Des Moines Personal Injury Lawyer - construction

Texas A&M construction site at Zarzamora St. and Loop 410 Ditch Collapse

Steve Lombardi — Mon, 16 Nov 2009 23:01:00 GMT

A 45-year-old construction worker was in a construction site ditch while co-workers were removing a tree. As they pulled the tree out the ditch collapsed trapping the man in the ditch and burying him alive. Which leads to the question, why was the one worker in the unsupported ditch as the tree was pulled out of the ditch wall?

It’s basic safety when doing tunnel or ditch work on a construction site to support the walls. Another question is why weren’t they using a trench box? Look at the linked articles below. Here is one on point: Construction Site Safety - A trench box would have saved the Georgian tunnel worker. And after you read the article, this being a Texas case, call an attorney to assist you with your claim; assuming Texas still allows workers any rights.

Video Library | Lombardi Law Firm

Newton, Iowa Construction Site Wall Collapse Injures Three Workers · Illinois Highway ...... Food Safety: Georgia Peanut Butter Paste and food poisoning ...
www.lombardilaw.com/video/ - Cached –

Peosta, Iowa trench collapse is why construction workers need to ...

Jun 30, 2009 ... Bartow County, Georgia – The construction site in Bartow County off I-75 exit 296 experienced a trench collapse; then a worker fell 20 feet ...
www.lombardilaw.com/.../peosta-iowa-trench-collapse-is-why-construction-workers-need-to-protect-themselves.cfm - Cached -

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Bartow County, Georgia – The construction site in Bartow County off I-75 exit 296 experienced a trench collapse; then a worker fell 20 feet and was buried. ...
www.lombardilaw.com/blog/?catid=857 - Cached –

Construction Site Safety - A trench box would have saved the ...

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Peosta, Iowa trench collapse (Zimmerman) is why construction workers need to protect ..... Food Safety: Georgia Peanut Butter Paste and food poisoning ...
www.lombardilaw.com/blog/?keywordid=13271 –

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Peosta, Iowa trench collapse (Zimmerman) is why construction workers need to ... VA Hospital and Augusta, Georgia may be exposed to HIV and Hepatitis ...
www.lombardilaw.com/blog/?keywordid=14643 –

Des Moines Accident Attorney and Iowa Worker's Comp Lawyer ...

Newton, Iowa Construction Site Wall Collapse Injures Three Workers · Illinois Highway ...... Food Safety: Georgia Peanut Butter Paste and food poisoning ...
www.lombardilaw.com/ - Cached –

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Oct 29, 2009 ... Newton, Iowa Construction Site Wall Collapse Injures Three Workers ..... Food Safety: Georgia Peanut Butter Paste and food poisoning ...
www.lombardilaw.com/blog/?keywordid=63673 - Cached –

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Newton, Iowa Construction Site Wall Collapse Injures Three Workers · Illinois Highway ...... Food Safety: Georgia Peanut Butter Paste and food poisoning ...
www.lombardilaw.com/bio/steve-lombardi.cfm - Cached -

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Newton, Iowa Construction Site Wall Collapse Injures Three Workers · Illinois Highway ..... Food Safety: Georgia Peanut Butter Paste and food poisoning ...
www.lombardilaw.com/practice_areas/ - Cached -

Originally posted at InjuryBoard by Steve Lombardi

Iowa Accidents - Cranes, bulldozers, cars, motorcycles, teens and tots.

Steve Lombardi — Wed, 11 Nov 2009 10:48:00 GMT

Linn County, Iowa - A crane collapsed at the construction site of the new federal courthouse in Cedar Rapids. There were 50 to 60 workers on the site. The crane was reported to be operated by workers from Dawes Rigging and Crane Rental from Wisconsin. The news report last night on Channel 5 indicated it fell because it was on uneven ground. That can’t be true nor should it matter. There are legs that if set properly allow a crane to be set up most any grade. Fact of the matter is it probably wasn’t set up right in the first place. Wish as you will for forgiveness but stupidity is a close relative of negligence. KWWL story. KCCI.

Remember the bulldozer that slipped off it’s jacks killing the operator?

