Louisville Personal Injury Lawyer - Workplace Injuries

Two Accidents Injure 10 Mine Workers in Kentucky

Karl Truman — Wed, 02 Sep 2009 17:09:00 GMT

Last Thursday two work place accidents at separate coal mines left a total of 10 mine workers injured.

CNN reported that eight people suffered minor injuries when a transport vehicle holding 8 mine workers lost its brakes inside the Ken American Mine in Central City, Kentucky, about 125 miles southwest of Louisville. All on board were injured and taken to the hospital for treatment of minor injuries-the most serious reported was a broken leg.

A second accident injured two workers when an unoccupied pickup truck rolled down a road and hit two workers operating a drill at a mine site in Floyd County.

The Courier Journal (Louisville, Kentucky) stated that:

The men identified were 51-year old Harold Skaggs of Louisa, and Frank B. McCoart, 71, of Van Lear, were airlifted to Cabell-Huntington Hospital in Huntington, W.Va.

Skaggs was in critical condition and McCoart in serious condition today, said hospital spokesman Charles Shumaker.

The Kentucky Office of Mine Safety and Licensing is investigating both accidents.

These types of accidents are not uncommon in the mining industry. Just last month the Sentinel Echo reported on June 9, 2009, that a Kentucky coal miner named Wilson R. Meade, 58, was killed while working 3,900 feet underground. He was struck by a flat car loaded with concrete blocks. He was pronounced dead at the Harlan Appalachian Regional Hospital.

Meade is the 7th coal miner in the United States and the 2nd in Kentucky to die on the job in 2009.

Mining continues to be one of the most deadly jobs in the United States. It’s imperative that equipment manufactures and mine supervisors do everything in their power to prevent accidents and secure a safe work environment for our miners.

Originally posted at InjuryBoard by Karl Truman

Putative Damages now Available Under the Jones Act

Karl Truman — Wed, 08 Jul 2009 10:29:33 GMT

On June 25, 2009 The United States Supreme Court held in Atlantic Sounding Co. v. Townsend, 2009 WL 1789469 (U.S. June 25, 2009), that:

"Because punitive damages have long been an accepted remedy under general maritime law, and because nothing in the Jones Act altered this understanding, such damages for the willful and wanton disregard of the maintenance and cure obligation should remain available in the appropriate case as a matter of general maritime law."

This means that claims filed under the Jones Act are not barred from requesting putative damages. Initially, in Miles v. Apex Marine Corp., 498 U.S. 19 1990, the Supreme Court held that:

“The Jones Act, which applies to deaths of true seamen as a result of negligence, allows recovery only for pecuniary loss and not for loss of society in a wrongful death action under the Jones Act or any of this Court's other decisions interpreting the statute."

This meant that wrongful deaths actions filed under this act were eligible solely for lost wages that occurred during the decedent’s lifetime. The more recent decision handed down by the Supreme Court in Atlantic Sounding now allows for families to include putative damages for injuries that occur as a result of wanton disregard or failure to cure ship maintenance issues.

The decision, while recent is controversial. Opposers contend that this ruling will open a floodgate to include putative damages to maritime claims, which is something that was not previously available.

Originally posted at InjuryBoard by Karl Truman

The Jones Act Provides Benefits for Injured Workers on the Ohio River

Karl Truman — Wed, 17 Jun 2009 08:37:58 GMT

In late April the body of newly hired deckhand Michael Harvey was found floating off the coast of the Ohio River. The incident occurred on April 6, 2009. It was reported that the deckhand was working on a barge that was transporting coal to FirstEnergy’s Sammis Power Plant when the barge bumped into another barge while unloading coal. Mr. Harvey lost his footing and fell into the Ohio River.

The Pittsburg Tribune reported Mr. Harvey’s co-workers as stating that:

It had appeared that his life jacket was knocked off of his body during the fall. The deckhands aboard the barge tossed Mr. Harvey a life preserver; however rescue attempts were unsuccessful.

Employee accidents aboard ships are not uncommon and the risks of working at sea are well known to many. The Jones Act acknowledges such risks and was enacted in 1920 to provide seamen with similar employment rights found by those of the railroad industry.

