Category Archives: Work Injury

FELA: Durable and still going strong

Opinion analysis: Court restricts lawsuits against out-of-state railroads does not itself create a special rule authorizing jurisdiction over railroads just because they happen to do business in a particular place, the court emphasized.

Second, the court continued, a Montana rule that allows courts in the state to …

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Appeals court: Ex-rail worker can keep $21M judgment for foot severely injured in accident on job state appeals court has upheld a $21 million judgment for a railroad worker who hurt his foot on the job.

The panel said Norfolk Southern failed to cite federal precedent to support its claim a disability award was improper for a FELA …

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Supreme Court: General Personal Jurisdiction Test Applies to All Actions

In BNSF Railway Co. v. Tyrrell, 137 S. Ct. 1549 (U.S. 2017) (No. 16-405), plaintiff employees sued the defendant railroad under the Federal Employers’ Liability Act (FELA) in Montana state court.

The defendant was neither headquartered nor incorporated …

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Amtrak building manager says company violated FELA through two injuries he suffered since 2014 Amtrak building manager claims the company violated the Federal Employers Liability Act (FELA) on two occasions in the past three years, when he suffered two injuries in the course of his employment and/or tenure with the company.

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FELA: Durable and still going strong

Railroads abhor it; labor leaders adore it.

The most senior and conservative Republican in the U.S. Senate is its staunchest supporter.

Say hello to the 109-year-old Federal Employers’ Liability Act (FELA), which has nothing to do with federal workers …

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Lawsuit: Amtrak trackman and driver’s shoulder injuries are the result of FELA violation Amtrak trackman and truck driver has accused the train transportation company of violating the Federal Employers Liability Act (FELA) by not making for a safe workplace, which he says led to his serious shoulder injuries.

Adam R …

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Former Amtrak electrician says company at fault for career-ending hand injuries Amtrak electrician has alleged the train transportation company violated the Federal Employers Liability Act (FELA) by not providing a safe workplace, and causing an electricity accident that left him with severe, career-ending …

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Former railroad conductor and brakeman alleges his kidney cancer was caused by toxic substance exposure

A former train conductor and brakeman of 36 years claims a trio of rail companies violated the Federal Employers Liability Act (FELA) by neglecting to provide him a safe workplace, and allegedly causing him to contract kidney cancer …

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Union Pacific prevails at Supreme Court in St. Clair County FELA case Pacific Railroad, which won a jury verdict in an employee’s injury trial but lost it at the Fifth District appellate court, regained its victory at the Illinois Supreme Court on Feb. 17.

The Justices ruled that Union Pacific …

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CSX Escapes $2M Verdict As Fla. High Court Drops Case

The duty at issue in the instant case is well-established, Manko said: “Under FELA, railroads owe a duty to exercise reasonable care to both provide a safe workplace and, as part and parcel of that duty, they have a duty to exercise reasonable care to …

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Up to 18% of injured workers not returning to work after one year

Up to 18% of injured workers not returning to work after one year 11% and 18% of injured workers in 15 states do not return to work within a year of their accident, a range that is in line with previous studies, according to reports released Tuesday by the Workers Compensation Research Institute.

The …

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Paterson council rejects $34,000 injury payment for retired police chief, NJ
In a split vote, the City Council on Tuesday night rejected a $34,857 workers-compensation payment for retired police Chief James Wittig, who claimed he hurt himself falling on the stairs at headquarters in 2011.

Wittig also had claimed he …

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Immigrant benefit ban removed from Ohio workers’ comp budget Senate rejected on Tuesday a controversial provision that would have denied workers’ compensation benefits to undocumented workers who are injured on the job.

House Republicans added the amendment last month to the Bureau of Workers’ …

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Milesburg business owner faces more than 800 felony charges than 800 felony charges??? This guy is S-C-R-E-W-E-D!!!

Robinson allegedly did not have workers’ compensation insurance coverage and was not exempted as a self-insurer.

An ex-employee’s injury on March 27, 2013, led to the charges, according to the affidavit.

