Posts Tagged "California Workers Compensation"

California Third Party Work Injury Lawyer: A Case Study – Workplace Explosion

Posted by admin on May 23, 2010 in Articles | 0 comments

It is important that seriously injured workers and their families understand how California work injury law operates. In order to illustrate California worker injury law the following is a workplace case study for a fire and explosion work place accident in California. The discussion includes a California workers compensation analysis and a California third party work injury liability analysis.

A Case Study – Explosion and Fire – - Death and Serious Burn Injuries

Loony Demolition, Inc. installs, removes and junks gasoline pumps and underground tanks. A Loony Demolition, Inc. worker was using a portable power saw to cut a storage tank that had been used for underground storage at a gas station. The company failed to adequately purge the tank and test for vapors before beginning to cut and an explosion ensued, killing the employee and seriously injuring three others.

The three injured workers in the explosion worked for a different company, Joe’s Paving. They all suffered full thickness burns and had to be resuscitated at the local Burn Unit. On a daily basis they endured a horribly painful burn treatment called debridement. Debridement is the process of surgically removing dead tissue around a burn. Living Hell is a much more telling and accurate description. They were discharged from the hospital with amputation, scarring, disfigurement and indescribable pain. All three workers were unable to return back to work due to their injuries.

Investigation:

An investigation into the Loony Demolition, Inc. incident revealed:

1. Failed to test the atmosphere in tank prior to work or cutting.
2. Failed to establish guidelines for gas-freeing.
3. Failed follow the recommended procedures set forth in American Petroleum Institute (API) Bulletin 1604, “Recommended Practice for Abandonment or Removal of Used Underground Service Station Tanks”.
4. Failed to train employees to recognize and then avoid unsafe conditions while working with tanks which have previously contained flammable liquids. This is in violation of 29 CFR 1926.21(b)(2) and the California equivalent.

Workers Compensation Analysis:

The Loony Demolition, Inc. employee whom died had a wife and two children. Under the California workers compensation system they were entitled to receive Death Benefits. The family received less than $290,000, an extremely unjust and unfair amount in the face of the devastation of losing a husband and father.

The Joe’s Paving employees were also entitled to benefits under the California workers compensation system. However, California Workers’ Compensation benefits are low and they are in a continual battle with the workers compensation carrier over appropriate medical treatment. After almost two years of enduring the unfair California workers’ compensation system these workers and their families were barely making ends meet.

Third Party Work Injury Analysis:

The family of the Loony Demolition, Inc. employee whom died has no third party defendant to sue. The family is only entitled to California workers compensation death benefits.

The employees of Joe’s Paving have a strong liability case against Loony Demolition, Inc. Loony Demolition, Inc. was clearly responsible for the explosion and fire. In this case, Loony Demolition, Inc. is termed a “third-party.” The three injured workers from Joe’s Paving bring a third party work injury lawsuit against Loony Demolition, Inc.

The workplace explosion was caused by the failure of the third party, Loony Demolition, Inc., to test the tank prior to cutting, this breached established guidelines for gas-freeing. Including, API procedures, OSHA requirements and longstanding custom and practice in the industry. These horribly injured employees recover many millions of dollars for their injuries.

However, money is not the true issue. The money can never replace what these catastrophically injured workers have lost. No matter what the sum. The pain and despair are unbearable.

Disclaimer

The foregoing is a case study. Any resemblance to actual events, persons or companies is purely coincidental. It is not legal advice. It is simplistic in order to achieve clarity. Each case is different and has separate challenges, difficulties and/or nuances. There is no guarantee that your case will have a similar result as discussed in this case study.

Want to Live an Extra 10 Years?

California Work Injury Attorney: A Case Study Analysis – - A Scaffold Accident

Posted by admin on May 17, 2010 in Articles | 0 comments

Seriously injured workers in California and their families need to understand California work injury law. In order to illustrate these points here is a workplace scaffold accident case study. The discussion includes a California workers compensation analysis and a California third party work injury liability analysis.

A Case Study – Scaffold Collapse Accident

Dizzy Scaffold, Inc. erected scaffolding so that work could be performed on an industrial tank. The scaffolding that was erected was a two-point suspension scaffold 15 – 25 feet above the ground. Employees of Coast and Turf Painting Co. were working on the scaffold when the scaffold attachment point failed, releasing the scaffold cables. The scaffold was not equipped with an independent attachment system and fell to the ground. Causing two painters to be severely injured.

One of the painters was not tied off independently, as a result he fell to the ground below suffering severe injuries, including brain damage, hip replacement, and multiple broken bones. The painter that was tied off suffered a severe elbow injury when his arm was caught in a cable.

Investigation:

An investigation of the scaffolding revealed:

1. Dizzy Scaffold, Inc. did not use scaffold tie backs as secondary anchorage on two-point suspension scaffolds. This is in violation of 29 CFR 1926.451(i)(4) and the equivalent CAL-OSHA section. 2. There were no employee lifelines to substantial members of the structure. Instead the lifelines were to the scaffold. This is in violation of 29 CFR 1926.451(i)(8) and the equivalent CAL-OSHA section. 3. They failed to use scaffold attachment components capable of sustaining four times the maximum load. This is in violation of 29 CFR 1926.451(i) (2) and the CAL-OSHA equivalent section.

