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.

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.