A construction equipment operator was killed Wednesday morning in an accident at Tampa International Airport.
The incident occurred around 7:40 a.m. when workers were working on a shuttle guideway project, according to a news release.
The investigation is ongoing. Flight operations continued unaffected.
Accidents at work can cause severe injuries or even death. All employers in Florida with four or more employees are required by law to carry workers’ compensation insurance. No matter how many employees are currently working, construction companies in Florida are obligated to offer this insurance to every employee. This insurance is intended to offer monetary compensation for injuries sustained by employees while performing their duties. In the terrible event that an employee passes away at work, the compensation may cover funeral and burial expenses in addition to medical bills, lost earnings, and other recovery-related expenses to those who have been injured.
Employers who follow state law and purchase either private or state workers’ compensation insurance, or self-insure, are well-protected against any injured employees or families of those who are killed from suing them.
There are exceptions to this immunity. Sometimes, workers’ compensation insurers will refuse compensation claims, arguing that an injury did not occur while the employer was at work, to avoid making payments. In those circumstances, the employee would be permitted to file a typical personal injury claim stemming from negligence.
Then there is the question of what happens when there are various vendors on a construction site (foreman, contractors, sub-contractors, etc.) who may work for the same employer or a different employer. This can present different forms of liability, which can create a diverse situation where liability lies with a third party. This means that the injury victim could have a third-party liability claim in addition to a possible worker’s compensation claim.
If the injured party is not an employee of the same employer as the person(s) who are responsible for the injury, an employee may file a lawsuit against any third party. This may seem like a complicated process, but our team of Construction Liability Lawyers at Whittel & Melton can offer valuable insight and legal guidance for your personal injury claim.
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Officials say a worker doing construction on central Florida’s massive highway expansion project was killed after being struck by a drainage pipe.
According to the Orange County Fire Rescue, the worker was struck by a 20-foot iron pipe on Monday.
Workers were moving the pipe when it fell and hit the worker in the head along Interstate 4 near Winter Park, Florida.
The sheriff’s office is investigating.
If you have lost a loved one in a construction accident that could have been prevented, you may have a wrongful death claim. After a construction accident results in injury or death, it is important to investigate the site in the same condition as it was when the accident occurred. Construction sites are constantly changing, and owners may attempt to cover up a dangerous situation that caused the accident, or it could be fixed as part of the construction job.
Losing a loved one in a construction accident could entitle you to financial compensation for damages. Our Florida Workers Compensation Attorneys at Whittel & Melton can review the facts of your case and determine what steps to take next. We work on a contingency fee basis, so we don’t get paid unless there is a settlement or recovery of funds made on your behalf.
Older people are dying on the job at a higher rate than all other workers combined, even as the rate of workplace fatalities decreases, according to an Associated Press analysis of federal statistics.
This is an alarming trend as baby boomers reject the traditional retirement age of 65 and keep working. The U.S. government estimates that by 2024, older workers will account for 25 percent of the labor market.
Gerontologists say those changes include gradually worsening vision and hearing impairment, reduced response time, balance issues and chronic medical or muscle or bone problems such as arthritis.
In 2015, about 35 percent of the fatal workplace accidents involved a worker 55 and older – or 1,681 of the 4,836 fatalities reported nationally.
The AP analysis showed that overall workplace fatality rate for all workers – and for those 55 and older – decreased by 22 percent between 2006 and 2015. But the rate of fatal accidents among older workers during that time period was 50 percent to 65 percent higher than for all workers, depending on the year.
The number of deaths among all workers dropped from 5,480 in 2005 to 4,836 in 2015. However, on-the-job fatalities among older workers increased slightly, from 1,562 to 1,681, the analysis shows.
During that time period, the number of older people in the workplace increased by 37 percent. That compares with a 6 percent rise in the population of workers overall.
The AP analysis is based on data from the Bureau of Labor Statistics’ Census for Fatal Occupational Injuries and from one-year estimates from the American Community Survey, which looks at the working population. It excludes cases where the cause of death was from a “natural cause,” including a heart attack, stroke among others.
AP also examined the number and types of accidents in which older workers died between 2011, when the bureau changed the way it categorized accidents, to 2015:
An Associated Press-NORC Center for Public Affairs Research poll found in 2013 that 44 percent of older Americans said their job required physical effort most or almost all of the time, and 36 percent said it was more difficult to complete the physical requirements of their jobs than it was when they were younger.
