Seattle Personal Injury Lawyer - Workplace Injuries - Most Popular

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

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

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

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

Abuses Reported at Alan Ritchey Plant

Michael Myers — Mon, 05 Jun 2006 17:18:44 GMT

The Seattle PI ran an interesting story about the Alan Ritchey plant in Auburn, Washington. The story appears at the following link: Playing By The Rules Brings Trouble.

Alan Ritchey is a fascinating company. In addition to running an MTESC center in Auburn, it engages in a number of other businesses. More about the MTESC center can be found at the following link: ARI MTESC.

Alan Ritchey is currently the defendant in two lawsuits brought under the False Claims Act. In those cases the plaintiffs--acting on behalf of the United States--claim that ARI defrauded the Postal Service by submitting falsified claims for payment to the Postal Service.

Our firm represents one of the relators (a plaintiff in the qui tam litigation against ARI). We would appreciate hearing from persons who have knowledge of wrongdoing at the ARI facility in Auburn or at other ARI plants.

Originally posted at InjuryBoard by Michael Myers

Worker Killed When Trench Collapses

Michael Myers — Sat, 10 Mar 2007 22:07:29 GMT

Seattle firefighters worked for over two hours before they were able to extract the construction worker. Unfortunately, the worker did not survive his injuries. The construction acccident happened in White Center.

Construction accidents are unfortunately common. Construction workers have rights under RCW Title 51 (the workers compensation law). But they also have rights under personal injury law if their injuries were caused by the negligence of someone other than their employer or a co-worker.

Originally posted at InjuryBoard by Michael Myers

Crane Safety Is Major Construction Site Issue in 2006

Michael Myers — Wed, 13 Dec 2006 06:38:11 GMT

Recent inspections have disclosed cracks, loose welds and sheared bolts in cranes at construction sites in Bellevue and Redmond. Experts say needed maintenance and inspections have been neglected. Specifically, contractors aren't having their cranes inspected while they are on the ground in pieces. That may be due to a shortage of cranes, crane operators and crane erectors caused by a construction boom in Western Washington and across the country.

Besides the crane that collapsed on November 16, 2006 in downtown Bellevue (which killed an attorney who worked at Microsoft), three other cranes in the region have been found to have structural problems. One, also in Bellevue, had to be dismantled. The others were shut down.

Growing concern over crane safety and limited government oversight is fueling efforts to require state certification of both cranes and operators.

Originally posted at InjuryBoard by Michael Myers

Construction Worker Dies at Spokane Wastewater Treatment Plant

Michael Myers — Wed, 13 Dec 2006 06:06:56 GMT

A large beam struck and killed a 26-year-old construction worker Tuesday at Spokane's wastewater treatment plant. The victim, Tizoc Gayton, lived in Post Falls, Idaho and worked for Garco Construction Inc.

Mr. Gayton was removing shoring when a horizontal beam that was being removed fell on him.

Constructions has been stopped while the accident is investigated by the state Department of Labor & Industries. The report issued by the Department will be very important if Mr. Gayton's family elects to pursue a wrongful death case.

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

Worker Dies After Being Crushed by Lift

Mark McLean — Mon, 25 Jun 2007 09:20:24 GMT

A worker died after being crushed by a hydraulic lift in a Georgetown neighborhood recycling plant last week.

Longtime SeaDruNar employee John Colombini, 46, died from head injuries he suffered when a hydraulic lift collapsed on his head, a spokesman for the King County Medical Examiner's Office said Wednesday.
Colombini was repairing a lift attached to a truck cab used to haul waste containers onto the vehicle, a Seattle Fire Department spokeswoman said.

Under Washington law, injured workers (or the families of fatally injured workers) cannot directly sue their employers, except for intentional injuries. However, workers can sue third party who cause their injuries while on-the-job.

For more information on this subject, please refer to our section on Workplace Injuries and Discrimination.

Originally posted at InjuryBoard by Mark McLean