Worker's Compensation

October 7, 2015

El Faro Likely Sank In Hurricane Joaquin

by Whittel & Melton, LLC

The Coast Guard announced Monday that the El Faro, a cargo ship that left Jacksonville on September 29 for a routine trip to Puerto Rico, likely sank in the Atlantic while caught in the powerful Category 4 Hurricane Joaquin.

On board were 33 crew members.

Crews have found items from the ship, including several survival suits, a life ring and two lifeboats. One of the suits had a body in it that has yet to be identified.

The spot where they think they ship sank is 15,000-feet deep and somewhere near Crooked Island in the Bahamas. All communications were lost at 7:20 a.m. Thursday.

Following the search and rescue mission, the National Transportation Safety Board and Coast Guard will start their investigations.

According to records obtained from the American Bureau of Shipping, the El Faro had up-to-date safety inspections. The ship was last inspected by ABS on Feb. 13. It received annual endorsements for Load Line, Cargo Ship Safety Construction, and Cargo Ship Safety Equipment. According to ABS, the El Faro had no statutory deficiencies as of its last reporting.

Tim Nolan, president of TOTE Maritime, which owns El Faro, released a statement Monday afternoon:

“At this point in time, the entire TOTE Maritime Puerto Rico family is distressed that it now appears the El Faro sank at or near its last known position on Thursday October 1, 2015. We continue to hold out hope for survivors. Our prayers and thoughts go out to the family members and we will continue to do all we can to support them. The efforts and assistance from the US Coast Guard has been extraordinary and we continue to be grateful for their dedication and efforts to find surviving crew members. TOTE Maritime Puerto Rico continues to work closely with the Coast Guard in ongoing search and rescue.”

While the media and public might believe the ship is gone, Coast Guard search teams as well as families of the missing crew still have hope that they will find survivors. Hurricane weather conditions do make survival more difficult, but it is important to note that a person can survive four or five days in warm water.

August 10, 2015

Man Falls 3 Stories in Construction Site Accident

by Whittel & Melton, LLC

A man fell about three stories at a construction site on International Drive Thursday afternoon.

According to an Orange County spokeswoman, the man was conscious when firefighters reached him.

The man, in his 40s, was taken by helicopter to Orlando Regional Medical Center, according to reports.

The construction site is near International Drive and World Center Drive.

He was under a trauma alert, which means he was in serious or critical condition.

It is not clear how the man fell from scaffolding.

Scaffolds are temporary structures that are designed to elevate a construction worker and materials to a height. Usually scaffolds are used to walk around a structure.

Improper connections and sharp corners can result in minor scaffolding-related injuries like cuts and bruises. Plank failures, falling planks, pipe failures, falling pipes, support failures, falling supports, falling objects and falls to the ground can lead to severe scaffolding-related injuries such as traumatic brain injuries, amputations, fractures, paralysis, nerve damage and wrongful death.

If you or a loved have been injured while working at a jobsite, you and your family may be entitled to receive financial compensation for health care, medical expenses, medical bills, loss of income and pain and suffering.

September 17, 2014

Orlando Semi Driver Crushed by Steel Beams in Freak Crash with Fire Truck

by Whittel & Melton, LLC

A semi driver killed Wednesday after he was crushed when his load shifted while yielding to a fire truck near St. Cloud was identified by the Osceola County Sheriff’s Office this week.

The 32-year-old Orlando driver stopped his semi abruptly to yield to an Osceola County fire truck turning onto Narcoossee Road with its lights on and sirens blaring, according to Florida Highway Patrol.

Witnesses told troopers the firetruck stopped at a stop sign on Yukon Street just before it turned onto Narcoossee Road.

The FHP claims that when the semi driver hit the brakes, the steel beams he was carrying moved and crushed him.

Florida residents who have lost loved ones know the grief that follows immediately after. When death is sudden and unexpected, the pain can be almost unbearable, especially when the death was avoidable, as is usually the case with fatal motor vehicle accidents. Fatal accidents should be investigated to determine the exact cause, so that any party that is found negligent can be held responsible for their actions by either a criminal or civil lawsuit.

Any type of accident that ends in fatality can be extremely difficult to handle. At Whittel & Melton, our Wrongful Death Lawyers understand how much you are hurting right now and are here to help. While we know that adequate compensation through a wrongful death lawsuit will not bring your loved one back, it can help you move forward and give you the financial security needed to maintain your lifestyle and provide for you and your loved ones in the future.

