Texas Company to Pay $2.8 Million in Construction Death

The family of a construction worker who died on-the-job in Horseshoe Bay, Texas has been awarded $2.8 million by a Travis County jury.  Senderro Construction Services Inc.  was found 98 percent liable in the accident where a protective railing was not properly secured, leading to the man’s death. 

The family’s lawyer argued that had the temporary guardrails used on the construction site been properly installed the man would not have fallen four stories to his death.  The man stumbled and grabbed the rail that gave way under his weight. 

The lawyer argued Senderro had subcontractors re-secure the rails after removing them instead of using a framer with the proper expertise do the job.  

The accident occurred in April 2008 at the Waters condominium complex. 

If you are injured on the job, you have the right to file a claim for Workers’ Compensation benefits – whether your injury happened on your first day of work or your last.  At Munley, Munley & Cartwright, our goal is to provide exceptional legal services to our clients. We strive to achieve the highest standard of excellence for the protection of individual rights through team work and the use of our considerable resources and experience. 

Contact us at 1-800-318-LAW1 or fill out our free Workers’ Compensation Claim Evaluation Form. 

Construction Accident

Seattle Man Awarded $4.9 Million in Workplace Accident

The Seattle Times reports a King County man has been awarded nearly $5 million after he lost his left arm in a 2007 accident at a Kent envelope-manufacturing plant.  The man received a prosthetic arm but could not return to his job at the Cenveo Envelope plant. 

The King County jury found that the man was injured because the machine he was using was improperly constructed, making it dangerous to operate, according to a news release from his attorney. Also, the company that made the machine, Marathon Equipment Company, was aware of the problems but did not take any corrective actions. 

“This was an important verdict for safety of workers in an industrial plant,” said the man’s attorney. “The manufacturer was not paying attention to known problems with this machine.” 

Marathon Equipment Company has not announced if they will appeal the verdict. 

If you are injured on the job, you have the right to file a claim for Workers’ Compensation benefits – whether your injury happened on your first day of work or your last.  At Munley, Munley & Cartwright, our goal is to provide exceptional legal services to our clients. We strive to achieve the highest standard of excellence for the protection of individual rights through team work and the use of our considerable resources and experience. 

Contact us at 1-800-318-LAW1 or fill out our free Workers’ Compensation Claim Evaluation Form.

Montana Railway Employee Awarded $2 Million for Injury

A Burlington Northern Santa Fe Railway employee was awarded $2 million by a Yellowstone County, Montana jury for an injury he suffered in 2001.

The employee tripped over a radio handset cord in the locomotive and fell down three steps. The man suffered back injuries that required surgery and has left him with chronic pain.  Although the man is currently working at the railroad as an engineer, his attorney said he will probably be medically discharged from his job in the future

Prior to the start of the trial, the presiding judge ruled that the railroad could not argue that the employee contributed to his own injury because the railroad had thrown away the handset and cord. 

The five-day trial focused on determining the amount to award.  The plaintiff did not ask for a particular amount.

Our attorneys at Munley, Munley & Cartwright are experienced in worksite accident lawsuits and will evaluate your case and explore all possible sources of recovery. We fight to protect the rights of workers. If you or a loved one has been harmed in an accident on-the-job, you may have a legal claim. Contact us at 1-800-318-LAW1 or submit an online free claim evaluation

Workplace Accident

American Electric Power to Pay Close to $ 7 Million in Explosion Death

A Marshall County, West Virginia jury found American Electric Power (AEP) negligent in a 2007 explosion, and they must pay close to $7 million to the family of a man that died in the explosion.

The lawsuit was brought on behalf of a Tyler County, WV man who was a truck driver at the Muskingum River Power Plant.  The family’s lawyer claimed the explosion was caused by dangerous conditions on the facility’s hydrogen storage tank.  They also claimed there an explosion 15 months prior and AEP had not taken any corrective actions to prevent a similar accident.

