Seattle Personal Injury Lawyer - Workplace Injuries - Most Commented

Maintenance and Cure

Mike Myers — Fri, 29 Jul 2011 17:56:14 GMT

Ninety nine percent of fisherman and seafood processors don't receive workers compensation. Instead they receive maintenance and cure.

Maintenance is meant to cover living expenses that the sick or injured worker would have received aboard the vessel. It's calculated on a per diem basis and paid until the injured or sick worker reaches maximum medical improvement.

Cure relates to the employer's obligation to pay for the sick or injured worker's medical expenses. It includes all nursing, medicines, doctor and hospitalization related to the illness.

The injured worker's right to maintenance and cure does not depend on proving that the vessel owner was negligent or that the vessel was unseaworthy. Maintenance and cure should be provided until the worker reaches maximum medical improvement from his illness or injury.

Employers have a strong incentive to pay maintenance and cure until the injured worker returns to maximum medical improvement. Refusal to make those payments subjects the employer to liability for punitive damages under Atlantic Sounding Company v. Townsend (holding that a ship owner who willfully or wantonly refuses to provide medical care to a seaman who was injured while in the service of the vessel could be subjected to punitive damages).

If you have questions about maintenance and cure please let me know. I'd be happy to answer them.

Originally posted at InjuryBoard by Mike Myers

Workplace Injuries - Who Comes Under Fire?

Mike Myers — Mon, 25 Jul 2011 13:22:09 GMT

The Seattle Times ran a story about a construction worker injured at the Boeing Everett plant.

A man working on a construction project at the Boeing Everett plant was seriously injured in an accident Friday and taken to Harborview Medical Center in Seattle.

The man worked for Penhall, a concrete-cutting subcontractor to the main contractor Schuchart.

Schuchart Vice President Bob Gregorini said both Schuchart and Boeing are investigating the cause of the accident.

Typically injured workers are limited to workers compensation remedies. They cannot sue their employers (even if their employers are negligent). However, injured workers can collect workers compensation benefits and file suit if they were injured by the negligence of third parties. (Third parties are people other than fellow employees or their employers.) There is a big difference between benefits under workers compensation and damages in a personal injury case - the remedies in a personal injury case are much more generous.

One of the most common situations where this happens is at construction sites. General contractors have a duty to provide a safe worksite and can be sued by the employees of subcontractors. The injured concrete cutting employee has a potential claim against the general contractor Schuchart. He may also have a claim against Boeing if it was acting like a general contractor and controlling the way the work was performed.

In order for the injured worker to pursue his personal injury claim he needs to make what is called a "third-party election" with the Department of Labor and Industries.

Originally posted at InjuryBoard by Mike Myers

Workers Compensation Benefits a Small Piece of the Pie

Michael Myers — Fri, 26 Feb 2010 18:17:08 GMT

After an on the job injury the first benefits a persons typically receives are through workers compensation. But those benefits typically aren't "full compensation". An example is provided by a recent story about an injured worker:

A construction worker injured Monday morning in an industrial accident at Naval Base Kitsap-Bremerton is in serious condition at Harborview Medical Center in Seattle.

The 48-year-old Enumclaw man was working for subcontractor American Civil Constructors of Lakewood, Colo., on a new aircraft carrier maintenance pier, according to a news release from Naval Facilities Engineering Command Northwest. He was hit by a spreader beam that was being lowered by a barge crane.

Washington's workers compensation laws keep workers from being able to sue employers (or fellow employees) for injuries at work. However, employers of a subcontractor can make personal injury claims against (1) employees of other subcontractors and (2) the general contractor for failure to maintain a safe jobsite. In this case the injured worker--in addition to being entitled to workers compensation benefits--may also have claims against the crane operator and his employer (whether another subcontractor or the general contractor).

These claims are independent of each other and can be pursued contemporaneously. While workers can receive medical treatment and recover a portion of their lost wages through workers compensation (administered by the Department of Labor and Industries), the remedies are really pretty inadequate compared to the potential recovery associated with a personal injury claim where they could recover for their pain, loss of enjoyment of life, etc. as it applies to them.

Do you think that workers compensation benefits should be broader? Should they include the same categories as damages in a personal injury lawsuit? Should the Department of Labor and Industries make payments for pain and suffering?

Originally posted at InjuryBoard by Michael Myers

Death at Rainier Vista Construction Site Underscores Risks

Michael Myers — Wed, 17 Sep 2008 14:36:00 GMT

Earlier this month a construction worker, Steven Dale Slee, was injured while working in a trench at a Rainier Vista construction project.

Seattle firefighters took Slee to Harborview Medical Center after 7,000 pounds of compacted dirt fell on him at a work site located at 33rd Avenue South and South Oregon Street in south Seattle.

The dirt fell from the side of the trench after a slab of compacted fill broke, the Seattle Fire Department reported. Rescuers used an airbag and ladders to reach Slee. A second construction worker, a man, was able to escape from the trench. He suffered non-life threatening injuries.

This horrible accident underscores and highlights the dangers associated with work at a construction site. These dangers are the precise reason that Washington law imposes such a strenuous burden on general contractors to maintain a safe job site. This duty cannot be delegated to subcontractors.

In serious injury and fatality accidents like this the Department of Labor and Industries investigates the accident. The investigation and its findings are often useful in later preparing and prosecuting either a personal injury or wrongful death claim.

Originally posted at InjuryBoard by Michael Myers

Injured Workers and Third-Party Elections

Michael Myers — Tue, 16 Sep 2008 11:21:34 GMT

I read a story in the Seattle Times this morning. It reported that a man was burned and other injured when equipment made contact with a high-voltage power line.

