Washington Injury Attorney Blog

If you have some kind of accident, such as a car accident, workplace accident, or even if you slip and fall on someone else’s property, you may suddenly find yourself trying to learn all you can about personal injury law.

Personal injury law covers personal accidents and damages that can be awarded when claims are made.

While you can file a personal injury claim for any type of accident, there are some things you should understand about personal injury law and how you can win your case.

For starters, accidents do happen, but sometimes they are just that-accidents, meaning no one is to blame. In these cases you probably won’t get far in the way of a personal injury claim.

If you file a claim and expect to be compensated for damages, you need to be able to clearly demonstrate that the party you are filing the claim against could have prevented the accident. For example, if you are walking down the street and fall on the sidewalk in front of someone’s house because you simply weren’t paying attention to where you were going, you are probably going to have a hard time getting a settlement from the homeowner. If, however you fall because the homeowner failed to remove a branch, or ice, or something else from the sidewalk and you fall, that homeowner may be responsible for your accident and may have to pay your medical bills or any other costs associated with the accident.

While this may seem like simple logic, personal injury law is a complex, and sometimes controversial topic. Many politicians feel that the amount of damages one can receive in a personal injury claim should be capped to a certain amount. Different accidents require different things however. Maybe you not only have medical bills from an accident, but you also can’t return to work due to a hospital stay. You lose money by not working, should the responsible party not be held liable for these damages as well?

Personal injury law is hard to navigate, and for that reason, if you feel like you need to file a personal injury claim, you should immediately contact a lawyer for advice. The lawyer can tell you what they think your chances are of a settlement and what the next step should be. You should get compensated if you have an accident that is not your fault, and a lawyer can help make that happen.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured due to construction accidents, motor vehicle accidents and slip trip and fall accidents.

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Workplace injuries are fairly common, and the cost of these accidents cost companies and businesses billions of dollars each year. Your workplace has probably dealt with a workers compensation claim at some point, and if they haven’t yet, they probably will.

The key to understanding workers’ compensation law is as simple as understanding one thing: Employees want to avoid lawsuits that could cost them a lot of money and in some case shut them down. If an employee gets injured, the workers compensation acts as insurance against that; it pays medical bills and missed work costs so that the employee doesn’t have to take the claim to court.

Of course, like any law, there is more to workers compensation law than just that, but that is the basic principle.

Workers’ compensation law basically follows a “no fault” rule that means they have to give workers’ comp benefits no matter who is responsible for the accident. There are instances where this rule may be waived; for example if an employee injures himself because of excessive drug or alcohol use, or if they cause the injury themselves, they are not eligible to file a claim. Hurting yourself while not at work generally takes away your right to file a claim, as does having an accident while you are committing a crime. The exact rules of workers’ compensation law differs from state to state, so you’ll need to check your state’s law to find information on whether or not your particular injury is covered.

In some states, certain kinds of employees are not eligible for workers’ compensation. Volunteers, domestic servants, contractors, farmers, or consultants may fall into the category of not qualifying for benefits. If you only work part time, you may not qualify either. So you should check with your employer or your attorney if you are unsure, especially if you have a particularly dangerous job where you may be more likely to hurt yourself. A farmer for example has a lot of potential to injure himself on the job; not being covered under workers’ compensation law can be devastating in the event of an accident that keeps him from working. Always make sure you have a plan in case something tragic was to happen and you can’t work.

Workers’ compensation law doesn’t have to be hard to understand, but you should always know your rights before you have an accident.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in on-the-job-accidents and the family of those killed.

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The Seattle Post Intelligencer reports that a man was critically injured in a Seattle garbage truck accident on Monday afternoon around 1:20pm.

According to their report, the unidentified man was riding on the rear of the CleanScapes garbage truck when he fell off as the truck turned from 28th onto Galer in the Magnolia neighborhood.

The injured man was taken to Harborview Medical Center with a critical head injury.

It is unclear what made the man fall but speed or driver impairment were not factors in the on-the-job accident.

In accidents such as this where a person is injured while on-the-job, the injured party or his family are advised to contact an experienced workers' compensation lawyer who can carefully examine the accident and identify any negligence. Any employee who has sustained an injury in the course of his or her employment has a potential workers' compensation claim.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have suffered work-related injuries and the family of those who have died.