Court documents do not specify how the former …

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Two Very Important Steps When Managing A Catastrophic Injury Claim injuries make up only a small fraction of the total number of workers’ compensation claims but account for a significant portion of the dollars spent on medical care and treatment of employees.

The proper management of these high dollar …

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Records Detail Workers’ Comp History Of Trooper Charged With Assault state police trooper arrested after a bar fight last weekend in Groton has been on either workers’ compensation or leave from work 11 times since 2004, state records show.

Jeffrey Meninno was charged with second-degree assault after sources said he …

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Workers Comp Developments Around The Country

State Supreme Court says work-release inmates can’t get workers’ comp
The West Virginia Supreme Court of Appeals issued a decision, ruling that work-release inmates do not qualify for worker’s compensation.

The lawsuit involved a work-release inmate who injured his hand in a wood chipper.

The opinion was …

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Bull rider claims workers compensation after severe injury at rodeo the age of nine, when his dad first plonked him on the back of a small calf, Mitchell Gajkowski loved rodeo life.

His dreams of a career as a bull rider …

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Injured Workers’ Benefit Fund state law requires employers to carry workers’ compensation insurance in order to protect any employee who suffers an injury on the job.

But what happens if your employer doesn’t carry the required insurance?

If my employer doesn’t have work …

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Church Volunteer Allegedly Injured During Communion Was Limited to Workers’ Comp Benefits parishioner and volunteer Eucharistic Minister at a Roman Catholic church allegedly injured as she went to distribute Communion was limited to recovering workers’ compensation benefits, and could not sue for negligence, an appellate court in New York …

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Workers’ Comp: Represent Yourself, or Hire a Lawyer? can deny claims, and when this happens, over 70% of workers accept the denial.

An attorney will work to get your claim accepted and ensure you’re not in the majority of injured workers that accept a claim denial that should have been approved.

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State Trooper on Workers’ Comp Arrested After Bar Fight comptroller records show that Meninno has been receiving workers’ compensation benefits since Sept. 16, the Courant reports.

The records do not indicate the nature of his injury. State police say Meninno’s police powers have been suspended, and …

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Maritime Accidents Around The Globe

Chemical tanker Aquarius sank after explosion in Singapore Strait the accident six crew went missing.

The exact details around the accident are unknown, as the shipowner and agent lost connection with the Indonesia tanker, loaded with fuel.

The accident was immediately reported to Malaysian Maritime …

Full details here

Qatari Ship Accident Report Published

The UK’s statutory Marine Accident Investigation Branch June 15 published its final report on the serious injury to a deck officer aboard the Qatari LNG tanker Zarga on March 2, 2015 while mooring at Milford Haven. It found that Steelite Superline Xtra …

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Argonaut Exercise in Cyprus deals with scenario of severe maritime accident at open sea

Search and Rescue Operations Exercise Argonaut 2017 continued on Thursday and the scenario provided for a severe maritime accident at open sea on a passenger ship.

Search and Rescue Operations (SAR) as well as medical evacuation operations were carried out …

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German Computer Aided Marine Contingency Planning System Developed with Tatuk GIS SDK

This project, known as Contingency Planning for Marine Pollution Control (VPS – VorsorgePlan … with respect to sustainable disaster control and hazardous materials accident prevention in German seashore areas.

VPS.system has been in use since the …

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Larger ships than expected traversing new Panama Canal unfamiliar procedure resulted in one accident last July when the Chinese container ship Xin Fei Zhou struck a wall of the Agua Clara locks on the Atlantic side of the canal, tearing a long gash in the ship hull above the waterline.

The 8,500-TEU …

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Bulk carrier MAMRY crew death, cause unknown carrier MAMRY in the afternoon June 14 reported to Greek authorities death on board, 60-year old crew died, understood in an accident.

Vessel was under way entering Aegean sea from Med, en route from Haifa Israel to Yali (Turkish or Greek, unclear …

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China and Japan Holding Maritime Talks to Prevent Maritime Clashes wants a “hotline” but China unlikely to moderate its behavior.

Chinese and Japanese officials are expected to meet for high-level talks on maritime issues in July like establishing a “hotline” to diffuse potential unintended clashes.

