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October 2013 Archives

Big settlement in death of single mother of 5 in fatal accident

A lawsuit was settled for $6.58 million in the death of a Pennsylvania woman who was burned when a furnace exploded at the Victaulic foundry in 2010. Named in the industrial accident suit were four businesses, but not Victaulic itself. The 37-year-old was at the plant in Lower Macungie Township when molten metal mixed with water inside a furnace and exploded. She was a single mother of five children.

Personal Injury Homeowners Halloween

Being aware of Personal Injury issues that can arise for Homeowners on Halloween is important. Halloween is one of the nights of the year where children are encouraged to walk on strangers' properties (and take candy from them). We all hopefully know precautions we should take to protect our kids-wear bright clothing, use flashlights, throw away unwrapped candy etc... but what we need reminded is that as Homeowners we are responsible for ensuring our yards, walkways and property is safe.

Suit claims wrongful death from toxic spill at Pennsylvania plant

A chemical spill in September 2003 was to blame for a Pennsylvania worker's toxic encephalopathy according to a lawsuit filed by his wife. The dangerous materials lawsuit was filed against the manufacturers of the harmful chemicals spilled in the incident, not the company for whom her husband had been working for at the time of his exposure. But, she pursued a second lawsuit against the company this time, claiming not only that her husband's degenerative neurological disorder was caused by the hazardous chemicals released in the spill, but also that the company held back information about the dangerous nature of the substances. Information that, the lawsuit said, could have helped doctor's slow her husband's brain damage.

Pennsylvania worker hurt after equipment falls on him

A worker in Pennsylvania was injured after a piece of construction equipment that he was using fell on top of him during the morning of Oct. 10. The man had been helping with a bridge construction project on Schoolhouse Road in Susquehanna Township near Harrisburg when a trackhoe excavator, estimated to weigh approximately 36,000 pounds, overturned into a ditch.

Federal shutdown may result in more worker injuries

The federal government shutdown may have more implications than first realized. For example, the federal government shutdown may be affecting the status of inspections regarding workplace accident cases that occur in New Jersey and other locations. This lack of oversight may be detrimental to workers as employers may subject the employees to dangerous conditions without concerns of being punished.

Extension sought in comment period on OSHA rules

Pennsylvania construction workers and other laborers have been waiting for almost forty years for OSHA to change their rules that govern how much respirable silica employees may be exposed to in the course of the work. The proposal is nearly complete and will be published soon after a public commentary period is completed and suggestions taken into account. Large numbers of national business groups, ranging from the Construction Industry Safety Coalition to the National Association of Manufacturers, have submitted requests for an extension of the comment period so that they can review the rules and the associated literature. The current deadline for comment is Dec. 11th.

Philadelphia judge presides over workplace injury case

A judge for a Philadelphia Common Pleas Court overruled a defendant's preliminary objections in the case, stating that the defendant had 20 days to respond to the suit. The defendant had been named in a joinder complaint in the plaintiff's Sept. 26 order. The joinder complaint ended up being filed after an employee of the JCP group filed a lawsuit against the company because he was injured from falling through the scaffolding at a construction site he had been working on. The JCP group then filed the joinder complaint against Cornwells Construction Co., stating that the subcontractor agreement the two companies entered into gave JCP Group indemnity, making Cornwells Construction Co. responsible for the man's work-related injuries.

Report shows nurses are getting hurt at work

Nurses and health care workers in Pennsylvania have long been aware that the heavy lifting that their job requires is damaging to their health. Human beings are notoriously difficult to lift and move. A ninety pound woman is called a "light" patient, but in nearly every other industry a ninety pound weight is considered too heavy to safely move alone. The difficulties of keeping the patient comfortable and uninjured during the moving process must also be taken into account.

Forklift operator sues over workplace injury

A subcontractor working at a commercial loading dock in Pennsylvania has filed a lawsuit against the operator of the facility after fracturing his arm at work. According to the complaint, the worker was injured on the job when items from the forklift he was operating that had been loaded by employees of the defendant fell on top of him.

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October 2013 Archives | Pittsburgh Workers' Compensation Law Blog a