Bulldozer slips off jacks and kills operator

...using a crane to life the bulldozer, however it was too late and Mr. O’Shaughnessy was pronounced dead at the scene. Workplace accidents happen every day and most are avoidable; could this accident have been avoided? Hopefully, if he's married she is covered under a workers' compensation policy of insurance. That should pay her a lifetime benef...

from *InjuryBoard Des Moines* | *Des Moines* Iowa Personal Injury Attorney - Nov 2, 2009 1:50 PM

Bulldozer slips off jacks and kills operator, widow's benefits at stake

...using a crane to life the bulldozer, however it was too late and Mr. O’Shaughnessy was pronounced dead at the scene. Workplace accidents happen every day and most are avoidable; could this accident have been avoided?Hopefully, if he's married she is covered under a workers' compensation policy of insurance. That should pay her a lifetime benefit...

from The Verdict Blawg - Nov 2, 2009 9:12 AM

Benton County, Iowa - KWWL reports on a two-vehicle car accident south of Garrison in Benton County. The news report is slim on facts. It’s reported to be at the location of 63rd Street and 19th Avenue. One person died, although we don’t know who.

Jefferson County, Iowa - In a single vehicle roll-over accident the driver died while three passengers were injured on U.S. Highway 34 east of Fairfield near Osage Avenue. The woman was from Indiana; Margarita Ortiz Romero (37) and her passengers were a 7-year-old Daniela Ortiz, Edgar (2) and Lucelia Caperon (42) were all taken to either the University of Iowa Hospitals and Clinics or the Jefferson County Hospital. The roll-over occurred around 9:30 at night.

Council Bluffs, Iowa – A resident of CB was killed his motorcycle is reported to have struck a Honda Civic. The reports are that Eric Jacobsen (29) was struck at around 6:45 p.m. when the Civic’s driver failed to yield at a stop sign and she attempted a left turn off of Old Railroad Highway onto 205th Street. The driver said she didn’t see the motorcycle coming. Well how long did you look before pulling out? Did you come to a complete stop? How hard did you look? “I didn’t see it coming.”, isn’t a good enough reason to excuse the driver of negligence. Plain and simply you have a duty to see what is clearly there. In this instance it cost the motorcycle driver his life.

Hardin County, Iowa – A 16-year-old boy driving on a country road southeast of Union lost control while rounding a curve killing the 17-year-old passenger. (Leo Barten) Another passenger Austin Smitheman, 16, was also injured. A driver has a duty to maintain control and to drive at a speed to be able to maintain control. If you’re at the wheel it’s your duty to drive under control.

Story County, Iowa – An intersection collision at 620th Avenue and 315th Street

occurred at around 6:40 p.m. between a pickup truck being driven by Jacob Thompson of Maxwell and a Mazda being driven by Jose Martinez-Alvarez of Marshalltown. A passenger in the Alvarez vehicle, Salvator Hernandez Yepez of Marshalltown was ejected and pronounce dead at the scene. There were several other passengers and all were taken to Mary Greely Medical Center in Ames. Intersection collisions are pretty common when it’s location is either uncontrolled or out in the county.

If we are in a recession I'm not seeing it. If you need help or have questions with your insurance claim call us at the Lombardi Law Firm, we've done this for 30 years.

Originally posted at InjuryBoard by Steve Lombardi

Bulldozer slips off jacks and kills operator

Steve Lombardi — Mon, 02 Nov 2009 14:04:00 GMT

What caused a bulldozer to slip off the jacks and kill 60 year old Patrick O’Shaughnessy? That will be the question his family is asking after an accident at a construction equipment company in Ossian in northeast Iowa on October 14^th 2009. His co-workers tried to save him by using a crane to life the bulldozer, however it was too late and Mr. O’Shaughnessy was pronounced dead at the scene. Workplace accidents happen every day and most are avoidable; could this accident have been avoided?

Hopefully, if he's married she is covered under a workers' compensation policy of insurance. That should pay her a lifetime benefit. She can commute the amount and should seek a consult with an attorney to determine her rights under Iowa's workers' compensation laws. What widows and widowers of workers killed while doing their jobs, need to know is that the workers' compensation carrier isn't your friend. You are in an adversarial relationship. That means they have no duty to advise. Heed the warning and see an attorney; we are happy to assist when asked.

We wish the family well.

