another's property - whether a homeowner, a business, a governmental body or a University. If a dangerous condition exists, and the owner fails to correct it if they knew or reasonably should have known about it, or if they fail to provide adequate warning, the owner may be found responsible for any damages that occur. These damages may include medical expenses, lost wages and pain and suffering. Where a fatality occurs, the surviving family members may be able to bring an action for wrongful death.

Continue reading "Long Beach Fatal Elevator Accident Raises Issues Of Safety" »

The Sacramento Bee reports that a crane collapsed at a small Sacramento area amusement park. Two workers were injured in the accident. Safety officials have been called to investigate the workplace accident.

If you have been injured in any type of accident - such as an amusement park accident or workplace accident - it is important to speak to a knowledgeable Stockton personal injury lawyer to discuss the incident and protect your right to obtain compensation.

Here, two workers were working on the towering Scandia Screamer ride when the crane they were on, as well as part of the ride, fell over. The accident left two park employees dangling by safety harnesses, badly injuring one. The crane operator - who was not a park employee - also suffered personal injuries.

Where workplace accidents occur, many issues of liability arise. In some instances, those injured may file worker's compensation claims against their employer, regardless of fault. In these situations, workers are paid a percentage of their salary to cover disability payments. Employers are shielded from civil lawsuits, but the payments workers receive are often too low to fully cover medical bills and other expenses. In other situations, it may be possible to file a civil lawsuit against a third party - such as a contractor who was on the work site or a manufacturer of faulty equipment - in order to obtain adequate payment. In a third party lawsuit you may be able to recover pain and suffering, medical expenses, future damages and enjoyment of life.

Continue reading "Amusement Park Accident Under Investigation" »

Reports indicate that a Tulare man was killed in a construction site accident. The man was working at a Pistachio Plant in Terra Bella on a below ground auger. For unknown reasons the machine started running, fatally injuring the man.

If you or a loved one has suffered serious injuries at work, contact an experienced Stockton work accident lawyer. If you have been injured, you may be able to claim Worker's Compensation from your employer, regardless of fault. Payments may include partial, temporary, or permanent disability.

In other instances, you may be able to file a civil lawsuit for personal injury or wrongful death. Typically, such lawsuits may be filed where a third party is at fault for the accident, such as a contractor, the manufacturer of a faulty machine, or the owner of an unsafe premise.

Continue reading "Terra Bella Work Related Accident Fatally Injures Worker At Pistachio Plant" »

After four performers have been injured while working on the Broadway musical "Spider-Man: Turn Off The Dark," producers canceled shows to add safety precautions.

The recent accident involved a stunt actor who sustained serious injuries after falling more than 20 feet to a basement below the stage. As a result of the fall, he suffered broken ribs, internal bleeding, as well as other injuries. A spokesman for the show said the accident was due to "human error" but failed to provide any other explanation. 3 other actors have been injured, including a woman who sustained a concussion.

Although the cause of the accidents is still under investigation, many questions are raised regarding liability. These issues are present in many stage productions throughout California involving stunts, as well as an elaborate stage and scenery.

Generally, workers' compensation covers injuries that occur during the course of employment and the actors are limited to those damages. However where a third party may be responsible - such as a contractor who installed set props - the injured party may sue for negligence.

Continue reading "Serious Injuries Close Down Spider-Man Performance" »

A recent Department of Labor report found workplace safety enforcement in California in need of serious change. According the Los Angles Times, an investigation into the California Division of Occupational Safety and Health revealed poor training of safety inspectors along with significant delays in responding to complaints. The investigation also revealed "relatively serious" problems, especially with the appeals board which "repeatedly reduced or dismissed penalties, even in situations where workers died or were seriously injured."

Where workers are injured at work, they are eligible for Worker's Compensation from their employer, regardless of fault. Additionally, injured workers may be able to bring third-party lawsuits in instances such as where a manufacturer provides a tool or equipment that causes injury, or another contractor creates an unreasonably dangerous workplace. Workers may be able to recover medical expenses, pain and suffering, and economic damages.

Where safety violations occur, Cal/OSHA is supposed to conduct an investigation, with the end result mandating work sites correct safety violations and pay fines. However, here the report highlighted several significant workplace accidents where Cal/OSHA failed to adequately investigate the safety violations and subsequently enforce penalties. For example, at Bimbo Bakeries, USA, nine employees lost parts of fingers or limbs as the result of baking machines lacking proper guards. Despite the safety violations, penalties were dismissed and the company not required to immediately remedy the problem.

In another case, a worker on the Golden Gate Bridge fell to his death because no scaffolds were in place. Cal/OSHA fined the contractor only $26,000, but when the administrative law judge noticed a small error in the name (the citations were issued to Shimmick Obayashi rather than Shimmick Construction Co. Inc/Obayashi Corp.) the case was dismissed.

Experienced workplace accident attorneys can help injured workers recover the compensation they are entitled to. Cal/OSHA must do a better job in enforcing penalties against companies to ensure the same accidents don't happen again.

Continue reading "Investigation Cites "Serious Problems" With California Workplace Safety Enforcement" »