August 27, 2014

Wet ‘n Wild Employee in Critical Condition after being Trapped Underwater while Cleaning Pool

by Whittel & Melton, LLC

A Wet ‘n Wild worker remains in critical condition after he was trapped under water while cleaning one of the pools at the theme park Tuesday morning, according to officials.

Orlando police responded to the scene at 10:07 a.m. where an “industrial accident” was reported at the Universal Orlando park.

Another employee called for help while a third worker pulled the trapped man out of the water, according to a police spokeswoman.

The man was treated at the scene before he was transported to Dr. P. Phillips Hospital.

The Occupational Safety and Health Administration is investigating.

A Universal Orlando spokesman made the following statement: “At the moment, our attention is focused on assisting our team member and his family. We are also working to understand exactly what happened, but have nothing else to share at this time.”

Water parks are a great way to cool off from Florida’s hot summer months, but as this case shows, they can also lead to pretty serious accidents resulting in severe personal injuries and even death. If the park’s owners fail to take certain precautions, such as making sure all rides are functioning properly, eliminating slippery surfaces, maintaining their property or properly training lifeguards and other staff members, serious consequences can result. Water park negligence in Florida can place many people, including patrons and employees alike, at risk of suffering traumatic brain injuries, skull fractures, spinal cord injuries, neck and back injuries, broken bones, paralysis, drowning and death.

While we usually hear about visitors and guests suffering injuries at an amusement park, keep in mind that employees of amusement parks are also vulnerable to injuries from accidents. Should an unfortunate incident lead to a workplace injury, an employee could be entitled to workers’ compensation. Moreover, if a work-related injury is the fault of another party’s negligence, a personal injury claim seeking financial compensation for damages can be filed against the responsible party.

August 1, 2013

Florida Injury Lawyer :: 9 Injured in Tavares Gas Plant Propane Explosions

by Whittel & Melton, LLC

At least nine employees of the Blue Rhino gas plant in Tavares were injured late Monday night in a series of propane explosions.

At this time, no fatalities have been reported.

There were nearly 53,000 propane tanks where the blasts took place. Residents of the area say the explosions were visible from 10 miles away and continued for at least 30 minutes.

According to Tavares fire officials and federal authorities, the explosions at the Lake County propane depot are believed to have been set off by equipment failure and human error.

Investigators had to call of their probe Tuesday due to the risk posed by a large, leaking storage tank at the plant.

The Occupational Safety and Health Administration have also opened an investigation into this incident.

According to state records, the plant passed inspections by the Florida Department of Agriculture and Consumer Services in March and as recently as July 19 with no violations.

Firefighters, police and paramedics reported nine injuries Tuesday, eight of whom were workers. Five of the injured employees were listed in critical condition Tuesday.

Gas explosions are generally caused from some sort of negligence on the part of an individual or company. A propane explosion occurs from a gas leak of some kind in combination with an ignition spark. Gas tanks, pipelines and valves are supposed to be leak-proof, so when a leak does occur that results in an explosion, more often than not negligence is to blame. Any number of negligent acts could cause the leak, or even the spark. Poor design, flaws in the manufacturing process or improper installation, inspection, maintenance or repair could all lead to an accidental explosion.

Unfortunately, when a blast occurs, often those within the space or near the site suffer serious injuries. These injuries can be permanent and life-changing, and even result in death. Propane explosion injuries often include:

• Broken Bones
• Burn Injuries
• Lacerations
• Disfigurement
• Amputation
• Traumatic Brain Injuries
• Spinal Cord Trauma
• Catastrophic Injuries

December 9, 2011

Florida Burn Injury Lawyers Whittel & Melton :: Gas–Tank Explosion in Miami-Dade County Injures Four People

by Whittel & Melton, LLC

The Miami-Dade Fire Rescue has confirmed that four people were injured in a gasoline-tank explosion Tuesday afternoon at a machine shop in Medley, Florida.

Workers were supposedly cutting into an empty fuel tank that apparently was not cleaned properly on the inside and had fumes built up.

According to the Sun-Sentinel, the sparks hit inside the tank and created an explosion injuring three workers and a fourth one standing nearby.

While it was noted that the explosion was violent, it did not cause a fire.

The Miami-Dade Fire Rescue was called to the scene at 12:37 p.m. Three of the workers were airlifted to the burn center at Ryder Trauma Center, while the fourth was transported by ground.

