Jacksonville Personal Injury Lawyer - Workplace Injuries

JaxPort Employee Injured On The Job 110 Feet Up

Eddie Farah — Wed, 19 Aug 2009 23:05:56 GMT

An industrial accident at the Jacksonville Port Authority led to a dramatic but successful rescue for one injured employee.

The unidentified man was working on a 110 foot crane Monday night doing routine maintenance along with six other men, when he suffered a severe back injury. A safety line prevented him from falling to the ground.

To lower him to the ground, Jacksonville Fire-Rescue’s Urban Search and Rescue Unit incorporated a basket and ropes to safely lower him, dangling precariously above the ground as was caught in some dramatic video by Channel 4 in Jacksonville.

Lowering the man took a tense 90 minutes, but Jacksonville Fire Rescue said they had trained for such an event, including how to safely put a man on a board to lower him down.

The man had to be hospitalized but has been released and is recovering at home.

This is just the latest bad news for this Jacksonville employer. Last week at the company’s Blount Island facility, a crane weighing almost a thousand tons fell into a row of other cranes. Two of the $6 million cranes are in pieces and a third was damaged. No one was injured in this wreck, but certainly it had the potential.

Under the Longshore and Harbor Workers’ Compensation Act employees working near dry docks, terminals, piers or wharfs are covered if they are moving cargo between the ship and land transportation and had some direct involvement with maritime activities.

The mission of the Act is to make sure that workers’ compensation benefits are paid promptly and properly since working in these ports is dangerous work and back and neck injuries are not uncommon. Often these are catastrophic injuries that may take a lifetime of care. This man was very lucky. #

Originally posted at InjuryBoard by Eddie Farah

Florida's Most Dangerous Jobs

Eddie Farah — Sat, 31 Jan 2009 22:29:00 GMT

While the national picture for accidents and deaths on the job decreased by about six percent – Florida’s death rate for workplace fatalities stayed steady from 2006 - about 362 people lost their lives at work in 2007. What kind of jobs pose the greatest risk?

Florida Trend breaks down the most dangerous jobs. The typical person killed on the job in Florida is a white male about 50-years-old and is a truck driver earning about $30,000 a year who died in a traffic accident. Truck drivers had the largest category of deaths on the job at 43 in 2007.

Construction workers were next at 29. 21 grounds workers were killed while 16 police officers lost their lives. In all seven officers were gunned down in 2007.

Interestingly, one would think that being a roofer is a dangerous occupation, but it ranks ninth in the list of ten.

As far as being safe on the job in an office, think again. Workplace homicides rose by 46 percent in Florida in 2007, while they were up 13 percent nationwide.

The vast majority- about 85 percent- involved shootings. People to fall victim were police officers as mentioned but also restaurant workers and salespeople. In one case a man was shot during an attempted robbery at a BP station in Tallahassee. In another case, a 63-year-old woman working at Disney, was hit by a ride which knocked her to the ground where she hit her head and died.

Florida has the third highest number of fatalities at work following Texas (527) and California (407). Overall, the good news, if you can call it that, is your chances of dying on the job are slim, about 4.6 per 100,000 workers, but still substantially more than the national average of 3.7 per 100,000.

If you have been injured on the job, please do not talk to an insurance agent before you talk to an experienced accident attorney. Your future and the future of your family may depend on the moves you make immediately following an injury at work. #

Originally posted at InjuryBoard by Eddie Farah

Dangerous Downtown Condo Collapse Results in Loss Of Life and Lawsuits

Eddie Farah — Fri, 23 Jan 2009 23:08:00 GMT

The downtown Berkman Plaza condominium project was abruptly halted in December 2007 when a parking garage collapsed burying one worker under five feet of debris and concrete. Now the condo owner is suing six subcontractors for at least $36 million in damages.

The six are accused of violating Florida’s building codes that led to the six-story garage collapse that killed 26-year-old Willie Edwards, a single father of two. 23 other workers were injured.

In the lawsuits, Berkman’s lawyers say the delay in construction has cost the company at least $36 million.

