Wilmington Personal Injury Lawyer - Construction Safety

DOT Worker Dies After Being Crushed By Backhoe

Jean Martin — Tue, 10 Jun 2008 15:09:09 GMT

When my fellow IB partner Steve Lombardi asked me to join in a series of blogs about workers being accidentally backed over by fellow workers, I had no idea that the timing would be so ripe. Unfortunately, last week here in Wilmington, New Hanover county, North Carolina, we experienced such a tragic accident. Jimmy Lee Phillips, a long-time DOT worker, was killed after being struck by a backhoe operated by a fellow DOT worker. Mr. Phillips was standing behind the backhoe when it backed up and crushed him. The accident is still under investigation, but there is no doubt that Mr. Phillips' family is left with many questions.

One has to wonder if spotters were being used. Operators of heavy machinery often have their vision blocked, particularly in backing up. Were there workers who were supposed to be standing guard to prevent such accidents? Did the backhoe have an alarm that sounded when it was operating in reverse? Did the backhoe have such a mechanism, but it didn't work this time or had been dismantled? We often make jokes about such alarms, but they can save lives. Were workers given proper instructions and guidance as to the work that was going to take place and how the machinery would be moving about? Was there a proper work plan to ensure that workers would not be working in an area that was dangerously close to the backhoe? Workers on these types of job sites work in very confined spaces. Safety precautions are absolutely necessary to prevent such accidents.

Our hearts go out to the family of Jimmy Lee Phillips and to the operator of the backhoe as he undoutedly feels much anguish due to the tragic consequences of this accident. Hopefully this accident will serve as a wake-up call for workers and supervisors that proper safety precautions are necessary and equipment needs to be checked prior to each use to ensure that safety mechanisms are working properly.

Originally posted at InjuryBoard by Jean Martin

Accidentally Backing over a Fellow Construction Worker

Tate Hodges — Mon, 09 Jun 2008 09:10:19 GMT

Your first impression about this type of accident probably will be one of curious interest and inquisitive horror. After all, how often could this actually happen? Surely, there must be precautionary measures in place to ensure that one of the most traumatic construction accidents will never occur on any jobsite. However, a sobering realization is that this type of accident happens far more than we would believe.

The amount of catastrophic injuries and deaths has reached epidemic proportions. Highway and roadway workers are the most frequent victims of this hazard. To help reduce the amount of vehicular construction accidents, Congress has passed numerous regulations through the Occupational Safety and Health Act (OSHA). For example, adequate barricades, conspicuous clothing, and flag persons are required when a large vehicle is being operated on a construction site. Furthermore, OSHA requires an operable backup alarm if a vehicle is backing up. The lack of a flag person raises issues of supervision and adequate manpower. If a worker is injured as a direct result of failure to adhere to these standards, the injured person likely will have a strong legal claim.

In addition, if the injury is a direct result of a vehicle not operating properly, for example, a break malfunction, the injured may also have a product liability claim against the manufacturer or distributor of the vehicle. Product liability claims are especially helpful in obtaining recovery for the injured because unlike negligence claims, most product liability actions follow the legal concept of strict liability. In strict liability product liability actions, all the injured would need to prove is that the defective product was the proximate cause of the injury. Conversely, if the injury was a result of inadequate supervision, an OSHA violation, or the lack of reasonable care by a fellow construction worker, a negligence claim may arise against one or more responsible parties. Finally, workers compensation statutes can help the injured party obtain adequate compensation for costly medical bills, pain and suffering, past lost wages, and future diminished earning capacity. Products liability, negligence, and workers compensation claims are common issues that may arise in a lawsuit when a construction worker is backed over at a jobsite.

If you or a loved one has been injured from being struck by an operating vehicle on a jobsite, first, it is most important to report the accident immediately. Having a record of the accident immediately after it occurs is often required by law to have a legal claim. Second, it is strongly suggested to acquire an attorney who may help you in collecting important evidentiary documents, gathering witness information, serving the responsible parties with a lawsuit, and filing the lawsuit with the appropriate court. Although these types of injuries may seem rare, they do occur with some frequency, and it is important that you know your rights.

Originally posted at InjuryBoard by Tate Hodges

Shot With Nail Gun - An Increasingly Alarming Headline

Jean Martin — Fri, 30 May 2008 12:41:26 GMT

Young worker shot in head with nail gun

Worker shot with nail gun

These are headlines that I don't enjoy reading. I've read reports that as many as 100 people a day show up in Emergency Rooms with injuries due to nail guns. The Consumer Product Safety Commission says that over $300 million in medical care is spent each year to treat injuries due to nail guns. The situation is becoming so prevalent that even Hollywood is currently shooting a movie entitled Nailed about a woman who gets accidentally shot in the head with a nail gun. At least the early reports of the plot suggests that the woman, in this political satire, goes to Washington, D.C. to fight for the rights of the "bizarrely injured." I don't like the idea of poking fun at those injured by the dangerous tools, but I would agree that a campaign to warn people of the dangers of nail guns needs to be mounted. My InjuryBoard colleague Steve Lombardi has enlisted several of us to start this campaign within the pages of InjuryBoard. Steve started us off with an informative piece entitled "Useful Tools or Dangerous Weapons?" I think the answer to his question is that nail guns are both.

The fact is, more and more people are injured by these useful tools. Nail guns have made hand-nailing almost obsolete due to their quickness and efficiency. The biggest advantage of nail guns is their ability to rapidly fire a nail into a surface and do so repeatedly. However, the quickness and ease of the nail gun sometimes lures people into a false sense of security. Sometimes people use them in precarious situations, meaning perhaps not on stable footing, because they believe the job will be done quickly before they are able to fall. I f you happen to loose your balance just as you pull the trigger, it is possible to fire two or three nails into the same hole. Only the first one makes it in - the other two go off in random directions. Those other directions could be towards a co-worker or family member standing in the same room. An InjuryBoard colleague, Paul Jacquart recently posted about one of his clients who was hit in the head with such a nail when a co-worker was using a nail gun above him.

Nail guns are dangerous tools and must be used with an abundance of caution. To quote another InjuryBoard colleague, David Mittleman, folks must remember that nail guns are useful, but can be dangerous and deadly. Nail guns look easy to use, but we must read the manufacturer's instructions prior to using the nail gun. Wear safety glasses when using a nail gun. When moving about the work area, keep your finger OFF of the trigger. Never assume that the nail gun is empty and never point it towards someone and never use it above someone's head.

Even if you take all precautions, nail guns are still dangerous. Please read a great article by my InjuryBoard colleague Brooks Schuelke on the defective design of many nail guns that pose an inherent risk. As Brooks explains, there are two types of triggers used on nail guns - contact and sequential. The sequential trip-trigger makes unintentional firing of nail guns less likely. With nail gun accidents and injuries on the rise, I simply don't understand why more manufacturers are not using this type of trigger. Consumers, whether professional construction workers or do-it-yourselfers should pay close attention to the type of trigger used with a particular model. Read this safety bulletin that gives you tips on how you can tell which type of trigger you have.

As we enter the warm summer months and start more construction projects, please use all caution when using nail guns. If you or a loved one are injured by a nail gun, then please call an InjuryBoard member who can help you determine what legal rights you may have.

Originally posted at InjuryBoard by Jean Martin