Gas-tank explosions can ultimately result in catastrophic thermal burns, scarring, broken limbs, brain injuries, spinal cord injuries and even wrongful death. People suffering from injuries related to an explosion often require a lengthy recovery period, which can result in a loss of income while recuperating away from the workplace. People suffering serious burn injuries run a high risk for infections that usually call for extended hospital stays. Some explosions may cause disfigurement that requires plastic surgery. Most explosion victims suffer a variety of injuries, causing substantial pain and suffering. Many victims of explosions can sustain life-altering brain and spinal cord trauma that could potentially keep them from ever being able to work again.

Many gas-tank explosions can be traced back to inadequate maintenance, improper cleaning techniques, defective components and poor training procedures. When this type of negligence is the cause of your injuries, the Florida Burn Injury Lawyers at Whittel & Melton can assist you and your loved ones in developing a strong case for compensation for injuries, lost wages and other costs related to an explosion accident.

Employees who sustain a work-related burn injury are entitled to workers’ compensation for their injuries. In the state of Florida, this includes payment for:

• Medical expenses
• Disability
• Rehabilitation
• Death benefits and Burial Expenses in wrongful death cases

However, in Florida, some work-related incidents also give rise to a separate negligence action when the injury, or death, is caused by a third-party factor. This could be a product defect, construction site defect, the negligence of another contractor or subcontractor, etc. Call our office for a complete evaluation of your case, even if you have already begun a Worker’s Compensation claim. You may be entitled to additional benefits.

The Florida Burn Injury Lawyers can thoroughly investigate your claim, research relevant workers compensation benefits and advise you and your loved ones on every aspect of your case.

November 2, 2011

Florida Wrongful Death Attorneys Whittel & Melton :: Disney’s Lack of Safety Protocols and Employee Errors Found to be Primary Causes of 2009 Monorail Fatality

by Whittel & Melton, LLC

The National Transportation Safety Board released a 14-page report on Monday citing a pair of employee errors as the main causes of a July, 5, 2009 monorail accident that killed a 21-year-old resort employee at Walt Disney World in Orlando, Florida.

The federal investigation has taken nearly two-and-a-half years to conclude that employee errors in combination with Walt Disney World’s lack of standard operating procedures contributed to the tragedy that occurred when one train traveling in reverse smashed into another.

The accident supposedly happened around 2 a.m. when Disney’s monorail train was shutting down for the night. One train was supposed to be exiting the Epcot loop and onto the “switch beam,” which required the train to be operated in reverse. The track switch was allegedly never activated which caused the train to reverse down the Epcot line and slam into another train killing the driver.

NTSB is not the first agency to cite Disney for its role in the accident. The U.S. Occupational Safety and Health Administration cited Disney with four safety violations in its initial review of the accident that resulted in a $35,200 fine to the resort. NTSB estimated property damage at around $24 million.

NTSB and OSHA concluded that an employee in the monorail’s maintenance shop failed to position the switch beam properly. It was supposedly found that the manager was operating as the monorail system’s coordinator temporarily and was not in the system’s control tower when the track-switch procedure happened, so he could not identify the problem with the track.

Disney was faulted in three areas.

First, investigators found that Disney did not require employees to follow a monorail operating guide which shows drivers how to properly drive in reverse in a forward-facing position.

Second, NTSB found that Disney did not have a policy that required the monorail central coordinator to be stationed in the control tower to monitor train movements. This was found to be a major error on Disney’s part since the tower is equipped with a grid showing how the monorail beams are aligned and an emergency shutdown switch to stop all movement in case of an emergency.

Third, Disney apparently allowed employees in the monorail shop to use the video monitors to confirm that a train was not already on the beam before activating the switch, instead of using them to validate that the track had actually been readjusted following a command.

All three issues were supposedly referred to in a series of policy changes made by Disney management in an effort to improve operations.

According to the chief safety officer at Disney, monorail system operations were already enhanced before receipt of the actual NTSB brief, which apparently offers no additional suggestions than what has already been imposed.

Commuter rail and train accidents do happen in Florida, despite the ultimate lack of commuter transportation throughout the state. Monorails are mostly located in vacation resorts throughout the U.S., but can also be found in airports, amusements parks and even business districts. When an employee of a city, state or privately owned monorail system is injured or killed on the job, worker’s compensation benefits can kick in for the victim’s family. This can include wage loss payments and any medical expenses, but like most legal claims there is a time cap on when a claim can be filed. If you are the family member or dependent of an employee who was killed from injuries sustained throughout the course of employment, the knowledgeable Florida Worker’s Compensation Attorneys at Whittel & Melton can inform you about workers’ compensation death benefits that you and your family may be entitled to.