California Workers Compensation Analysis:

The Coast and Turf Painting Co. employees were entitled to benefits under the California workers compensation system. The benefits were low – California has some of the lowest workers compensation benefits in America. And the workers were in a constant battle with the California workers compensation carrier over medical treatment. The workers compensation carrier continually used the Utilization Review Procedure to cut-off the workers medical treatment. Both workers and their families were further traumatized by California’s unfair workers’ compensation system.

After a couple of years enduring the unfair California workers’ compensation system these workers and their families were barely making ends meet.

California Work Injury Lawsuit (Third Party Work Injury) Analysis:

The employees of Coast and Turf Painting Co. had a strong liability case against Dizzy Scaffold, Inc. The scaffolding structure was erected negligently and carelessly. The accident was caused by Dizzy Scaffold, Inc.’s failure to use scaffold tie backs as a secondary anchorage. They cut-corners by not rigging employee lifelines to substantial members of the structure.

Both workers were able to settle their third party work injury cases against Dizzy Scaffold, Inc. and they were able to keep their life-time medical the California Workers Compensation Insurance carrier. The painter with the brain injury recovered seven figures and the painter with the elbow injury received a high six figure recovery. The only way these workers and their families survived economically was because they were able to successfully prosecute third party work injury lawsuits.

Disclaimer

The foregoing is a case study. It is not legal advice. Any resemblance to actual events, persons or companies is purely coincidental. I am simplistic in order to achieve clarity. Each case is different and has separate challenges, difficulties and/or nuances. There is no guarantee that your case will have a similar result as discussed in this case study.

Want to Live an Extra 10 Years?

Third Party Work Injuries: A Primer For Seriously Injured Workers In California

Posted by admin on May 11, 2010 in Articles | 0 comments

California workers compensation benefits are some of the lowest injured worker benefits in the United States. If you or a family member are seriously injured on the job in California, your only chance to receive fair and just compensation for your work injuries is successfully bringing a Third Party Work Injury Lawsuit.

1. The First Rule for California Workers With Serious Work Injuries.

The first thing you – the injured worker – must realize is the general rule: if you are seriously injured at work you are in for an uphill battle. Trite, but true. If you are a seriously injured worker in California you may either lose almost everything you worked your whole life to obtain, or come close to it.

You need to hear the truth. So here is some really harsh truth.

If you are seriously injured or had a family member that was killed at work in California, you are in for a nightmare. I’d like to tell you different, but I can’t. At least this is the case for many, if not most, seriously injured California workers. California has some of the lowest, most unfair workers compensation benefits in the United States.

Here is what you can expect if you are a seriously injured worker in California:

- Low temporary total disability benefits (commonly called “workers comp checks”). – Consistently late workers comp checks. – A constant struggle to receive basic medical treatment. – A Utilization Review procedure quagmire that provides legal cover for the California workers compensation insurance carrier, allowing them to get away with not providing vital medical treatment and leaving you out in the cold. – Being sent to a “company doctor” that finds every worker “fit for duty.” – Having your workers comp check cut-off for no apparent reason. – A “Paperless System” that requires twice the paper work than with the old paper system. – A system that places “procedure” over “justice” with “justice” not even coming in a close second. – Ridiculously low permanent disability awards. (So low that many workers receive less than $10,000 even though they are so badly injured they can’t return to work at any type of job they have ever held before).

2. The Second Rule for California Workers with Serious Work Injuries:

A third party work injury lawsuit is the only way you can receive fair compensation for your serious work injuries.

You and your family can weather and survive economically and most importantly, as a unit, if you are able to bring a successful third party case. In most cases, a third party lawsuit is the only way you are going to receive fair compensation for your injuries. Because you aren’t going to get anything close to fair from your California workers compensation case.

3. The Third Rule for California Workers with Serious Work Injuries:

You have to have the program to your law suit. Without out it all may be lost.

You can’t tell the parties to a lawsuit without a program. If someone is injured while working, they are termed the “first party”. The employer is the “second party.”

The general rule is that an injured employee cannot bring a civil lawsuit against their employer for injuries occurring while they are in the course and scope of their employment. Instead, worker’s compensation benefits are the employee’s exclusive remedy against the employer. (There are some limited exceptions to this rule and these are called “Second Party” cases. For example if your employer intentionally injures you).

If someone else is legally responsible for your injuries, then you – the injured worker – can pursue civil remedies against this other person and/or entity. Any person/entity other than the employer that is legally responsible for your injuries is termed a third-party. Generally, a workers’ compensation recovery does not preclude a civil suit by you against negligent third-party. An employee’s civil lawsuit against persons/entities other than the employer is called a “third-party case” or a “third party work injury case.”

First Party – - You /Injured Worker

Second Party – - Your Employer

Third Party – -Any person/entity (other than the employer) who is legally responsible for your/the injured worker’s injuries.

4. The Fourth Rule for California Workers with Serious Work Injuries:

You need a lawyer that specializes in third party work injury cases.

A word to the wise, when you or a loved one is seriously injured at work you it is important to find a lawyer that specializes in Third Party Work Injuries. This isn’t a workers compensation lawyer. If your only lawyer is a California workers compensation lawyer, then you and your family are going to be a victim of California’s unfair workers compensation system. Remember, your only hope for fairness is investigating and bringing a Third Party Civil Lawsuit. There are very, very few good Third Party Work Injury Lawyers in California. The more seriously injured you are; the more you need the best Third Party Work Injury Attorney in California.

Want to Live an Extra 10 Years?