Industrial Accident Lawyer Blog

Mississippi's Howard Industries, Inc., in Ellisville, Mississippi was recently cited by OSHA for 17 safety violations following the electrocution death of Benjamin Edwards Spoon while testing transformers. According to the OSHA citation, Spoon's employer failed to have an adequate lock out-tag out procedure, failed to conduct PPE hazard assessments, and failed to provide insulated gloves.

In this situation, the power company Spoon's employer was hired by could have some liability for using a contractor with known unsafe work practices and/or failing to adequately monitor the work. The Flynn Law Firm has represented injured workers in Mississippi, last year concluding two cases against International Paper for a boiler explosion at the Vicksburg mill. The Flynn Law Firm currently represents an injured lineman in a case pending in Smith County, Mississippi.

Charles Grundy, of St. George, Utah, was killed in a workplace accident when he was hit by a front-end loader driven by a co-worker. The work injury occurred on Interstate 15 in an area near the Utah-Nevada border. According to news reports, Grundy was standing in the Southbound Lane of I-15 with his back turned while talking on his cell phone. A co-worker did not see him and simply ran him over.

When someone dies on the job, or when three or more employees are hospitalized in a single event, OSHA is automatically called to investigate. The co-worker who ran him over probably did not have adequate training, and the jobsite was obviously not adequately monitored or supervised.

Shawn Allen Austin was killed in a flash fire at the John W. McDougall Metals Plant in Nashville, Tennessee. The John W. McDougall plant fabricates custom sheet metal. Because there was a workplace death, OSHA will be investigating the incident. Immediately after the flash fire, Mr. Austin was taken to Vanderbilt University Medical Center, where he ultimately succumbed to his burn injuries. Another worker, Saul Hernandez, suffered a work injury in the flash fire, and was treated and released.

Construction accidents keep the best Georgia workers' compensation lawyers busy, with worksite injuries becoming more and more common. Often, work injuries are not isolated incidents---and are often preventable.

One such work accident recently occurred in Knoxville, Tennessee, when Solin Estrada Jiminez was killed when a chunk of concrete fell off a support beam of the Henley Street Bridge. Jiminez was an undocumented worker for Britton Bridge, LLC.

Continue reading "Construction Accident Claims Life of Solin Estrada Jiminez" »

A flash fire at the Hoeganaes Corporation facility in Gallatin, Tennessee has killed one worker and severely injured another. Wiley Sherburne, of Castalian Springs, TN was killed and Vernon Wayne Corley was injured when a flash fire occurred during maintenance on on a burner

The Hoeganaes facility makes liquid metal for gear parts, and was reported to be a dusty facility. Dust in the workplace can, and in this case did, pose a combustion hazard. These types of combustible dust explosions can often cause work injury and lead to Workers Compensation claims. With adequate housekeeping, however, dust explosion like this can be avoided.

Jon Martinez and Jason Steele, both of whom worked for United Fire Protection in St. Petersburg, Florida, were recently killed in an industrial accident while working for United Fire Protection at a former Georgia Pacific Plant in Lake Placid, Florida. The workers were fixing a pump inside a concrete block building adjacent to a water tank, when the tank (or the pump) exploded. When the tank exploded, it caused a "rush" of water, which caused the building to collapse. OSHA and local law enforcement are investigating the work accident.

Six injured workers were seriously injured when a 6-inch pipe containing high-pressure steam burst at an Indiana County power plant. Three suffered severe work injuries and were taken to the burn unit at West Penn Hospital. Steam injuries, even though they do not involve contact with fire, can be very painful and cause deep second and third degree burns, necessitating long term care and a substantial workers' compensation claim. Three other injured workers were taken to a local hospital.

Continue reading "Six Hurt In Workplace Accident at EME Homer City Generating" »

Three workers have been killed, and at least one worker was injured, when a chemical plant owned by Al Solutions Inc. exploded in New Cumberland, West Virginia exploded. One direct employee of Al Solutions, Inc. was badly burned, and ultimately died from his burn injuries. A contractor on the site also suffered burns.

Al Solutions in New Cumberland West Virginia develops additives for the aluminum industry. The workers were working with titanium powder, used as an alloy additive. The powder is packed into bricks and is highly flammable.

Continue reading "Workers Killed in December 9, 2010 Al Solutions Chemical Plant Explosion" »

Recently, three workers were severely burned while using cutting torches in a grain silo. Due to combustible grain dust in the air, an explosion occurred, sending the three men working at the Simmons Feed Mill in Fairland, Oklahoma to the Hillcrest Burn Center in Tulsa. The men were contractors on the property who were working below ground level cutting silos. These work injuries and burn injuries should not occur if proper safety mechanisms are in place.

