Articles Posted in Workers Compensation

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Screen Shot 2014-10-07 at 4.04.56 PMLocal News

OSHA is reportedly investigating the Tuesday afternoon, October 7, 2014, death of Kia plant employee John Dunnivant in West Point, GA.

According to the Ledger-Enquirer, Troup County authorities responded to a fatal accident at the Kia assembly plant shortly after 11:00am Tuesday morning. 57-year-old John Dunnivant apparently perished at the scene.

OSHA is reportedly investigating the accident and details have not yet been released.

Our Legal Take

Advocates for workers’ rights at The Murray Law Firm are following the OSHA investigation closely and question whether a facility safety lapse or equipment malfunction may have contributed to this tragedy.

Was the accident a result of a catastrophic equipment malfunction?

What emergency safety precautions were in place to protect employees at the time of the accident and how did these precautions fail?

By law, as Mr. Dunnivant was apparently working at the time of this tragedy, his family is almost certainly entitled to substantial workers’ compensation benefits. Additional claims may also be filed should a fatal equipment malfunction have contributed to this tragedy. Claims of this magnitude will demand Kia reevaluate safety protocols, training and equipment.

The Dunnivant family should retain an experienced workers’ compensation firm without delay to ensure all evidence, such as broken or faulty equipment, is preserved and their best interests are protected.

The Murray Law Firm works tirelessly to protect families devastated by catastrophic work accidents and we offer our legal expertise, if needed. Anyone seeking further information or legal representation is encouraged to contact us at 706.494.2800. Consultations are free and confidential.

SAC EM Update

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Screen Shot 2014-10-07 at 12.59.03 PMLocal News

61-year-old Isabel ‘Rubin’ Gomez was killed in a front end loader accident at the WBT Peanut Company in Rebecca Thursday morning, October 2, 2014.

According to WALB News, Mr. Gomez and his brother were working on the hydraulic system of a front end loader at the WBT Peanut Company when the lift arms fell on both men. Other workers apparently used a fork lift to free the two brothers from the equipment.  Mr. Gomez reportedly perished from injuries at the scene.

Per media reports, OSHA is now investigating the accident.

Our Legal Take

Advocates for workers’ rights at The Murray Law Firm are following this investigation closely and question whether a catastrophic equipment malfunction may have contributed to this tragedy.

OSHA reports being crushed by moving parts is the most commonly reported cause of death when operating a front end loader. 

When was the front end loader last inspected by WBT Peanut Company? How did the front end loader arms fall? Were safety precautions, such as lift supports, available to Mr. Gomez and working properly?

Which make and model of front end loader was being used at the time? Was the lift arm failure due to an equipment malfunction and, if so, has the manufacturer received other reports of such failures? What efforts have been made by the manufacturer to improve equipment safety following previous accidents, particularly on lift arm supports?

Should an equipment malfunction have contributed to this accident, the manufacturer of the front end loader may be held civilly liable for the wrongful death of Mr. Gomez. Additionally, as Mr. Gomez was working at the time of this accident, his family is almost certainly entitled to substantial workers’ compensation benefits per Georgia law. Claims of this magnitude, potentially in the hundreds of thousands of dollars, will demand the equipment manufacturer finally reevaluate safety features.

Given the the tragic number of front end loader fatalities reported to OSHA each year, equipment manufactures must implement proper safety precautions to protect against such tragedies. Perhaps, through these claims, many other lives may be spared.

Photographs and a thorough inspection of the equipment will need to be performed on the family’s behalf immediately. The family of Mr. Gomez should retain an experienced workers’ compensation and personal injury firm without delay to ensure all evidence, such as broken equipment, is preserved and their best interests are protected.

The Murray Law Firm has extensive experience in protecting victims of catastrophic workplace accidents and we offer our legal expertise, if needed. Anyone seeking further information or legal representation is encouraged to contact us at 229.389.4900. Consultations are free and confidential.

SAC EM Update

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Truck WarningLocal News

A construction crew member was reportedly struck and killed by a truck in an I-20 construction zone in Rockdale County Saturday evening, September 27, 2014.

According to The Covington News, a construction crew was working at mileage marker 84 along the westbound side of I-20 in Rockdale County, just after 9:30pm Satuday. One crew member was apparently walking south in the construction zone when he was struck by the back of a dump truck and trapped beneath the undercarriage. Tragically, he perished at the scene.

The Georgia State Patrol is investigating how the accident occurred and do not believe alcohol or drugs were factors in the accident.

Our Legal Take

Advocates for workers’ rights at The Murray Law Firm are following the tragic accident closely. As the victim was working at the time of his death, his family is almost certainly entitled to substantial workers’ compensation benefits per Georgia law. Additional claims may also be filed with the owner, manufacturer and operator of the dump truck, should an equipment malfunction or negligence have contributed to the accident.

Of course, legal proceedings are of little consequence to a grieving family, however, claims of this magnitude will most importantly demand the construction and trucking companies involved will reevaluate construction zone safety procedures. By demanding proper safety equipment, such as rear backup cameras and audio signals on construction vehicles, many other lives may be spared.

The Murray Law Firm works tirelessly to protect victims of catastrophic work accidents and their families. We offer our legal expertise, if needed. Anyone seeking further information is encouraged to contact us at 404.8421600. Consultations are free and confidential.