Continue reading "Garbage truck worker critically injured in Seattle accident" »

Three employees at a Tennessee chemical plant are in critical condition after they suffered burn injuries after an explosion or fire near a furnace

This is the third injury accident at the Hoeganaes Corporation plant this year. The incident will be investigated by the U.S. Chemical Safety Board (CSB).

In January of this year, a flash fire killed a worker and injured another worker who died just a few days ago. A second accident occurred on March 29. Both of these fires involved combustible iron dust.

The plant has been criticized for not addressing safety hazards including letting dust accumulate 2-3 inches deep on surfaces throughout the factory.

This construction accident is very tragic for those who are clinging to life and their families. It is a stark reminder that workplace safety must be paramount for any corporation.

In on-the-job accidents such as this, the injured and the families of deceased workers are advised to contact a personal injury lawyer to find out information about their worker's compensation benefits and whether they are eligible to file a negligence or third-party claim.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in workplace accidents. We have more than 30 years representing victims and their families.

Source:
4 Workers Hurt in Tennessee Plant
Fox News
Published: May 27, 2011

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The Spokesman-Review reports that the Washington Supreme court has upheld the $6.5 million wrongful death and negligence judgment against CH2M Hill, an engineering company, that the court ruled was responsible for the death of one Spokane sewer plant workers and the injuries to two others in a 2004 construction accident.

The Spokane sewer plant accident killed Mike Cmos when a tank imploded and Cmos was buried in sludge. Two other city workers, Dan Evans and Larry Michaels were injured in the accident.

In 2008, the Superior Court Judge Robert Austin ruled that CH2M Hill was negligent in its design changes to the digester. He ordered a wrongful death settlement of $2.6 million to be paid to Cmos estate; $2 million to Cmos' widow; $650,000 to Cmos' daughter. He also ordered payment to Evans for the broken bones he suffered and to Michaels for his serious knee injury.

CH2M Hill appealed the decision all the way to the Washington Supreme Court which upheld the Superior Court decision with six justices signing the majority opinion and three justices signing a concurrence opinion.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in construction accidents and the family of those killed. We have more than 30 years experience successfully representing clients with their wrongful death claims.

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The Consumer Product Safety Commission is considering toughening the standards for table saws in the wake of 40,000 injury accidents per year which includes approximately 4,000 amputations.

Table saw injuries often involve the fingers or the hands but they can also involve the forearm and elbow. Table saw accidents often involve damage to muscles, tendons, nerves and ligaments.

Consumer advocates are calling for safety standards for table and bench saws while table saw manufacturers object to increased rules because it will increase the cost of the product.

According to the CPSC, 80% of table saw accidents occur at home while the remaining 20% occur in woodworking classes and in construction accidents.

Consumer groups want manufacturers to use a technology called SawStop which is a detection system that will stop the blade whenever it comes into contact with human skin. Demonstrations of the SawStop technology is impressive as the saw stops in 5 milliseconds after accidental contact. Videos on YouTube showing saws with the SawStop technology stopping a saw blade when it comes into contact with a hot dog. See a video here.

In 1965, Ralph Nader published a book, Unsafe at Any Speed: The Designed-In Dangers of the American Automobile, which pioneered the inclusion of safety features in automobiles despite the resistance by car manufacturers because they didn't want to spend the money. We see a parallel with here with the table saw manufacturers. Hopefully, the table saw manufacturers will improve their products because 40,000 injury accidents are too many

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in construction accidents and the family of those killed. We also represent people with their product liability claims.

Source:
Consumer group calls for action to make table saws safer
Seattle PI.com
By Rita R. Robison, Consumer Spec

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22 construction workers were injured when the freight elevator they were riding in fell four floors in the Bed, Bath & Beyond building in Chelsea, New York.

According to a report on ABC News, the elevator malfunctioned and fell from the fourth floor to the basement. A spokesman for the Department of Buildings said the cause of the malfunction was a defective brake. The building owner was issued a citation for failing to maintain the elevator.

In what must have been a terrifying accident, none of the injured suffered life-threatening injuries. However, 22 of the workers suffered "whiplash-like" injuries in the fall according to The New York Times.

States regulate the safety of elevators, escalators, moving walks and dumbwaiters and prescribe an inspection schedule. WAC 296-96-00650 prescribes the elevators rules in Washington.