The Florida Times-Union reports the subcontractors are: Named in the lawsuit are: Southern Pan Services Co. of Davie, Infinity Resourcing of Palm Coast, P.T.E. Strand Co. of Miami, Universal Engineering Sciences of Orlando, A.A. Pittman and Sons Concrete Co. of Jacksonville and Patent Construction Systems of Paramus, N.J.

Interestingly another subcontractor, Choate Construction Co. was not sued because its contract states that any claims are to be handled through binding arbitration and mediation. The federal Occupational Safety and Health Administration (OSHA) has also fined several contractors $193,000 for flaws in construction and design.

OSHA cited nine violations, although added that none were serious enough to have caused the collapse.

Of the 23 injured workers, the OSHA citation indicates the employer knew or should have known of a danger present on the work site. An experienced attorney can help you determine whether they hid that knowledge and whether these violations could have contributed to the collapse.

Clearly in this case, Berkman Plaza and / or its subcontractors failed to take reasonable precautions to protect the employees. We wish only the best to the two young children of Willie Edwards. #

Originally posted at InjuryBoard by Eddie Farah

Florida Supreme Court Rules In Favor of Injured Workers

Eddie Farah — Sat, 25 Oct 2008 13:59:50 GMT

The Florida Supreme Court on Thursday stepped in to help injured workers.

Ever since a controversial 2003 reform of the state’s workers’ compensation law, lawyer’s fees have been capped.

In the case before the court this week, the attorney for Emma Murray was compensated $8 an hour. The state Supreme Court ruled Thursday that a lawyer representing an injured worker is entitled to a "reasonable" fee and $8 an hour is not reasonable.

In the 5-0 ruling of Emma Murray vs. Mariner Health Care, Murray, a nurse in her late 50s, was injured hoisting a patient in a nursing home. Her employer’s insurance carrier denied her claim saying her condition was pre-existing.

Her Port Charlotte lawyer won $3,244 in back wages and medical costs and Mariner Health had to pay her court costs which amounted to $648 for 80 hours of work. Murray’s lawyer argued that since Mariner Health paid its lawyer $150-$200 an hour, which totaled $16,000, that Murray faced an unconstitutional disadvantage.

He won the argument on the ambiguous definition of "reasonable" attorney fees, not on the constitutional argument.

The 2003 reform gives insurers incentive to deny legitimate claims like Murray's, since few lawyers will take on complex and expensive cases for such meager fees. Since the reform, rates have fallen nearly 60 percent but so has the ability to address a citizen’s injury in court.

Nobody is getting rich here. Farah and Farah continues to take these cases and we have a staff to address workers' comp cases. What’s at stake is a person’s ability to receive compensation for medical bills and lost wages that they are entitled to, while they recover from an on-the-work injury.

What is dignity worth? Priceless.

The state's insurance commissioner will review the decision to determine the impact on workers' comp insurance.

Expect a face-off during the upcoming legislative session between the U.S. Chamber representing the business community that wants to keep down the cost of workers' comp insurance, and advocates for labor and citizens.

Originally posted at InjuryBoard by Eddie Farah

New Gun Law Sparking Opposition In Florida

Eddie Farah — Thu, 17 Jul 2008 20:28:00 GMT

On Tuesday, Florida got a new law that some feel makes the workplace safer. Others feel it makes the workplace more dangerous. It's a very emotional issue, gun control, so let's not go into that here.

But some Florida businesses are "just saying NO" to the expanded rights of gun owners.

JEA, the utility of the Jacksonville area, has sent a letter to employees telling them NOT to bring their guns to work.

The “Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008” was signed recently by Gov. Charlie Crist.

It allows employees, who have a valid concealed weapons permit, to bring their gun to work and keep it in their car.

JEA says there are exemptions and they fall into one.

Banks, churches, court- they are all exempted from the law. JEA doesn't say explicitly what the exemption is that they fall under. Many say they will bring guns anyway and not tell.

At Walt Disney World in Orlando, employees will not be allowed to keep guns in their cars at company parking lots.

Disney is not making any friends with backers of the law such as the National Rifle Association and lawmakers. “You’ve got to be kidding me,” according to state Sen. Durell Peaden, one of the authors of the bill and a Republican from the Florida Panhandle, tells the Orlando Sentinel.