An Ohio jury recently returned a $6 million verdict against AEP for a man who was injured in the same explosion.

The power plant is located on the west bank of the Muskingum River, near the town of Beverly, Ohio.

If you or a loved one has been seriously injured in a workplace fire or explosion, you may be entitled to compensation for your injuries, pain and suffering and lost wages.   For a free consultation regarding your legal concerns, contact Munley, Munley & Cartwright online or call us toll free at 1-800-318-LAW1.

Workplace Explosion

OSHA Cites Paper Company For Numerous Safety Violations After Worker’s Death

Newman and Co., a Philadelphia-based paper manufacturing company, was recently cited by the Occupational Safety and Health Administration (OSHA) for numerous safety and health violations in the workplace which resulted in the death of one of the company’s employees.

The individual was crushed to death in June 2010 during paper hopper loading operations. What resulted was a number of citations for “39 serious and 4 other-than-serious violations” according to the website workerscompensation.com.

Newman and Co. is now facing over $86,000 in fines, according to the article, as a result of violations which included:

• Blocked fire exits;
• Electrical hazards;
• Failure to remove hazardous objects from the aisles;
• Inadequate machine guards;
• Inadequate protection (lockout/tagout) against hazardous energy sources;
• Ineffective pest control.

The Occupational Safety and Health Act of 1970 was passed into law to ensure employers were responsible for the safety and health of their employees in the workplace. OSHA enforces these standards in order to ensure the safety and health of U.S. employees in all types of industries. Additionally, OSHA also provides assistance, educational materials, and training to ensure that these policies are strictly followed in the workplace.

All persons injured at work should immediately seek a consult with an experienced attorney. For over 40 years, Munley, Munley & Cartwright has represented thousands of workers injured in the workplace. We would be happy to offer a free consultation with absolutely no obligation. Please contact us today for a free consultation or call us toll free at 1-800-318-LAW1.

$16 Million Awarded in Industrial Accident Settlement

The Philadelphia Daily News reports the owner of a landfill and Caterpillar Inc. have agreed in Philadelphia Common Pleas Court to pay one of the largest settlements in Pennsylvania history for a single-victim personal injury case.

The companies have agreed to pay $16.25 million to a man whose legs were crushed by a bulldozer three years ago.

On May 1, 2006, the man was working his fifth day on the job as a truck spotter at the Chrin Sanitary Landfill, when a massive track loader backed around a pile of garbage and ran him over, crushing his legs.

He developed serious infections due to the garbage that had been crushed into his wounds. His right leg, part of his right hip, and most of his left leg had to be removed.

The lawsuit claimed the owners of the landfill had not trained the victim sufficiently and the Caterpillar didn’t have adequate rear vision.

The Munley, Munley, & Cartwright firm has years of experience in handling personal injury claims. Our goal is to provide exceptional legal services to our clients. If you or a loved one has been injured as a result of negligence of another, call our office at 1-800-318-LAW for a free evaluation of your case.

Caterpillar Personal Injury Settlement

$1.3 Million Awarded In Workplace Injury

A Little Rock, Arkansas jury has awarded $1.3 million to a woman after an accident in which three of her fingers and her thumb were severed on July 28, 2004, reports Arkansas Business.

The woman, an employee of Tyson Foods, was cleaning a Johnson Neckbreaker V-T which is designed to break the necks of up to 6,000 birds an hour when the machine grabbed her jacket, resulting in the injuries.

The lawsuit claimed the machine is made by Johnson Food Equipment Inc. of Kansas City, Kansas, was defective and not reasonably safe because it didn’t include a guard or emergency shut-off buttons.

Johnson answered that the woman shouldn’t have been so close to the machine and that Tyson should have trained her better. Johnson Food Equipment Inc. now does business as Baader Food Processing Machinery.

Tyson Foods was not named because her claim went to Arkansas Workers’ Compensation Commission.