Originally posted at InjuryBoard by Steve Lombardi

I-80 Oxford, Iowa interstate crash sends road crew to the hospital

Steve Lombardi — Tue, 20 Oct 2009 07:26:00 GMT

We don’t have much information this morning but it’s being reported by Radio Iowa and the Des Moines Register that a road construction crew on I-80 near Oxford, Iowa were injured with a semi-truck collided with one of the cement or concrete barriers in a construction zone. Oxford is about nine miles west of Coralville, Iowa. The collision occurred late yesterday morning. You have to wonder if the semi-truck driver was texting or talking on a cell phone.

http://www.youtube.com/watch?v=pPH5hJIv1XE

Originally posted at InjuryBoard by Steve Lombardi

Newton, Iowa Construction Site Wall Collapse Injures Three Workers

Steve Lombardi — Tue, 29 Sep 2009 14:42:00 GMT

Three construction workers were injured on a job site in Newton, Iowa as a wall collapsed and causing the scaffolding to do the same. KCCI news reporters watched a videotape taken by a security camera from across the street at Dave’s Wholesale. The security camera footage shows the collapse, to what degree isn’t known or disclosed. The men worked for Boucher Masonry Co. from Boone, Iowa. IOSH is investigating the incident.

Originally posted at InjuryBoard by Steve Lombardi

Truck Backing Causes Accidental Death of Illinois Highway Worker

Steve Lombardi — Fri, 18 Sep 2009 13:21:00 GMT

A highway construction worker was struck and killed in Morrison, Illinois. The worker was identified by the Quad City Times as Michael S. Holloway, 44 or Rock Falls, Illinois. The worker killed was working as the flagger. He was run over by a dump truck backing up. The dump truck driver is 75 years old.

This is a situation I’ve blogged on several times on The Verdict. Just today we posted on older drivers and how old is too old to be driving.

Hit and Run that kills Bicyclist spurs debate on the impact of age on driving privileges

In other posts I’ve talked about road construction worker safety and traffic risks.

The Verdict, Construction Site Accidents

Highway Workers are at risk of being killed while repairing the nations roads - be careful

And in other posts I’ve discussed backing-up accidents that kill workers and pedestrians.

Truck Accident Prevention: Garbage truck backing over woman may be an accident but it is preventable.

Construction Accidents - Backing up and rear warning devices.

Safety should never go on break.

http://www.youtube.com/watch?v=9cT8DV7Wt5Y

On the job site what is your back up plan?

http://www.youtube.com/watch?v=tPAcBwxcFCs

Originally posted at InjuryBoard by Steve Lombardi

Scaffolding Collapses in the news, how often does it happen?

Steve Lombardi — Thu, 18 Jun 2009 10:43:00 GMT

How common is a scaffolding collapse on a construction site?

Brooks Schuelke and Wayne Parsons posted about the June 10, 2009 21 Rio Condo scaffolding collapse in Austin, Texas and it seems really popular right now. Brooks being from this area finds this story pretty close to home.

Scaffold Collapse At Austin's 21 Rio Condo Project Demonstrates The Need For Fall Safety Systems, June 10, 2009

Austin, Texas Scaffold Collapse Results In Three Deaths At 21 Rio Condo Project Construction Site Wayne Parsons, June 11, 2009

Like Brooks, I find this subject interesting because we’ve seen it happen before and being mechanically and construction minded I have to wonder why. Here are some questions to ponder when reading about a construction site scaffolding collapse.

1. Are workers doing something wrong or are they being provided with bad scaffolding or is it the design of the scaffolding that is the problem allowing it to fail?

2. Of course it could be too much weight or as we are going to see below sometimes the crane operator drops the load onto the scaffolding.

Whatever the cause may be in Austin at the Rio 21 Project, as lawyers who constantly ask “why and how can we prevent it in the future” these construction accidents do interest us. I’ve posted about construction accidents before on The Verdict, but after reading about this Rio Condo collapse I got to wondering how many recent construction sites have had scaffolding collapse. So I looked by doing a quick search. Here is what I found.

June 10, 2009 – Austin, Texas – you have four men falling 120 feet to their death at the 21 Rio Condo Project. Read Brooks or Wayne’s articles. The AP also has a story.