In most states, the fatal accident rates for older workers were consistently higher than comparable rates for all workers.
Nevada, New Jersey and Washington had the greatest percent increase in fatal accident rates for older workers between 2006 and 2015.
The three states with the biggest percent decrease were Hawaii, Oregon and Vermont.
Eight states saw their overall workplace fatality rate drop, even as the rate for older workers increased: Massachusetts, Michigan, Montana, Nevada, New York, Texas, Utah and Washington.
In two states – North Dakota and Wisconsin – the trend was reversed; older worker accident rates got smaller while the accident rate overall increased.
If you have been injured on the job, one of the most important things you can do is to report it. While this might seem obvious, there are many times a person is injured without requiring immediate medical attention, so it might seem like a good idea to take a wait and see approach and not report the incident. However, when an accident is not reported, your employer could deny you medical treatment and benefits for missed time from work. By reporting any workplace accidents properly, you can prevent many potential hassles.
A third man has died from injuries he suffered in the TECO Big Bend Power Plant accident last week.
The 21-year-old died on Wednesday. He was a contractor who worked for BRACE Industrial Group.
This man was one of the six workers involved in the accident at TECO Big Bend Power plant.
Officials said molten hot slag rushed out of a coal stack, spewing onto the victims.
Two of the men in that accident died immediately.
Three other people remain in the hospital from the accident.
The families of workers who are killed in an accident while on the job may be entitled to financial compensation on their loved one’s behalf under the Worker’s Compensation Act. When an employee dies from a work injury or an occupational disease, the Worker’s Compensation Act provides benefits to cover wage loss, medical expenses, and some burial expenses to dependent spouses and children.
Worker’s compensation claims can be complex cases. Our Florida Worker’s Compensation Claims Lawyers at Whittel & Melton can make sure you know what you can expect from your claim. We seek a full and fair settlement in every case we handle, but we always prepare for trial to make sure you are not stuck with a lowball settlement that won’t cover all of your expenses.
Two workers have been seriously injured while assisting the move of a 150-ton power plant transformer from Riverview to Lakeland Electric’s McIntosh Power Plant, according to reports.
According to the Florida Highway Patrol, a 24-year-old man was walking alongside the 300-foot trailer Saturday when he tripped on a raised concrete line marker and fell into the path of a wheel.
Then, a 27-year-old man tried to help the other man and was also struck by the trailer, which was traveling at about 2 miles per hour. The incident occurred near the end of the trip.
The report says both men were taken to Lakeland Regional Hospital in serious condition.
Our Florida Worker’s Compensation Lawyers at Whittel & Melton are ready to help you if you have been injured while on the job. We can help with the following types of cases:
If you or someone you love has been injured in a work accident, we can help with your claims. We strongly urge you to focus on your recovery, and leave the legal matters to us.
Dozens of people have fallen ill after a carbon monoxide leak at a Miami office building.
According to Miami-Dade Fire Rescue, high levels of carbon monoxide were found on the second floor Monday afternoon.
Miami-Dade Fire Rescue spokeswoman said several people were showing signs of carbon monoxide poisoning.
At least 17 people were taken to hospitals, while dozens more were treated at the scene and released.
About 80 people were sent home because they felt sick. Approximately 400 people work at the building.
Officials say the source of the leak came from the drains in the first floor bathrooms.
Reports indicate that an environmental assessment company has been contacted to ensure necessary repairs are made.
Carbon monoxide is a colorless, odorless gas by-product that interferes with the delivery of oxygen in the blood to the rest of the body. It is often referred to as the “silent killer.” This type of toxic exposure usually results in physical problems, neurological problems, and even death.
Symptoms of carbon monoxide poisoning are often confused with the flu or food poisoning. Depending on the amount inhaled, this gas can cause:
The National Transportation Safety Board believes El Faro, the cargo ship that went missing during Hurricane Joaquin, has been found in the Atlantic Ocean about 15,000 feet below the surface.
The NTSB said the USNS Apache used sonar equipment. The technology first detected the vessel Saturday afternoon.
Specialists on the Apache will use a deep ocean remotely operated vehicle to survey and confirm the identity of the wreckage. The survey could start as early as Sunday.
NTSB said the sonar detection is consistent with a 790-foot cargo ship. The vessel appears to be upright and in one piece.
If the vessel is confirmed to be El Faro, the remote will use a video camera to document the vessel and debris field in order to locate and recover the voyage data recorder.