The two men were painting a commercial building from a lift bucket in the 17100 block of West Valley Highway when some equipment hanging from the lift bucket came into contact with the 115,000-volt power line, causing a "bit of an explosion and fire," Grisham said.

Workers compensation provides benefits to injured workers no matter who caused them. But workers compensation benefits are not the only remedy available. If the accident or injury was caused by a third-party (that is, someone other than an employer or co-worker) the injured worker has a claim just like he or she would if the accident happened outside work hours.

However, to pursue this claim the worker has to sign a "third-party election" (provided by the Department of Labor and Industries). If the Election isn't signed, the injured worker's claim devolves to the Department. And the Department is usually interested only in recovering the medical and lost wage benefits paid to the worker (as opposed to also recovering the general damages (pain and suffering, etc.) that rightfully belong to the injured worker.

Originally posted at InjuryBoard by Michael Myers

Jobsite Injuries--Don't Overlook the Third Party Claim

Michael Myers — Mon, 14 Jan 2008 17:25:52 GMT

You get hurt at work. You file a workers compensation claim. But that shouldn't be the end of the story. Workers compensations claims yield significantly less money for injured workers than third-party personal injury claims. A good example appeared in the paper recently.

Rolondo Dudley, 32, suffered a compound fracture on his right leg during a construction accident this past Friday. Dudley was lowered 10 floors by a crane to the Seattle Fire Department medics who waited below. The accident occurred on the construction site of Mirabella, along Fairview Avenue, between Denny Way and John Street.

Workers compensation is not going to pay for the injured worker's pain, suffering and loss of enjoyment of life. And it will only pay for a portion of his lost wages. If he was injured by someone other than an employee from his own company, he can bring a third party claim against the person who dropped materials on him, the employer of the at-fault employee and likely the general contractor.

For more information on this subject, please refer to the section on Workers Compensation.

Originally posted at InjuryBoard by Michael Myers

General Contractor Could Be At-Fault In Worker's Fatal Fall from Crane

Michael Myers — Wed, 07 Nov 2007 10:47:38 GMT

A construction worker died on Monday after falling 60 feet from a tower crane in Belltown. While working on condominiums located on Third Avenue and Battery Street the worker, a man in his 40s, slipped and fell while climbing a ladder to the crane's cab. After landing on concrete below, the worker was taken to Harborview Medical Center, where he later died.

The Department of Labor and Industries is investigating whether safely regulations were followed at the workplace.

A lot has been written lately about cranes collapsing and injuring bystanders. We need to remember that there are separate regulations that apply to protect crane operators. If the crane operator worked for a subcontractor his family may well have claims against the general contractor (and even the project owner if it exercised supervisory authority) for failing to maintain a safe workplace.

For more information on this subject, please refer to the section on Worksite Injury and Workers Compensation.

Originally posted at InjuryBoard by Michael Myers

Construction Workers Injured on the Job Can Bring Suit for Unsafe Jobsites

Michael Myers — Mon, 05 Nov 2007 08:16:25 GMT

A Seattle construction worker was injured on the job early Wednesday. The worker, a man in 20s, was about 50 feet down in a hole when he was hit with an air hose. The air hose hit the worker hard enough to cause cuts and bruising to his abdominal area.

The injured man was rescued by firefighters who lowered a stretcher in to the hole and then used a crane to lift the man out. He was then transported to Harborview Medical Center.

In the state of Washington employees cannot--under most circumstances--bring suit directly against their employers. However, when there is a construction accident the injured employee of a subcontractor can bring suit against the general contractor for not maintaining a safe jobsite. This remedy is in addition to workers compensation benefits (not in substitution for those benefits).

For more information on this subject, please refer to the section on Worksite Injuries and Workers Compensation.

Originally posted at InjuryBoard by Michael Myers

Construction Related Injuries Increasing

Michael Myers — Mon, 22 Oct 2007 09:57:09 GMT

A 21-year old man from Bellevue was hit and killed by a dump truck Friday. The Bellevue man was attempting to cross Northeast 36th Street at the same time that the dump truck was turning onto Northeast 36th Street. At this time the police do not believe that the driver was at fault in this accident.

With all the construction going on around Seattle injuries to both construction workers and even people not involved in the industry are increasing. It's important in any situation where someone is injured at or around a construction site to not only analyze the conduct of the person causing the injury but also the contractual relationship between the general and various sub-contractors at the project.

For more information on this subject, please refer to the section on Worksite Injuries and Workers Compensation.

Originally posted at InjuryBoard by Michael Myers

Construction Accident Kills Tenino Man

Mark McLean — Thu, 23 Aug 2007 15:53:53 GMT

A 28 year old Tenino man died last week when he slipped at an Olympia construction site, hit his head on a backhoe and fell 15 feet into a ditch. The construction site was operated by Olson Brothers Excavating, Inc. This was the second construction-related death in a week in Thurston County.

Washington's Industrial Insurance Act allows for fault-free "worker's compensation" benefits to injured workers. Benefits are also given to the family of a worker who is killed on the job. The only catch is that an injured worker can't sue his employer. However, if someone other than the worker's employer caused the accident, then the worker (or his family) is entitled to bring a "third-party" lawsuit against the at-fault party. This would be the case, for example, if the worker was an independent contractor, if he was employed by a sub-contractor at the site, or if a different third-party caused the accident.

For more information on this subject matter, please refer to the section on Worksite Injuries.

Originally posted at InjuryBoard by Mark McLean