The new talks are a positive development between countries that regularly face off in the East China Sea, and as Japan increasingly expands its operations in the South China Sea.

However, the history of similar maritime dialogues between China and the United States should caution against expectations that they will lead to meaningful diplomatic breakthroughs, or even a moderation of risky Chinese military behavior.

China disputes Japan’s administration over the Senkaku islands in the South China Sea, which it calls the Diaoyus.

Since the Japanese government took over the Senkakus from private Japanese owners in 2012, China has regularly challenged Japan’s administration over them by sending hundreds of fishing and coast guard vessels to make incursions in the waters around the islands.

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Chemical tanker Chemroad Journey breached and aground off Phu Quy island in Vietnam the accident there were no reported injuries and no water pollution.

The weather in vicinity is bad, which additionally worsen the situation with the troubled chemical tanker.

The impact of the typhoon combined with Southwest monsoon activity at …

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Lake Michigan to get its first maritime highway

A new shipping route potentially could eliminate a million semi-trailer trucks a year from Northwest Indiana highways.

Supply Chain Solutions announced at the Rail Supply Chain Summit 2017 in the Union League Club in downtown Chicago it was launching a new cross-lake shipping route after being awarded the first marine highway designation on Lake Michigan.

The Maritime Administration will encourage freight to pass between the Port of Milwaukee and the Port of Muskegon in Michigan, which the Rail Supply Chain Summit Founder Mary Elisabeth Pitz said has the potential to greatly reduce the amount of truck traffic on the Borman Expressway passing through Northwest Indiana while en route from Michigan to Wisconsin, or vice versa.

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Australian man missing near Port Moresby after boat accident off Papua New Guinea coast“The MRCC (Maritime Rescue Coordination Centre) in PNG have worked closely with AMSA (Australian Maritime Safety Authority), Australian High Commission and Australian Defence Force, the Royal Papua Yacht Club, private members and villagers in …

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Petrobras Reports Explosion on Drillship in Campos Basin – The Maritime Executive oil firm will investigate the cause of the accident. The Norbe VIII, or NS 32, is operated by a division of Odebrecht.

She was built by DSME and is capable of drilling in water to 10,000 feet, with drilling depths to 40,000 feet.

She has previously …

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Bulk carrier St Gregory ran aground on Kokkala beach in Greece local authorities were informed about the accident and closely monitor the situation, as Greek Coastguard sent two patrol boats to the scene.

It was estimated that vessel suffered breaches during the grounding and there is water ingress bulkhead.

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Isles of Scilly lifeboat man seriously hurt during rescue coastguard and emergency services were involved in his initial treatment, before the injured man was airlifted to hospital.

The Marine Accident Investigation Branch said it was aware of …

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Swedish Club Publishes “Anatomy of an Accident” out of The Swedish Club’s Emergency Response Training program, Anatomy of an Accident focuses on a realistic incident scenario run by the Club with participants from important maritime services and support sectors.

This approach has been …

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Construction Site Accidents Seem To Be On The Rise Again

Come on kids, do I really need to repeat myself? If you’re in, on or around a construction site or zone, slow down, pay extra-close attention to your speed, lane position and surroundings and just assume the constructions workers CAN’T see you.

Waterloo woman killed in construction accident, IOWA
A Waterloo woman working in a construction site in southern Iowa has died after being struck by a vehicle.

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Man killed in South Rd industrial accident involving crane have been raised over the safety of construction workers at night after a man was killed when he was caught under a crane in an industrial accident …

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State trooper witnesses fatal motorcycle crash to a news release from Indiana State Police, the trooper was driving south on State Road 15 behind two vehicles that were slowing down for traffic in a construction zone just after 4:00 p.m. when a car turned into a driveway directly in front …

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Driver indicted in fatal I-10 crash that killed Arizona woman to New Mexico State Police, the crash had occurred in a congested construction zone near mile marker 148 on I-10.

The initial investigation revealed that a commercial motor vehicle had rear-ended a passenger vehicle — which then ran into the …

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Construction worker struck by car on Maine Turnpike in Gray 58-year-old construction worker for Pike Industries suffered serious injuries Tuesday morning when he was struck by a passing motorist on the Maine Turnpike in Gray who drifted into the breakdown lane.

