Articles Tagged with safety

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2543453615_9e9b04de1b_z-300x225We share our roads and highways with large commercial trucks on a daily basis. These large commercial trucks have rear guards to protect passenger cars. If you rear-end an eighteen-wheeler, you are protected from going under the back of the truck. Why do large trucks not also have side guards? That’s a question safety advocates have long asked.

Commercial trucks can have a very high ground clearance. I’m sure you’ve been in the lane next to a large eighteen-wheeler. If you are in a small passenger car, you may even look over and think that your entire vehicle could go under the truck. That is the danger. In a side impact, a passenger car can slide under the body of the truck. That causes the truck body to crash through the car windows and into the passengers. A simple collision can become deadly. These under-ride crashes can cause horrible head and upper body injuries, including decapitation. The Insurance Institute for Highway Safety estimated almost 300 car passengers were killed in side-impact collisions with a semi-truck in 2016.

We need to remember — Deadly side impacts are not limited to passenger cars. In urban areas, commercial trucks frequently share our roads with pedestrians and bicyclists. A Department of Transportation study also revealed a substantial number of death in side crashes involving both pedestrians and bicyclists.

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First Notice Of InjuryThe rate of workplace accidents is much higher than reported. That’s long been my opinion. I’ve spent over two decades listening to workers talk about their injuries. I frequently hear stories of accidents reported late or not reported at all. And, I hear many stories of workers who reported their accident to the supervisor. Yet, the supervisor failed to forward the report properly.

Why are so many accidents and injuries unreported? Several reasons exist. One of the most common reasons some companies fail to report employee injuries — An effort to avoid injury claims costs. Because of weak reporting rules and the lack of worker protection laws, the companies that choose to ignore proper reporting often calculate it is easier simply to terminate the employee when needed.

My opinion that accidents are underreported is based on experience handling workers’ compensation cases. A recent study in Michigan now provides data to support my position. Michigan State University researchers collected data over a period of several years. While their study is limited to Michigan, the issues are similar in Alabama. What does the data collected in Michigan reveal?

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scaffold-14253_640-300x201A widow recently filed a wrongful death lawsuit over the fatal fall of her husband in the workplace. The news article tells a story all too familiar to me. What happened? The worker was standing on a mobile scaffold and installing tile. The mobile scaffold toppled backwards, causing the worker to fall.

Falls from heights are a leading cause of workplace fatalities. And, this new wrongful death case highlights another example of a fall that could have easily been prevented. In the last decade, I’ve represented numerous workers and their families involving work site falls. Falls from scissors lifts. Falls from scaffolds. Falls from other mobile platforms. Falls from unmarked openings. Falls from unstable support structures. I’ve had cases involving each of them. All these terrible fall accidents have a common issue — They all could have been prevented with a little advance safety planning by management. In every one of them, an accident altered the life of a worker and his/her family in an instant.

In the new wrongful death case, the widow alleges the scaffold equipment was not working properly. She also alleges the scaffold equipment did not come with written materials explaining proper operations. I’m not surprised. That’s a common issue. I’ve seen it in several of my fall injury cases. In my past cases, I’ve seen workers asked to operate complex mobile lifts at heights with zero training and zero instruction. I’ve seen workers asked to operate mobile lifts with no ground-level supervision or spotter. I’ve seen workers asked to operate mobile lifts with no consideration of co-workers moving around them on the site. Management simply ignored the risks.

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Blackwell Law Firm - HuntsvilleA Fortune magazine article asks the question, “What happens to your employer if you die at work?” The article details the work-related death of a Walmart employee. The author then makes his point:

The ugly truth is that when it comes to ensuring your safety on the job, your employer has very little to lose.

Since that Fortune article, some Federal worker safety standards have actually decreased. And, in Alabama, we’ve annually seen an effort to reduce already unjustly low workers’ compensation benefits (including basic medical care) needed by injured workers. I’ve written in prior years about this annual effort to lessen basic benefits. I’ll continue to oppose those unjust proposals.