January 14, 2008 – New York – Trump Soho, one fatality and at least one injured. A crane lost it’s load of concrete beams which fell and struck a loaded scaffolding.

WNBC reports that the fatality was caused when the worker fell 30 feet: "A crane dropped a piece of concrete onto the scaffolding, which collapsed after the impact." And here's a haunting photograph from of two construction helmets from workers who fell:

Februray 28, 2009 – Melbourne, Australia, Prahran scaffolding collapse, six levels of scaffolding collapses while most, but not all workers were at a coffee break.

“A 24-year-old man found by workmates hanging upside down with his legs trapped was the most seriously hurt after suffering neck, arm and leg injuries.

His 28-year-old male colleague fell four floors but survived with only a fractured finger and cuts and bruises while a 52-year-old man suffered chest injuries after managing to jump to safety as the scaffolding gave way.

Paul Holman from Ambulance Victoria said it was incredible that no one had been killed or seriously injured when the six levels of scaffolding crashed down on Commercial Road in Prahran, opposite the Prahran Market, just before 10am.

The scaffolding damaged about six parked cars and pulled down power lines and overhead tram lines, blocking traffic.”

April 3, 2006 – Boston, Massachusetts, A 20,000-pound construction platform collapsed and then crashed down 13 stories onto a busy downtown street Monday, killing three people and crushing cars stalled in midday traffic.

The collapse occurred in early afternoon in the downtown area on Boylston Street, situated at the south side of Boston Common.

“Witnesses said there was a terrifying rumble then crash of the platform lift system, which was set up atop a second building next to a 14-story building owned by Emerson College. The platform and scaffolding, which had been used to install a stone facade, were being dismantled around the 13th story when the collapse happened, said acting Fire Commissioner Kevin MacCurtain.”

December 7, 2007 – New York, NY - Two brothers working together as window-washers fell from the roof of a 45-story luxury apartment building on the Upper East Side of Manhattan. The scaffold they were standing on gave way. One brother was killed immediately, and the other was in critical condition.

“It appeared that the scaffold had not been properly secured to side of the building, the Solow Tower at 265 East 66th Street, said Seth Andrews, a Fire Department spokesman. Almost immediately after the brothers stepped onto the scaffold from the roof of the building, it gave way, he said. “

August 28, 2008 - San Diego, California – This is worse than most due in part to a crane operator noticing a problem an hour before anything occurred and then ignoring the situation.

Walkway and Scaffolding Collapse, Injuring 16 Pedestrians in Downtown San Diego

“Perhaps the most publicized of the lawsuits arising from the accident has been filed by the widow of Tyrone Allen, Tina Allen, who alleges a wrongful death lawsuit, due to the fact that a crane operator had noticed the initial buckling of the Scaffold nearly an hour before it’s collapse, and nothing was done to prevent it.

Just this afternoon, 16 pedestrians were injured and trapped as a walkway and scaffolding collapsed in downtown San Diego. Police said about 25 people were walking or loitering in the covered walkway when its wooden walls and roof suddenly crashed to the ground. A part of a scaffolding in a construction site next to the walkway also collapsed on the victims.

The injured passersby range in age from 16 to 64. Five of them are females and 11 are males. Three of them—a man aged 50 and two women aged 57 and 60—were critically injured and taken by medics to a trauma center. The other victims who suffered from moderate to minor injuries were taken to hospitals. “

Raw Video footage

http://www.truveo.com/Raw-Video-Scaffold-Collapse-In-San-Diego/id/62750871

http://cbs5.com/video/?id=38496@kpix.dayport.com

June 2, 2008 - New Jersey – One man was injured and two others killed as their safety harnesses did not work during a scaffolding collapse.

The scaffolding was hanging from a tank at the International-Matex Tank Terminal that the men, employees of West Virginia Paint and Tank Co., of Clifton, were painting.

See more in Accidents, Bayonne

January 28, 2009 - Chicago, Illinois - No one was hurt. The photograph is worth a look.

October 28, 2008 - Chicago, Illinois - Two construction workers were injured suffering "Massive Head injuries" from injuries suffered as scaffolding collapsed in the River North neighborhood. They were seven stories high. The scaffolding disconnected on one side causing it to fail. The firefighters had to borrow a crane from another construction site across the street to lift the collapsed scaffolding off of the men.