El Faro went missing on Oct. 1 during Hurricane Joaquin. The Coast Guard searched for the boat for many days before the NTSB contracted the U.S. Navy to take over the search.
El Faro had 28 crew members from the United States and five from Poland. The ship was heading to Puerto Rico on Sept. 29 from Jacksonville on a regularly scheduled cargo supply run.
Reports indicate that the ship had lost power, had taken on water and was listing 15 degrees but that the situation was “manageable,” in their last communication, according to ship owner TOTE Maritime Puerto Rico.
Joaquin was a Category 4 hurricane when El Faro got caught in the storm. According to reports, the ship had 391 shipping
containers on board, making it quite top-heavy as it tried to navigate through Joaquin’s 50-foot waves.
Anyone who has spent time earning a living on the ocean knows that this is a risky trade. The unpredictability of the ocean places even the most experienced of sailors and the strongest of ships in constant danger. These conditions demand professionalism from all of the crew members of any sea vessel, whether it is a cruise ship, cargo ship, fishing boat, tugboat, or anything else. Any lack of competence places all the lives on board at risk.
Despite the fact that working on the ocean is inherently dangerous, this fact alone does not absolve the shipowner, captain or crew members from being at fault if one of their employees or fellow workers suffers an injury or death due to negligence.
The family of a sailor aboard the El Faro, the cargo ship that sunk while out to sea during Hurricane Joaquin, is filing a $100 million lawsuit against the vessel’s owner and captain.
The lawsuit was filed in Duval County Court on Wednesday.
The man was among the 33 men and women aboard the freighter that sunk Oct. 1 in 15,000 feet of water east of the Bahamas.
The suit alleges that Tote Maritime and its captain were negligent in choosing to sail a 41-year-old cargo ship into dangerous weather. The lawsuit claims that Tote needs to place more emphasis on employee safety and less on profits.
Tote has not yet issued a response to the lawsuit.
Wrongful death suits are are usually quite complex and some of the hardest lawsuits to file, mostly due to the high level of emotion behind these cases and the grieving process that surviving family members are still going through. Despite the hardships of these cases, they are necessary, as consulting with a wrongful death lawyer can help the family recover compensation from the at-fault party to pay for costly expenses like a funeral, lost wages, and emotional pain and suffering.
The Coast Guard announced today its plans to end its search at sunset for 33 missing crew members from a U.S. cargo ship that sank last week during Hurricane Joaquin.
Coast Guard officials made the announcement at a 3 p.m. news conference Wednesday.
The 790-foot cargo ship sank Thursday off the Bahamas during Hurricane Joaquin, a Category 4 storm with 140 mph winds that was producing 50-foot waves.
Officials believe the ship’s captain had plans to go around the storm as he headed from Jacksonville, Florida, to Puerto Rico but the El Faro fell victim to unexplained engine failure that left it unable to avoid the storm.
Federal investigators announced they still hope to recover a data recorder from the ship as search crews continue looking for any survivors.
The National Transportation Safety Board sent a team to Jacksonville on Tuesday to begin the agency’s inquiry, which will help get to the bottom of the question of why the captain, crew and owners of El Faro decided to risk sailing in hurricane waters.
Another unanswered question is whether the five workers whose job was to prepare the engine room for a retrofitting had any role in the boat’s loss of power, which set the vessel adrift in the stormy seas. Officials from Tote Inc., the vessel’s owner, do not believe this to be true. However, the answers determined will help investigators figure out why the boat apparently sank near the Bahamas, possibly claiming the lives of all 33 aboard.
The ship is believed to have gone down in 15,000 feet of water after reporting its last known position last Thursday. One unidentified body has been found.
When the El Faro left Jacksonville on Sept. 29, five workers from Poland came along with 28 U.S. crew members to do some preparatory work in the engine room, according to reports. It is not believed that this work would have had anything to do with what affected the propulsion.
The El Faro had no history of engine failure, and company records show it underwent its last annual Coast Guard inspection in March.
The American Bureau of Shipping, a nonprofit organization that sets safety and other standards for ships, did full hull and machinery inspections in February and reported no problems.
The loss of this vessel is undoubtedly a tragedy to all parties involved, including the families of the missing crew. If negligence was a factor in this accident, which resulted in engine failure, this could be grounds for a wrongful death lawsuit, or an injury suit if any survivors are located.
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