Whiplash injuries are a common injury suffered in car accidents. It refers to the hyperflexion/hyperextension injury or "cervical strain/sprain." It is caused when the head snaps backwards and the movement of the neck is greater than the normal range of motions of the neck muscles.

A whiplash injury can be very serious and require treatment over a period of time. In some cases, this healing process can take six months or more.

The injured construction workers in this accident might very well have a legitimate negligence claim against the building owner since the building owner was cited. They would be well-advised to obtain the counsel of a personal injury attorney.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in construction accidents and slip/trip/fall accidents and the family of those killed.

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A woman, who was driving under the influence of under the influence of alcohol and marijuana, has pleaded guilty to vehicular homicide and felony hit-and-run charges in the death of William A. Padilla,51 a tow truck driver from Burien. She will be sentenced on May 20 and she faces a prison sentence of between 3-1/2 to 4-1/2 years.

Shavelle M. Lewis was 20-years-old when she hit Padilla as he work preparing to tow a 2000 Chrysler Sebring on an entrance ramp to southbound Interstate 5. After hitting Padilla, Lewis fled the accident scene but was apprehended a short time later.

Even at her young age, Lewis had previous criminal history including prostitution.

Vehicular Homicide, RCW 46.61.520, can be charged if a person dies as a result of a motor vehicle accident and the motorist was driving recklessly, driving under the influence of alcohol or drugs or driving without regard to the safety of others.

Every year, tow truck drivers and other first responders are seriously injured or killed when they are struck by other cars and trucks while they are on the job. This is a double tragedy as tow trucks workers help stranded motorists.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured by drunken drivers and the family of those killed. We are uniquely qualified to assist those families who loved ones have died in on-the-job accidents.

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The Seattle Times reports that a East Bremerton man from was killed in a car jack accident on Sunday afternoon.

According to the report, the accident occurred around 4PM in the 3100 block of Aegean Boulevard Northeast. Apparently the car slipped of the jack and crushed the man.

The man's girlfriend and a neighbor used a second jack to raise the Honda off of the man but he was dead from crushing injuries.

The National Highway Transportation Safety Administration estimates that approximately 10,000 people are injured every year in accidents involving hoists or jacks. Car jack accidents happen when people are repairing cars or trucks or changing tires.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We are a personal injury law firm that represent people who have been injured due to the negligence of others including in work-related accidents, auto accidents and slip, trip and fall accidents.

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As a Bellevue personal injury attorney representing patients who have suffered serious burn injuries, we are happy to see a breakthrough in the treatment of burn injuries.

A new burn wound dressing promises to help wounds heal up to 40% faster than other dressings. Developed in New Zealand by Dr. Azam Ali, the new dressing is bio-based and uses materials low-volume protein sources from New Zealand sheep wool and it accelerates wound healing and tissue growth.

The new dressing could greatly help people who have severe burn injuries due to acid or fire.

A winner of the Bayer Innovation of the Year Award in 2010, the new product is especially valuable in the developing world where ra materials would allow for lower cost manufacturing.

Congratulations to Dr. Azam Ali whose research on utilizing and re-engineering bio-based materials provides hope and healing to burn victims. With more than one million burn injuries every year in the United States and thousands occurring in Washington state, fire and burn injuries are the firth leading cause of accidental or preventable death.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have serious burn injuries including those who were injured in car accidents and in industrial accidents.

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Three workers were killed and a fourth suffered critical injuries when the shuttle van they were riding in was hit by a Burlington Northern Santa Fe freight train on Wednesday afternoon at a Kelso train crossing.

Killed in the accident were two BNSF employees, Chris Loehr, 28, and Tom Kenny, 58. The shuttle van driver, Steven Sebastian, 60, who worked for Coach America, was also killed in the train accident.

The injured man is Dwight Hauck, 52, who is described as a veteran conductor. The Columbian reports that he is in critical condition at Oregon Health Science University.

The train accident occurred around 4:30pm. The van was ferrying the men to a motel after their shift and was hit as it crossed a set of tracks. The crossing where the van was hit was a private one and was marked with an X-shaped warning sign but there were no barrier crossings.

The Federal Railroad Administration reported that that there were 1,650 accidents/incidents on BNSF tracks in 2010 resulting in 134 fatalities and 1,014 injuries. 80 fatalities involved railroad crossing accidents.

BNSF officials are investigating this tragic accident. In the course of their investigation they will determine whether the crossing had an inadequate warning sign or if other factors contributed to the accident.