The Pennsylvania law firm of Munley, Munley, & Cartwright has years of experience in handling PA workplace injury claims. Our goal is to provide exceptional legal services to our clients. If you or a loved one has been injured as a result of dangerous equipment, call our office at 1-800-318-LAW or use our online form for a free evaluation of your case.

Hand Injury at Tyson Plant

Ex-Railroad Worker Awarded $48 Million For On-The-Job Injuries

A former Union Pacific railroad signalman in California has been awarded $48 million for awork-related car accident that rendered him quadriplegic.

A Superior Court judge last week approved a jury award for Eric Doi. He was injured in 2007 while on assignment in Tucson, Ariz. He was severely injured when the driver of a company truck lost control and rolled the vehicle down an embankment and into oncoming traffic.

At Munley, Munley & Cartwright, we handle Pennsylvania work-related accidents as well as those involving public transportation such as trains. In fact, we have a Website devoted to public transportation accidents in Pennysylvania.

Contact us for legal help with your work-related injury or public transportation accident claim.

Railroad Worker Award

The Limbo Stage- 21 Days to Accept or Deny

Once you have given notice of your injury to your employer, their insurance carrier has 21 days under the Workers’ Compensation Act to either accept or deny your claim for benefits. During this period of time, you are basically in limbo.

To accept the claim, the insurance carrier needs to file either one of two notices with the Bureau in Harrisburg. The first notice is a notice of temporary compensation payable. As the name implies, this notice temporarily accepts the claim for a period of 90 days to give the insurance carrier additional time to investigate your claim before making its final determination.

Prior to the end of the 90-day period, if the insurance carrier wishes to deny your benefits, they are required to file notice stopping temporary compensation. If the insurance carrier does not file the notice stopping the temporary benefits in the allotted time, the temporary notice will be automatically converted to a notice of compensation payable.

To accept the claim with no future investigation, the insurance carrier is required to file a notice of compensation payable. Both of these documents must list the accepted injury and also provide you with the name, address, telephone number and claim number from the insurance carrier.

It is also important to keep these documents in a safe and convenient place. These documents are the official documents accepting your claim for benefits.

To deny the claim, the insurance carrier needs to file a notice of denial with Harrisburg. On this notice they are required to list their reason for the denial by checking one or more of five general reasons or completing number 6 including their own written reason.If you receive a notice of denial and want to pursue a claim for your injury, at that point you will need an experienced workers compensation attorney to file a claim petition on your behalf and start the litigation process.

Panel Physicians and Workers Comp

So you got hurt at work and need to see a company doctor. Now what?

After you have given notice of your injury, your employer may require you to treat with one of their “panel physicians” through their insurance carrier. If your employer has a list of panel physicians or “company doctors,” you will be required to treat with one of the doctors on the list for the first 90 days of your injury.

Under the Workers’ Compensation Act, your employer is required to advise you of their list of panel physicians at the time of your hire and also at the time of your injury. They are also required to have you sign an acknowledgement that you are aware this policy and provide you with the list upon your injury.

If for some reason you do not like the doctor that you have chosen, you may switch doctors as long as you then chose another physician from the list. You are bound to treat with the doctor initially chosen but must treat with a doctor from the list provided by your employer.

If your employer does not have a list of panel physicians, then you may treat for your injury with any doctor of your choice. In this case, ask your doctor to recommend a physician that specializes in your type of injury. Doctors do know which doctors are good in their field, just like your mechanic often knows a good auto body technician.

Remember, your medical treatment is between you and your doctor. Do not let the insurance carrier dictate the type of treatment that you receive. We do not allow the insurance carrier to assign a “case nurse” or “case specialist” to dictate our clients treatment. The insurance carrier will be aware of your course of treatment. In order for the medical provider to be paid, they must submit their medical notes with their billing information to the insurance carrier. There is no reason for a case nurse to contact your physician.