Specifically, the Jones Act provides that “Any sailor who shall suffer personal injury in the course of his employment may, at his election, maintain an action for damages at law, with the right to trial by jury”

This protection includes negligent acts or omissions by the ship owner, captain and co-workers.

To qualify as a “seamen” under the Jones Act, a person must spend more than 30% of his employment services aboard a vessel. Generally speaking, the act is applicable solely to employees whose job is aboard a ship or vessel and may not apply to workers who job is performed on a fixed platform or to longshoreman.

Maritime Law is a complex and continuously evolving area of law. It’s important for ship workers to understand their rights and to seek legal counsel when necessary to protect those rights.

Originally posted at InjuryBoard by Karl Truman

OSHA Fines Wal-Mart $7k for Trampling Death of Seasonal Employee

Karl Truman — Wed, 27 May 2009 17:36:05 GMT

OSHA has fined Wal Mart $7,000 for the December 2009 trampling death of Jdimytai Damour. Mr. Damour was a temporary/seasonal security guard at a Wal Mart store located in Long Island. The AP reported that he had been on the job for about a week, when he was knocked to the ground by overzealous shoppers and trampled to death, after opening the doors to the store on Black Friday.

OSHA explained that the fine issued to the store was the maximum allowed for insufficient crowd control. The incident occurred on November 28, 2008. Negotiations against the large retailer took approximately five months.

Frank Eltman, writer for the AP provided that:

The Nassau Country District Attorney, Kathleen Rice announced in earlier this month that its office was ending its investigation against the Wal-Mart since the company agreed to establish a $400,000 fund for victims of the Black Friday incident and to give $1.5 million to various local non-profit groups. Wal Mart also agreed to improve its crowd management at post-Thanksgiving sales.

Andrew Libo, an attorney representing Mr. Damour's family in a lawsuit against the retailer, called OSHA's citation "a step in the right direction with regard to holding irresponsible corporations accountable for their actions."

Initial reports of the incident provide that the Wal-Mart employees had formed a human chain at the front of the store in an effort to slow down the massive rush of people, which clearly did not work.

The father of the victim has expressed his disappointment with the DA's decision to settle with the retailer. The family's wrongful death claim is still pending.

Originally posted at InjuryBoard by Karl Truman

Does an Injured Worker Have the Right to Pick His Doctor?

Karl Truman — Thu, 19 Feb 2009 18:05:06 GMT

This is a question I get asked a lot in workers compensation claims. Obviously, I cannot give one standard answer which applies in every case, because each case is unique. Since I do cases in Indiana and Kentucky, I see significant differences between the two states. It also makes a difference if you work in one state but are hurt in another state.

As a general rule, if it is a Kentucky claim, then the injured worker will typically be able to select his or her treating doctor. In Indiana, the employer has the right to pick the doctors and can change the doctors at any time with no reason.

In Kentucky, the injured worker must complete a Form 113 Designation of Treating Physician. This doctor is also called the "gatekeeper physician" because this doctor can refer the injured worker to different specialists and therapists.

Karl Truman

Originally posted at InjuryBoard by Karl Truman

$48,000,000.00 verdict for workplace negligence

Karl Truman — Wed, 04 Feb 2009 16:44:47 GMT

A jury in Lake County Superior Court, in Crown Point, Indiana rendered a verdict for fourty eight million dollars for workplace negligence. The case involved a steelworker who fell from his ladder at his work site and suffered a spinal injury that left him a parapalegic. The worker blamed the incident on an independent contractor that had inadvertently coated the ladder with concrete teh broke under his weight and caused him to fall.

As a result of the fall, the injured worker sufferred a T-8 fracture that left him a permanent paraplegic from the waist down. Among other things, he no longer has any bladder, bowel or sexual function.

Under worker's compensation laws, if you are hurt on your job, you cannot sue your employer or co-workers for negligence. Your only remedy is workers compenstion benefits. But, this is an example of what is referred to as a third-party claim. So, in this case, the injured worker was able to sue a third-party independent contractor for negligence, so he was not bound by the workers compensation laws.

Originally posted at InjuryBoard by Karl Truman