If you or a loved one has been injured in a train accident or a railroad cross accident then contact The Farber Law Group at 1-800-244-9087 to obtain a free consultation from a train accident attorney on your case.

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Bremerton police report that a 39-year-old construction worker was seriously injured in a construction accident on the Manette Bridge project around 8:00am on Saturday morning.

The man suffered a life-threatening head injury when he was struck in the head by a wench while working beneath the bridge. The man was either on a small tug or a barge at the time of the on-the-job accident.

The man was airlifted to Harborview Medical Center in Seattle by life flight helicopter.

The Washington state office of Labor & Industries is investigating the accident because it occurred on-the-job. An employer must report to L&I any accident which results in in-patient hospitalization or results in death within 8 hours of the accident.

Almost half of all work-place injury accidents occur to workers under the age of 45 While worker's compensation covers some costs, in the case of serious injury, disability or death, the family of the injured should seek the counsel of an experienced personal injury attorney who can insure the worker's rights are protected.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in construction accidents and the family of those killed.

Source:
Worker seriously injured in accident at Manette Bridge construction site
Kitsap Sun
Reported by: Rachel Pritchett
Mar 5, 2011

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The Washington Bureau of Labor and Industries is investigating the death of Allen Clifford, 69, of Sedro-Woolley, who was found crushed to death under his truck's rear wheel.

The Peninsula Daily News reports the on-the-job accident occurred in an industrial park south of Port Townsend. According to the report, Clifford had phoned in a report of truck trouble around 6:00am Wednesday morning from Sunshine Propane. An employee of Sunshine found Clifford crushed under the truck's rear wheel at 7:44am.

The Bureau of L&I is investigating the industrial accident since it occurred in the course of Clifford's employment.

Clifford's family will most likely be entitled to his workers' compensation benefits.

The family may be well-advised to contact an experienced workers compensation attorney who has experience with third-party claims and wrongful death. A personal injury attorney representing the family can look into what caused the fatal workplace accident. A Washington skilled personal injury attorney can help maximize net compensation to the victim's family.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in on-the-job accidents and the family of those killed.

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The Washington State Department of Labor & Industries issued their report for Workplace Deaths Report for 2010 which found that the number of people killed in work-related accidents and assaults increased in 2010.

In 2010, 86 men and women were killed on-the-job which is a significant increase from the 65 fatalities reported in 2009.

L&I Drector, Judy Schurke, said:

Last year was a difficult one for worker safety, and this report demonstrates that. Behind these numbers are grieving families and traumatized co-workers. It is only with the continuing cooperation of labor, business and safety and health professionals that we can hope to prevent future deaths like these from happening.

In 2010 there were seven workers killed in the Tesoro refinery explosion in Anacortes, Washington. This was a great tragedy for the state especially as the investigation found that these deaths were preventable.

There were 20 job-related deaths among farm workers, fishing industry workers and loggers in 2010. Seven farm workers died in tractor-rollover accidents. These accidents may have been prevented if safety practices and maintenance had been adhered too.

2010 found a decline in workplace homicides and suicides. There were only seven last year compared to 20 in 2009.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have died in on-the-job accidents and construction accidents.  At The Farber Law Group, our lawyers are familiar with worker's compensation laws and laws regarding 3rd parties. While money cannot fully compensate for a serious and debilitating injury or the loss of a loved one, compensation for medical expenses, lost earnings can help insure a stable future for you and your family. Contact us today for a free case evaluation.

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The Washington Department of Health has designed Evergreen Hospital Medical Center in Kirkland, Washington a Level III Trauma Center.

Level III Trauma centers can perform 24-hour emergency surgery and resuscitation. Previously, Evergreen Hospital was designated a level IV trauma center.

Evergreen was ranked #2 in Washington state and Top 10% in the nation for General Surgery by HealthGrades.

Harborview Medical Center in Seattle provides Level I trauma services in the region for patients requiring neurosurgery, plastic surgery, orthopedic surgery or a maxillofacial surgeon.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in motor vehicle accidents, construction accidents and slip, trip & fall accidents.

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The North Kitsap Herald reports that Aaron Bjorn Waag, 28, of Hansville, died after falling at least 70 feet from a boom crane hook as he worked cutting branches from several tall fir trees.