VIDEO TAPE FROM YOUTUBE –

SCAFFOLDING COLLAPSE ACCIDENTS ON CONSTRUCTION SITES

http://www.youtube.com/watch?v=xnCiV2GEbxw

http://www.youtube.com/watch?v=4HqiGKCUCkY

"Crews rescued three workers left hanging by ropes about 15 stories high at a downtown Indianapolis building after scaffolding collapsed. (Aug. 14) 2008"

January 20, 2009 -
Emergency crews were called to Blue Valley North High School after scaffolding collapsed Monday at about 5:30 p.m.

Kansas

http://www.youtube.com/watch?v=_0goGu0wZ4Q

June 02, 2009 - Three workers escaped after scaffolding collapsed eight stories up at 20th Street and Grand Avenue on Friday afternoon.

Three workers escaped after scaffolding collapsed eight stories up at 20th Street and Grand Avenue on Friday afternoon.

Three people died when scaffolding collapsed in West Campus.

http://www.youtube.com/watch?v=NxdMcc7fq9g

http://www.youtube.com/watch?v=yvR20J9bkVY

Whatever the case may be the GC is responsible for safety on the work site and all workers are responsible for paying attention to the rules. Short cuts can cut your life short.

Originally posted at InjuryBoard by Steve Lombardi

Workers' Compensation: Injuries up and payouts down - hmm, something doesn't sound right.

Megan Roth — Fri, 17 Apr 2009 13:45:00 GMT

Middle of the night and I’m wide-awake – go figure. I was just surfing the internet when, at random, an article popped up that grabbed my interest.

“Construction Up, Injuries Up but Workers’ Comp Payouts Down” couldn’t have appeared at a more fitting time, especially considering I just posted an introductory article to this topic on Thursday.

Basically, the article provides an example of a specific claim that was not eligible for workers’ compensation and continues on with an overview of Florida’s construction-related injuries and the drastically decreased rates at which they’ve actually compensated the injured parties.

Reading the article, I couldn’t help but wonder, “Is this just a Florida situation or does it occur across the board?”

Turns out this ordeal occurs frequently in Florida due to revisions (in 2003) to their state workers’ comp law. Unfortunately, however, this doesn’t mean it’s solely limited to Florida (far from it).

Workers’ compensation is offered to workers who are injured on the job as a means of preventing a lawsuit by said employee against employer. It’s almost always the employers’ responsibility to make sure such a policy, which is generally arranged through insurance companies, is in place. As with all insurance policies, the employer pays the premium and the insurance company is expected to evaluate and fork over the dough in the event that a claim occurs.

In reality, however, such policies generally aren’t so cut-and-dry. Workers’ comp claims are often questioned and investigated to extremes, which is easy for me to understand (considering the large amounts of money at risk).

What I fail to understand, however, is how cases involving employees who sustain injuries on the job are often bypassed completely; under workers’ comp laws, those employees are entitled to this monetary benefit. Yet, many don’t receive it (even those who do often receive only enough to make up for a small portion of work-time lost).

It’s important to know this is the only aspect of expenses workers’ comp is expected to cover – the worker should not expect to receive compensation for physical or emotional pain and suffering as the basis for such policies are to avoid suits seeking such coverage.

Yet, gone are the days when a worker can state: “In the event I am injured on the job, I will receive compensation for the time for which I am unable to work.”

Though such policies are in place, their implementation doesn’t seem to be. Thus, it’s sometimes necessary for an injured employee to seek outside legal representation in an attempt to claim the compensation to which they are entitled.

Depending on the circumstances, the plaintiff may actually be entitled to damages for pain and suffering (assuming they are able to prove negligence on the part of a third party).

Regardless of how such cases are determined, they never paint a pretty picture of the insurance company, the employer or the policy itself. However, when it comes right down to it it’s a dog-eat-dog world and sometimes it’s necessary to fight for that which you’re entitled.

Originally posted at InjuryBoard by Megan Roth

Construction Injuries: Let the process begin

Megan Roth — Thu, 16 Apr 2009 15:28:00 GMT

It’s somewhat ironic how the economy is crumbling around us and buildings continue to go up (each one higher than the next, it seems).