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truck-1565478_1920-300x201What are the most common causes of fatal occupational injuries? According to the Bureau of Labor Statistics 2016 data, the six top causes of work-related deaths include:

  1. Transportation incidents
  2. Injuries due to workplace violence from people or animals
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Blackwell Law Firm - Alabama Personal Injury LawFall protection. A recent OSHA penalty following a fatal fall serves as a strong reminder of two things:

  • Falls from heights are a leading cause of workplace injuries and deaths.
  • Simple safety steps can prevent most serious falls.
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Blackwell Law FirmDistracted driving is a huge problem on Alabama highways — much worse than reported. In a prior post, I discussed a study that analyzed distractions due solely to cell phones. That study, limited just to cell phone distraction, revealed distracted driving causes far more crashes than reported by government data. Of course, cell phones are not the only distraction causing crashes on our highways. Drivers face numerous other distractions. We discuss these distractions on our law firm website and in many of our blog posts.

How can we reduce distracted driving injuries? Outside the courtroom, our firm is committed to advocating for highway safety. Safety advocates have largely focused on three areas to combat distracted driving — education, law enforcement and technology.  When it comes to technology, you would expect car manufacturers to lead the charge for safety. Do they? Not always. General Motors (GM) is actually introducing an App called Marketplace that creates more risks of distracted driving crashes. A number of safety advocates share my concern with GM’s actions.

What is GM doing? GM has created a touchscreen App that will be included in new car models and will allow drivers to shop while driving. Here is what USA Today reported about the new touchscreen App:

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Blackwell Law Firm - HuntsvilleWhat are the most common risks of personal injury for workers? Each year, the Occupational Health and Safety Administration (OSHA) reveals its data on the top 10 workplace safety violations. OSHA lists the most commonly cited violations for the year.

Because I frequently represent workers hurt on large industrial or construction worksites, I study the annual reports. Two issues are clear to me:

  1. The same safety hazards typically dominate the list every single year.
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Commercial Truck InjuryTruck driver health is a significant safety issue on Alabama highways. Federal regulations require commercial truck drivers to obtain a medical certification regarding their health. Recent events lead to the question — Are some trucker medical certifications bogus?

Last year, I wrote an article discussing truck driver health and its impact on highway safety. That article is titled “Are Truck Driver Health Issues Causing Accidents?” According to National Institute of Health (NIH) statistics, truck drivers suffer rates of obesity, diabetes, hypertension and sleep apnea at rates far higher than the general public. When left untreated, these conditions can create huge risks of highway accidents. With proper medical examinations and certifications, many unhealthy and unsafe drivers have the opportunity to get the medical care they need. This protects all of us from needless personal injury on the highway. And, it protects drivers by giving them the opportunity to restore their own health.

Last year, Federal authorities arrested an Atlanta-area medical examiner for issuing fake medical certifications. That examiner actually operated out of a truck stop. According to Department of Transportation (DOT) investigators, that examiner was issuing over 350 truck driver medical certifications a month. The DOT estimated more than 6,000 drivers from 48 states were impacted by these certifications. After reading the articles about that Atlanta-area medical examiner, I wrote a post asking “Are Medical Examiners Certifying Unsafe Truck Drivers?” In that post, I suggested discussion topics to improve the credibility of the certification process. These suggestions included:

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Commercial Truck On HighwayIn 2015, large commercial trucks were involved in more than 400,000 police-reported crashes on our nation’s roads and highways. Over 4,000 large trucks and buses were involved in fatal crashes. Many other crashes caused serious and permanent personal injuries. Truck safety is an important issue for all drivers. Truck safety is a frequent topic of discussion on this blog. In past posts, I’ve discussed trucking topics such as the medical certification process for truckers, trucker health issues, current highway safety regulations and the danger of distracted driving among commercial drivers.

In the last two decades, our cars and trucks have become much safer. Available designs and technologies have improved vehicle safety for everyone. When it comes to commercial trucking, several available technologies could promise to increase safety significantly. What are a few of those available safety technologies?

Lane Departure Warning Systems