Danny Lowe of Yarmouth was standing near the cab …

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Police ID victim of fatal I-81 construction zone accident police on Saturday said Micheal J. Friendly of Hazleton is the line painting crew member who died after being struck by an SUV while working on Interstate 81 on Friday night.

According to the Pennsylvania Department of Transportation, Friendly …

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Safety measures added as investigation into Amarillo I-40 deaths continues deaths and injuries happened just after 9 a.m. Saturday when a trailer being towed on eastbound I-40 came loose from the back of a pickup, causing the trailer to veer into the lanes under construction before crashing into a road paving machine and …

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APD Releases Names of Victims in Fatal Morning Accident on I-40 People Dead in Morning Accident on I-40.

The trailer continued off the road and turned up on one side, causing the sand load to hit a construction crew pickup that was …

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Construction zone crash near Union Gap leaves one injured GAP, Washington
State troopers say a man was injured after his car was rear-ended by a semitrailer near Union Gap.

Daniel Cavnar, 43, of Selah was heading east in a Nissan Versa on Interstate 82 around 8:20 a.m. when he slowed for road …

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Howell man rescued after a construction site accident, MICHIGAN
A construction accident in the Detroit-area lands a Livingston County man in the hospital after an hour long rescue.

As of late Tuesday, it is unclear what the extent of his …

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‘It’s a shame.’ Man arrested for hitting two construction workers on I-5 family have kept a memorial inside their home since the accident.

They are not ready to speak to the media, but their family will be forever changed by a work zone crash.

Bill Griffin was one of the workers injured in that Happy Valley crash. His …

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1 dead after construction accident in Mat-Su say they responded to a home off of Wasilla-Fishhook Road just after 9:30 Friday morning.

They found 42-year-old Vyacheslav Palko unresponsive.

The investigation revealed he had died from injuries sustained during a construction accident.

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3 injured in northwest Miami-Dade construction accident COUNTY, Florida
Three workers were injured Thursday morning in a construction accident in northwest Miami-Dade County, Miami-Dade Fire Rescue Lt. Felipe Lay said.

Sky 10 was above the scene as the workers were laid out on stretchers at a …

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Oakland construction accident: 9 workers hurt in collapse workers were injured Friday when a building partially collapsed at an Oakland construction site accident near downtown, forcing a desperate and successful effort to free many of them from wet concrete.

No workers were seriously injured in the collapse …

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Durant construction worker hospitalized after job site accident to the Durant Fire Department, the call came in before 8:30 a.m. when a piece of equipment at CMC Metals fell on a construction worker.

The worker suffered a cut on his leg and was transported to the hospital with non-life threatening injuries.

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‘Please slow down’ injured construction worker pleads after crash kills co-worker VALLEY, Oregon
A construction worker who was hit by a suspected drunk driver Tuesday afternoon in Happy Valley has a message for all drivers.

“I do want to say please slow down, pay attention,” said Preston Stucky.

“Just please be careful.

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Arizona work injuries

Bud Light truck rolls over, spills beer on Arizona highway driver, who was treated for non-life threatening injuries, lost control of the vehicle preceding the crash, the Arizona Department of Public Safety said.

Workers searched the canal several times but found no sign of the driver.

There was no …

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What to know as Arizona’s mandatory paid sick-leave law takes effect law allows paid leave for various reasons besides an actual sickness or injury.

Workers also may use sick leave for other problems, including those tied to domestic violence, sexual abuse, stalking or the closing of a child’s school owing to a …

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Feds Warn Arizona Commission that Lowering Workplace Injury Fines is Risky officials warned a commission overseeing Arizona’s workplace safety agency that its practice of lowering fines on companies for worker injuries and deaths violates the state’s laws and could jeopardize its ability to run its own safety program …

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Arizona warned over improperly slashing workplace safety penalties investigation by federal OSHA officials has found the Industrial Commission of Arizona’s practice of arbitrarily reducing employers’ penalties for safety violations is undermining the deterrent power of those penalties and is not permitted under …

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Three Phoenix daycare workers arrested after child abuse then arrested Perla Denise Sierra Duarte, 26, and Ruben Sandoval, 51, after both are accused of hindering prosecution and failing to accurately report the injury to police.