It’s true – the construction industry has exploded and, though it has experienced some cuts in result of economic woes, it’s currently one of the top job providers in the U.S. Yet, as fortunate as this is, it also has its downfalls – number one being the fact that, as the industry develops, so does the list of lawsuits related to it.

Construction is an inherently risky business and is actually one of the three most dangerous occupations in the U.S. (as well as the fifth highest industry for workers’ compensation claims). Regardless of how ‘safe’ a site is, the risk for accidents are always there (thus putting workers at increased risks for injury).

In fact, according to OSHA, over 1000 construction workers will die (and many more will be incapacitated from work-related incidents that could and should have been avoided).

“It’s a matter of training, knowing and doing…of supervision being provided with the proper tools to do the job,” a New York attorney stated.

Yet, many preventable accidents will occur and have long-term consequences (both physically and financially) on the injured parties; in addition to the extensive injuries that can be incurred, some will suffer permanent work loss, which can be detrimental to both your and your family’s well-being.

And though injuries occurring on a construction site often qualify parties for workers’ compensation, the monetary award generally doesn’t cover the entire cost of the accident (as the financial burdens are often quite high and can actually exceed the amount allotted in a workers’ comp claim).

What’s worse? Such cases often take weeks, months – even years – to get started. Simply preparing the claim is quite time-consuming and, even once that’s completed, legal staff for both parties will have to analyze the claim before negotiations begin.

Your lawyer will deal with all the legal issues, of course; however, you (the victim) must keep yourself afloat financially while he/she works through the logistics.

If you are unable to work (as advised by a doctor), you should be entitled to some form of temporary total disability benefits (there are laws and provisions governing what amount this will be). From there, your disability coverage and long-term benefits will be determined by the legal parties and governing agent involved.

Even when it seems blatantly obvious the construction company is liable, their representation may attempt to defend such claims, making trials lengthy and drawn-out; thus, it’s often necessary to reach a presettlement agreement before the case even begins. After all, this may be your only option for even short-term financial survival (as medical care, loss of work and prescription drugs combined can build huge piles of debt in just a few days).

Originally posted at InjuryBoard by Megan Roth

Construction Site Safety: DOB Report Cites Misuse of Slings and Rigging as having Caused Collapse

Steve Lombardi — Tue, 17 Mar 2009 14:08:00 GMT

The March 2008 East Side tower crane collapse that killed seven people was caused by a misuse of the sling and other errors of rigging, by the City of New York’s Buildings Commissioner. The City report has 41 recommendations. The building permit remains revoked. This construction project is to build a 43-story apartment tower. The collapse damaged several surrounding buildings along with killing the 7 people. Follow the link to read the entire story. The DOB’s press release is quite detailed and fully explains the Commissioner’s findings. The full report is 339 pages (20.5 MB) and can be obtained online. See 51^st Street Crane Investigation.

“Based on this comprehensive review, the investigation concluded the collapse was caused by a number of critical errors, including:

Four synthetic slings were used instead of the required eight chain blocks specified by the manufacturer to support the 11,279-pound steel collar;

One of the slings used to support the collar had prior physical damage;

Slings were not attached at the collar points specified by the manufacturer;

Slings were attached to the mast in a way that compromised their capacity; and

Padding for the slings at the mast’s sharp edges was not provided.

Arup’s investigation concluded that the tower crane installation design met industry standards and was not a cause of the crane collapse. In addition, Arup found that the DOB crane inspection and permitting protocols would not have identified the rigging errors that caused the collapse.”

The accident has resulted in the district attorney’s office filing charges against the crane rigger and the company. Those charges include manslaughter, criminally negligent homicide, assault and reckless endangerment.

“In recent weeks, DOB inspectors performed inspections of all tower cranes undergoing jumps. The inspectors found that all 18 were in compliance with new crane safety laws enacted since the March ’08 collapse, according to a release.”

This crane had the height extended. Specifically the DOB found the failure of a synthetic webbing that had previously been damaged, which is stated to have allowed the collar to fall.

"The collapse of the tower was initiated when the polyester web slings supporting a steel collar at the 18th floor level failed, allowing the collar to fall," according to the DOB report.

Originally posted at InjuryBoard by Steve Lombardi