According the report, Waag was working at a property off Rocky Point Road NW in Bremerton when the 10:30am accident occurred.

First responder administered CPR and Waag was taken to Harrison Medical Center in Bremerton where he was pronounced dead.

The cause of the accident is under investigation by the Department of Labor and Industries bit it appears that that Waag's climbing harness became detached from the boom hook.

Waag worked in his family's business, Waag Tree Service.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We are a Seattle personal injury law firm representing construction accident victims and their families.

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The widow of John Bruce, 64, who died in a fall while unloading a Boeing jet at Kuwait International Airport, has filed a wrongful death lawsuit against Boeing Co. for allegedly failing to provide safety equipment that would have prevented her husband's death.

Bruce had more than 20 years experience working as a ramp serviceman for United Airlines when he fell from a mobile belt loader while removing cargo from a Boeing 747. The operator of the belt loader moved the ramp while Bruce was standing on it and Bruce fell 10 feet and hit the tarmac. He suffered a traumatic brain injury and died several days after the work-related accident.

Bruce's widow, Cleopatra, filed her negligence lawsuit claiming that Boeing and NMC-Wollard Inc., the manufacturer of the loader equipment, failed to provide protections in case of fall. In the lawsuit, the widow also claims that the loader operator was distracted when he moved the loader and that CAV International Inc., the company the operator worked for, failed to adequately train and supervise its employees.

Wrongful death is a death that occurs because of the negligence or wrongful act of another. The family of a person who is killed because of the negligence may recover damages in a civil action against the person or entities whose negligence caused the death of their family member.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We are a Washington personal injury law firm experienced and knowledgeable in handling wrongful death cases.

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Source:
The Chicago Tribune
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James Conwell, a carpenter, has received a $1.477 million settlement for the serious injuries he received in a construction accident when he fell from a ladder and a beam hit him in the head.

A press release by Conwell's attorneys reported that Conwell suffered permanent and serious injuries including persistent migraines, neck pain and tinnitus.

Conwell's construction accident lawsuit claimed that James McHugh Construction Company provided inadequate ladders and did not follow the safety program and procedures as outlined in their safety program.

OSHA regulations require that companies must comply to their own safety program and and they must make reasonable inspections of their premises.

Conwell's wife, Roberta, was awarded $105,000 for loss of consortium. Loss of consortium can be awarded to a spouse of an injured person if the injury renders a person from having normal marital or sexual relationships due to their injury.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent construction accident victims and their families. With our help, you may recover compensation for your damages.

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The News Tribune of Tacoma reports that a man was killed in Washington state logging accident this morning, 12 miles east of Buckley. The logging accident occurred in a heavily forested area. Buckley is a small community located 15 miles east of Puyallup.

According to the report, the Buckley logging accident occurred some time before 10:30am this morning when a tree fell on the man. No other details of the accident were immediately provided.

Approximately 67% of logging accidents are caused by falling tree limbs, trees or logs falling off of a truck. Other accidental fatalities involve equipment like chainsaws, vehicles and lightning. The most common time for a logging accident is between 10-11am and 1-2pm.

Logging is one of the most dangerous occupations and has the highest fatality rate of any other occupation after commercial fishing. Loggers have difficult jobs working with heavy equipment and massive weights, often on uneven terrain in all kinds of weather conditions. Even the most experienced logger can become seriously injured or even killed.

If you or a loved one has been injured in a logging accident, or a loved one has been killed, you should contact a construction accident lawyer. The Seattle construction accident attorneys at The Farber Law Group can help navigate the laws regarding work-related accidents and wrongful death.

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A man who was working on a construction project at 17305 Highway 99 in Lynnwood was seriously injured when he fell from scaffolding. The Lynnwood construction accident occurred around 8:25am.

The HeraldNet reports the injured man was taken to Harborview Medical Center in Seattle. His condition is unknown at this time.

The Department of Labor and Industries is investigating the cause of the construction accident. The United States Department of Labor reported 88 scaffold accidents that resulted in deaths in 2007. Every year, there are approximately 4,500 construction injury accidents attributed to scaffolding. Many scaffolding accidents are attributed to either the planking or support giving way, the worker slipping or from falling objects.

OSHA investigates most scaffolding accidents to determine if the accident was caused by faulty scaffolding design or construction or the lack of safety precautions.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in construction and industrial accidents and the family of those killed.

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