But Disney has a long standing policy against guns on the 30,000 acre property despite what the NRA says. And Disney has clout. It employs more people at a single location than any local employer - 60,000. Bringing a gun to work could be grounds for termination.

Also exempted under the law are defense contractors or explosives manufacturers.

A last minute revision to the bill included an exemption for any property leased or owned by an employer who has a permit for explosives. Disney has a permit to use fireworks in its theme parks.

Disney says its theme parks, resorts, cast member parking lots, administrative offices, sports complex, hotels, Celebration and Disney Reservation centers in Orlando and Tampa are all exempt.

However, not exempt are Disney Cruise Line’s crew parking lots and some other Disney properties in Florida. And Universal is joining Disney in claiming an exemption.

Not so at Sea World. The company believes in the rights of employees or visitors to transport legal firearms in their car, according to a spokeswoman. #

Originally posted at InjuryBoard by Eddie Farah

OSHA Fines Downtown Contractors After Garage Collapse Kills One

Eddie Farah — Thu, 05 Jun 2008 00:20:01 GMT

The U.S. Occupational Safety and Health Administration has fined three downtown Jacksonville contractors for design and construction flaws that caused the December 6^th collapse of the Berkman Plazaparking garage.

The major construction accidentkilled one and injured 20 other workers.

Nearly $193,000 has been filed against Choate Construction, Southern Pan Services and A.A. Pittman & Sons Concrete. That is the largest fine for a single accident in North Florida history.

26-year-old Willie Edwards died in the collapse. The father was working to buy Christmas presents for his kids.

The companies are alleged to have failed to determine whether the six-floor structure was sound enough to support the extra weight from concrete being poured on the top floor. Also missing was critical support beams. They were cited for a flawed design in the building, and the quality of the construction.

The companies have 15 days to appeal. Southern Pan and Choate say they plan to contest the fine. Southern Pan believes the collapse was due to engineering failures.

Choate and Southern Pan are Georgia-based companies while A.A. Pittman is Jacksonville based. Expect a lot of blame to go around here before this story is over.

Originally posted at InjuryBoard by Eddie Farah

No More Good Hands Allstate Auto Written in Florida

Eddie Farah — Wed, 16 Jan 2008 20:13:41 GMT

It was a bit of a standoff in Tallahassee today between the state Insurance Commission Kevin McCarty and Allstate executives.

Seems they were under subpoena to bring documents into a hearing. They didn't. Allstate decided the request was "irrelevant." McCarty was so angry he suspended Allstate companies from writing any new auto policies.

The meeting was supposed to last two-days but was suspended after two hours. While the move hurts Allstate it also hurts Florida consumers but there was a reason for the suspension.

The state insurance office was probing property coverage rates, Allstate's reinsurance program and its relationship with risk modeling companies, trade associations and rating organizations.

Instead Allstate turned over a 51-page letter that stated the company's objections to the subpoena.

"In view of Allstate's ongoing, blatant disregard of our subpoenas, I have little choice," McCarty said Wednesday. "Suspending their certificate of authority to write new business in our state should make my point."

If you currently have business with Allstate, it will not be affected. But if you need a new auto policy from Allstate or one of its companies including Allstate Insurance Co., Allstate Indemnity Co. and Allstate Property and Casualty Co. it will not be available for the time being.

Gov. Charlie Crist, applauded the actions of McCarty.

The state was holding a hearing on property rates to discover whether the company was following a new law to lower premiums. For two hours company executives dodged questions about following the law and that infuriated McCarty.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Eddie Farah

Fireball Erupts at Jacksonville Chemical Company

Eddie Farah — Wed, 19 Dec 2007 18:29:06 GMT

It happened just before 2 p.m.

A "hellish inferno" erupted at a chemical company on the Northside of Jacksonville. As of last count, four are dead and 22 are injured many were transported to local hospitals. Tonight reports are everyone has been accounted for.

More than 100 firefighters were called to the industrial facility on Faye Road and tonight there are still hot spots they are fighting. The fire was so hot that a trucker passing nearby says it melted his cell phone.

Taking a look at the proximity to the twin towers of JEA's Northside power plant, it might have appeared that they were on fire but it actually occured across the street. The plant was evacuated and some power was briefly disrupted.