Agricultural dust, such as sugar dust and grain dust, is highly explosive, and industry has known for over 100 years that grain dust in the air can cause a significant explosion. The massive explosion at the Imperial Sugar Refinery in Port Wentworth, Georgia was caused by combustible sugar dust. OSHA has drafted tight regulations on combustible dust, and special standards for the grain handling industry have existed for years. With adequate housekeeping and employee training, combustible dust explosions can be kept to a minimum.

Continue reading "Another Work Injury Caused by Grain Explosion" »

Texas based Tesoro Corporation has revealed in its recent quarterly report that it is under investigation by the Environment Protection Agency for the April 2 explosion which killed seven workers an injured scores more at the Anacortes, Washington refinery.

Tesoro's previous filings with the Securities and Exchange Commission claimed the EPA was looking into the incident, but did not say whether it was a criminal or civil inquiry.

Tesoro has already been fined $2.39 Million by the Washington Department of Labor and Industries (a state OSHA-type agency), after an extensive investigation into the working conditions at the refinery and how the Anacortes facility exploded. It cited the company with 39 willful and five serious violations.

The Tesoro Refinery Explosion was caused by a heat exchanger at the refinery which ruptured just after midnight on April 2, 2010, releasing hydrocarbon vapor. The vapor ignited, leading to a massive fire. Seven workers died.

While performing demolition work in Channahon, Illinois, Timothy Shields was killed in a construction accident by a one inch piece of rebar. Shields and another man were breaking down sections of a weigh scale when a 10 foot section of rebar broke loose, striking Mr. Shields in the forehead underneath the hardhat. Mr. Shields was taken to a local hospital, where he was pronounced dead.

Wearing PPE, as Mr. Shields was doing, is always one of the best way to maintain a safe work environment and avoid a work injury, but wearing PPE alone does not provide a 100% guarantee that you will not be the victim of an on the job injury. Construction demolition work, particularly at old industrial sites, can be especially treachorous, because there are no plans or specs to be reviewed, and the work can be somewhat chaotic. Georgia workers' compensation lawyers are frequently called upon to represent those hurt during the demo phase of a construction project.

Electrocution work injuries are some of the most common, deadly types of on the job injuries , and often lead to workers' compensation claims and disabling conditions. Recently, Roger Thompson (from Brooksville, Florida), was electrocuted and killed while working as an electrician at the South Carolina State Fair. South Carolina OSHA is investigating the circumstances surrounding this worker death.

In 2008, another fair worker was killed when he was crushed by a counterweight. In that incident, the decedent's employer was cited for failure to furnish a safe workplace. It appears that while the rides may be safe for those attending the fair, the workers assembling the rides or working at the fair are in a dangerous workplace.

Kylan Warren, age 25, a Georgia power lineman, succumbed to burn injuries sustained in July after a crew he was working with accidentally drilled into a subsurface gas line while placing utility poles. He suffered burns to 80 percent of his body and was in the Grady burn unit for one month prior to his death.

Workplace safety is a team effort, and involves more than just the efforts of an employer. Contractors, sub-contractors, and utility companies each play a role in maintaining a safe working environment. A sub-surface utility line, such as the one Mr. Warren was working near, should be adequately marked. Not only should the utility accurately mark the sub-surface line, but a representative from the utility (in this case Atlanta Gas Light) should be present at the morning tailgate meeting to ensure the lineman and contractors know where the sub-surface gas line is located and know how to avoid it. The OSHA investigation should reveal AGL's role in Mr. Warren's death and provide guidance on how incidents like his can be avoided in the future.

A Georgia Power lineman was severely burned in a Georgia work accident while installing a utility pole in Milton, Georgia. Authorities say 25-year-old Kylan Warren of Acworth was caught in the explosion, and has suffered 80% burns to his entire body. Apparently, a device used to drill the hole for the utility pole struck the gas line, causing the explosion.

Prior to placing utility poles, the gas company is called out to the site to mark the location of the lines, so that when the lineman goes to the jobsite (where he probablly uses a digger derrick such as the one pictured below), he knows where to dig and where not to dig. A lineman is not expected to do anything other than rely on the marks placed by the gas company when setting up his digger derrick and placing the utility pole.

Continue reading "Georgia Power Lineman Burned In Gas Explosion" »

Construction accident lawsuits have been filed in Atlanta over the work injures sustained in the Botanical Gardens elevated platform collapse. The lawsuits allege that the Botanical Gardens and certain contractors working on the elevated platform, as well as the project architects, were negligent in the design and assembly of the horizontal structural system used on the platform, leading to its collapse. Several construction workers were injured, and those workers filed Atlanta construction accident lawsuits as a result.