Sierra Duarte is the director of the preschool, and Sandoval is the owner.

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Massive workers comp scams are still as popular as ever

Beverly Hills couple targeted as leaders of massive workers’ comp scam Orange County District Attorney has filed charges against 26 doctors, pharmacists and business owners in a crackdown on an alleged $40 million workers’ compensation fraud that involved overbilling for unnecessary compound creams and urine tests.

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New Canaan Custodian Committed Worker’s Comp Fraud Wills, 37, of Bridgeport collected more than $21,000 in worker’s compensation benefits after he suffered an injury in April 2016.

Wills is a custodian at New Canaan High School.

He was later observed installing carpets and said under oath he …

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Modesto doctors accused in major fraud case plead not guilty; patients react was once a workers compensation patient of Dr. William Pistel at Stanislaus Orthopaedic.

“Whatever they were doing was doing me no good, but workers comp was getting billed,” Ozimek said.

The six local doctors charged in a $40 million fraudulent …

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Massive workers comp fraud ring uncovered in California than two dozen doctors, pharmacists and business owners in California are facing insurance fraud charges in an alleged $40 million fraudulent workers compensation medical billing and kickback operation uncovered by federal, state, and local …

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Appeals Court Affirms Texas Physician’s Workers’ Comp Fraud Conviction

Douglas was convicted and sentenced to five years’ imprisonment for overbilling Texas Mutual for medical evaluations performed on injured workers.

Before the 2014 conviction, Texas Mutual had investigated Douglas and Western Medical Evaluators, …

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Modesto doctors mum on allegations of large fraud, kickback scheme news release claims the Kings purchased the creams from Steven’s Pharmacy for $15 to $40 per tube, but workers compensation insurance carriers were billed $250 to $700 for each tube.

The Kings also are accused of a scam involving the purchase …

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Golfing leads to workers comp fraud conviction Montana man who was videotaped lifting furniture and playing golf while collecting workers compensation benefits pleaded guilty to a charge of criminal theft and will have to pay back nearly $27,500, according to a statement issued Thursday by …

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Former Amsterdam employee admits to workers’ compensation scam former city of Amsterdam employee has pleaded guilty to scamming the workers’ compensation system.

The state inspector general says 51-year-old William Forte was working for the city when he claimed he wasn’t working at all.

He’s also seen using an …

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Auburn man gets jail time for using a fake name in $114K workers’ comp scam

Thurston County Superior Court Judge Chris Lanese on April 5 sentenced Pablo Francisco Castillo Murguia, 40, for felony first-degree theft and ordered him to repay $114,752 for cash benefits and medical and vocational services he wrongfully received …

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Owners of California Hotel Cleaning Firm Plead Guilty to Workers’ Comp Fraud were accused of concealing the existence of 800 employees over nearly a decade to avoid paying millions in payroll taxes and workers’ compensation insurance.

Steven Kwon pleaded guilty to felony charges related to fraud and employment tax …

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UPDATE: Crane Collapse Accident Lawsuits in the News

Crane driver kept his cool in the heat of burning cabin in the sky Industry Council of Australia board member and crane specialist Ray Brenton, who is in Sydney to speak to those involved in the crane fire and collapse at the University of Technology site on Broadway on Tuesday morning, said the operator, Glen, …

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Tabung Haji: No news on compensation payment for crane collapse victims The Pilgrims’ Fund Board (Tabung Haji-TH) has not received any news pertaining to compensation payment for victims who were killed or injured in the crane collapse incident in …

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‘Crane King’ who hasn’t paid accident victims’ families worth $200M construction magnate James Lomma — who has yet to pay any of the $96 million jury verdict awarded to the families of two men killed when one of his tower cranes collapsed in 2008 — is actually worth $200 million, lawyers for the victims …

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Raleigh fire: Apartments burn, crane collapses, cars explode Tapiak told the News and Observer of Raleigh that spreading flames caused a construction crane at the complex to collapse.