"This was unlike any noise I'm sure any of us have ever heard," Kevin, who works at the port on Blount Island, told Channel 4. "It literally shook the whole building. We walked outside and saw what was reminiscent of a nuclear explosion -- that kind of cloud formation you see when a nuclear explosion goes off."

Thick black smoke billowed miles around the area for a couple of hours. Officials say it is not toxic.

CNN called Kathy Jones a manager of a Holiday Inn two miles away and she told the cable network that the initial explosion blew the glass doors off the front of her hotel.

Shands has taken in 10 victims and a doctor there reports one is in critical condition. Workers are being "decontaminated" from the smoke and exposure to chemicals that might be present.

The explosion at the T2 Labs where solvents and gasoline additives are made forced firefighters to respond to the three-alarm fire with hazardous materials protections.

"It was a pandemonium," said Byron Evetts, an engineer working at the JEA plant who is also a trained rescue worker. "It was a large explosion.... Best we could tell, there was no structure left. It was like the entire structure had been removed."

State road 9A at Alta was reopened about 6 tonight. Expect OSHA to figure prominently in the investigation of this chemical disaster.

For more information on this subject please refer to the section on Workplace Injuries.

Originally posted at InjuryBoard by Eddie Farah

Garage Collapse Downtown Jacksonville Injures 13 One Missing

Eddie Farah — Thu, 06 Dec 2007 07:38:09 GMT

It happened around 6 a.m. this morning as workers were pouring cement to be used for the new Berkman Plaza II tower.

On the fifth and sixth floor of a parking garage next to the area the levels of the walls began collapsing like dominos. Tne entire structure fell upon itself and it looks like a bomb went off.

Because it happened at 6am during a shift change, worried loved ones are desperately trying to find people at the scene. 13 workers were taken to Shands Jacksonville, nine were treated at the scene and one person is still missing. The hospitalized workers are saidto have suffered non-life-threatening injuries.

Dozens of police and fire rescue vehicles are crowding the area this morning.

There were about 20 people working in the parking structure pouring cement at the sixth floor next to the condo tower next to the St. Johns River when the collapse occured.

Around 2 in the morning construction began and by 6am the partial collapse occured. Cement construction is suspected to be the cause at this time, but it is as yet undetermined what sparked the collapse. No doubt accident reconstructionists will try to determine why the building was not properly shored up.

Bay Street east of Liberty had to be closed as dozens of emergency vehicles are in front of the Bay Street building.

Police say stay away from the area. Bay Street between Liberty and A. Philip Randolph Blvd is closed.
Instead if you are going west, use Duval St. or Adams St. as an alternative.
If you need to go east use Monroe St. or Church St.

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

Originally posted at InjuryBoard by Eddie Farah

Warning: Watch Out for Black Friday

Eddie Farah — Wed, 21 Nov 2007 18:33:59 GMT

The day after Thanksgiving is known as Black Friday- the day for stores to open their doors to bargain shoppers looking for holiday discounts.

Two years ago it was more than a discount that Cecelia Brannen found. She and her husband were at the Wal-Mart in Starke trying to buy a laptop computer for their daughter.

Cecelia was second in line, things looked good. Then she was pushed and pushed until she landed under a pile of bodies and feet.

Now instead of saving $100, she's spent $100,000 on medical bills.

The Brannens have sued Wal-Mart for its failure to control the crowds. Cecelia says they should have handed out tickets to the first people on line.

"The next thing I know I was on the floor in the fetal position praying to God that somebody would find me. They stepped on my thighs, my breast, on my shoulders. I had bruises all over my body.

Ronald Brannen calls it America's version of running with the bulls.

Today Cecelia says she is in constant pain and walks with a cane. Her attorney, Charles Sorenson, says he has handled several similar cases against the giant retailler. All usually settle out of court with a confidentiality clause. Sorenson believes for every once lawsuit, ten go unreported.

In a statement Wal-Mart released to First Coast News it says, "The safety and security of customers and associates is a top priority at Wal-Mart. We have enhanced our training and procedures to help prevent unforeseen circumstances, however rare. We also have scheduled additional staff to help ensure that our customers' shopping experience is as smooth as possible."

Black Friday is this week. Please be careful out there.

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

Originally posted at InjuryBoard by Eddie Farah