According to the Bureau of Labor Statistics, as of 2010, 4,547 fatal workplace injuries occurred across the United Stated, just faintly below the 4,551 fatalities that happened in 2009. At Whittel & Melton we recognize that a lawsuit cannot heal the loss of a loved one, but if the deceased was a wage earner and provider for the family, it is important to consider your future financial stability. Our attorneys can take on the burden of legal and financial matters so that you can focus on your family’s healing process. When a workplace accident caused the wrongful death of an employee, a spouse, child, parents or siblings may be entitled to benefits like monetary compensation. We may be able to help you recover compensation for:

• Medical and funeral expenses
• Loss of income and insurance or pension benefits
• Loss of companionship
• Punitive damages
Sometimes there are third party claims that factor into fatal workplace accidents. Third party claims involve a person or organization other than the injured party or his or her employer whose negligence may have contributed to an employee’s injuries or wrongful death. Third party claims can possibly provide more financial benefit to beneficiary dependents’ than what is typically available from workers’ compensation insurance.

April 19, 2011

Ocala, Florida Workplace Accident Lawyer :: Ocala Man Dead After Being Crushed by Loader

by Whittel & Melton, LLC

A 56-year-old Marion County father of three was killed Friday after a front-end loader fell on him while working at Construction Tire & Industrial Supply in Ocala, Florida. The Ocala Police Department and Ocala Fire Rescue Officials were on the scene shortly before 9:30 a.m.

According to the Ocala Star Banner, other employees had used a forklift to lift the front of the loader off the victim before rescue crews arrived. The man was airlifted to Shands at the University of Florida in Gainesville in critical condition. He was reported dead by Ocala Police officials around 1 p.m.

The deceased was changing a tire on the loader when the left side gave way and fell on top of him. He was trapped by the Volvo L90E wheel loader with an operating weight of 33,290 pounds.

Officials with OSHA in Jacksonville continued their investigations until the late afternoon.

Some jobs are naturally risky forms of work. Workers’ Compensation laws happen to exist for the protection of employees who get injured on a work site or in the line of performing their jobs. Florida’s worker’s compensation does pay a portion of the injured worker’s wages and medical bills. Generally, these payments prohibit suing the employer, but when a third party is responsible, such as the builder of defective equipment and machinery, exceptions can be applied to hold other negligent individuals or businesses liable when they may have performed a task that caused the worker’s injury to occur. These compensation laws also entitle family members of the deceased to death benefits.

April 1, 2011

Tampa, Florida Accident Attorney :: Construction Worker Stuck in Cement Hopper in North Hillsborough County

by Whittel & Melton, LLC

Hillsborough County Fire rescue responded to a construction scene in Lutz, Florida Monday where a worker fell into a cement hopper that trapped his arm and shoulder. He was transported to Tampa General Hospital with non-life threatening injuries.

Fourteen firefighters responded to the scene at 2:37 p.m. According to MSNBC, the man’s arm and shoulder were freed by 3:37 p.m. after the cement mixer was disassembled.

A surgeon was flown to the accident site as a precaution.

Property owners, developers, and construction managers have a responsibility to keep their buildings and properties safe from issues that could cause an accident to an employee or visitor. This means equipment needs to be maintained, debris or materials must be stored safely so that slip and falls do not happen, toxic substances or hazardous objects should not be on site, all employees hired need to have proper training, proper building safety codes should be enforced and everyone on site from employees to visitors should be notified of unsafe areas within the vicinity of the property.

Through the state of Florida’s worker’s compensation laws, most employers must provide proper coverage for workers’ by paying into the Worker’s Compensation Insurance Program to protect their workers. Eligibility for worker’s compensation benefits depend on if the employee in question can prove they were injured on site during their term of employment. If injuries prove to be work-related then the employee can be compensated for lost wages and medical bills.

The man featured in this story could recover from third parties outside of the workers compensation system depending on what caused the injuries sustained. Accidents involving a construction site can be convoluted because of the many contributors implicated in the construction site including the owner, the general contractor and multiple subcontractors. If the injuries are caused by faulty machinery, the manufacturer of the flawed equipment may also be responsible for the damages.