Residents of nearby apartments were jolted awake by noise and light from the flames.

“It’s incredible the amount of …

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Crane Collapse Adds to Offshore Safety Debate safety authorities are investigating the collapse of a crane on the drill floor of the North Sea offshore platform Gullfaks B.

On Tuesday, the platform’s “Eagle Arm” pipe-handling crane broke loose and fell a distance of about 30 feet with a …

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Crane Collapses On I-10 in Gulfport Mississippi

Morning traffic stopped suddenly on Interstate 10 in Gulfport, Mississippi Wednesday morning after a large crane collapsed on the interstate.

The crane was in place for maintenance on the Biloxi River Bridge, so drivers could not veer off …

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Crane collapses, damages MSU building in downtown Springfield construction crane collapsed Thursday, damaging a Missouri State building downtown.

An official with the university said the crane was being used to repair the roof at the Jim D. Morris Center, at the corner of Jefferson Avenue and McDaniel Street.

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Tappan Zee Bridge crane collapse: Builder fined $12K federal government is fining the Tappan Zee Constructors more than $12,000 for last July’s crane collapse.

The Occupational Safety and Health Administration issued a serious violation Wednesday, accusing the constructors — the consortium of …

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Workplace Deaths Down Nationally But "Still a Problem"

Police ID Operator Killed In Excavator Crash On Route 2 In East Hartford HARTFORD, CT – FATALITY
A construction worker fell to his death from the cab of an excavator that tipped over at Exit 2E on Route 2 Wednesday, according to the state Department of Transportation.

The worker, who was operating an …

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Man dies in bridge construction accident site of a fall from a bridge under construction that led to a worker’s death Monday.

The bridge west of Asheboro is part of the U.S. 64 Bypass project.

Work has been halted temporarily on the project, including a scheduled lane closing for …

Original article on the Courier Tribune

Former British Marine, 32, who survived two tours of Afghanistan falls to his death working at a mine sudden death means he leaves behind a wife and two young sons aged four and one.

Nathaniel had been living in Queensland and working at the mine while awaiting a transfer to the Australian Army.

His grieving widow Katie Beesley has lashed out at …

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Florida’s workplace death rate rises more than nation’s, data shows the most recent year-long reporting period, Florida’s rate of fatalities increased from 2.7 to 3.1 for every 1,000 workers.

Nationally, the worker-fatality rate dropped during that time from 3.43 to 3.38 per 1,000, according to the Bureau of …

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Worker dies in wind turbine site accident

A Scottish Power Renewables spokesperson said: “ScottishPower Renewables can confirm the fatality of a 37 year old man working for a contractor at Kilgallioch Wind Farm in South Ayrshire.

“A full investigation is now under way by the Police and the …

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Savage River contract worker dies after fall at Grange Resources mine, WorkSafe investigates“Scaling operations are undertaken to ensure that loose material can’t be dislodged from a work area.

“Any workplace fatality is a tragedy and the union’s thoughts are clearly with the family and friends of the deceased worker and we continue to …

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Workers' Compensation Legislation Heads to Senate

Workers’ Compensation Legislation Heads to Iowa Senate, the Iowa House of Representatives passed a bill to scale back workers’ compensation benefits in Iowa along party lines.

A similar bill is now under consideration in the Iowa Senate.

During this hour of River to River, host Joyce Russell talks …

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Work Injury Compensation Bill Moves Through Iowa House in the Iowa House have voted to alter the system that governs how employers compensate workers who are injured on the job.

Bill backers say the system has become a bonanza for some of the attorneys who file lawsuits for injured workers and …

Original WNAX story

Workers comp lawsuit against alleged Berkshire Hathaway units can proceed class-action lawsuit against purported Berkshire Hathaway Inc. units that alleges breach of contract and unjust enrichment in a workers compensation scheme will be allowed to move forward after a federal judge denied parts of a motion to dismiss the …

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Lawsuit: Defective robot killed factory worker; human error to blame said that a workers compensation claim also is in dispute right now and that Holbrook’s family has been denied benefits.

“When we were denied access to the facility, we knew we had to file the lawsuit,” Wikander said.

“There may be other players …

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