California Injury Lawyer Blog

In personal injury news, a jury in Marin County has awarded an injured elevator mechanic $11.7 million. The victim, David Travis, of Oakland, was injured in 2007 while working on the construction of an Extended Stay hotel in San Rafael. Travis, who was 38 at the time of the accident, was reportedly forced to work under scaffolding with a foot lower clearance than required by California regulations. Travis suffered herniated discs that compressed his spinal cord, and struck his head numerous times on cross-bracing. He suffers from neurological pain and constant burning and numbness, and must wear diapers. The jury found the defendant, general contractor Bison Builders, based out of Spokane, Washington, responsible for 75% of the damages.

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A 65-year-old Valley Center man working on a street repair crew was critically injured by a falling K-rail and died a short time later at Loma Linda University Medical Center., the Press-Enterprise reported. The accident occurred on the 400 block of East Washington Street in Colton, at about 10:15 a.m. on Monday, November 1, 2010. The victim, identified by the San Bernardino County Sheriff-Coroner as Dirk Vamoorot, died at 11:08 a.m. The cause of the industrial accident is under investigation by the San Bernardino County District Attorney's Office and Cal-OSHA. Based on the news reports of the incident in the Press-Enterprise and San Bernardino Sun, it is unclear what happened to cause Vamoorot to become crushed. At this point, there are more questions than answers as to what happened and who was responsible. Was this accident caused by another worker who wasn't paying attention, or did equipment malfunction? Hopefully, the investigation will yield answers as to what happened and who was ultimately responsible.

Work Injury Wrongful Death Liability

In this situation, Vamoorot's family will likely be entitled to worker's compensation benefits from his employer. However, worker's compensation benefits are inadequate to fully compensate family members for funeral and burial expenses, anticipated lifetime earnings, and loss of love, care, and companionship. While this accident is under investigation, the family of the victim would be well-advised to contact a California construction accident attorney who specializes in representing families of victims of fatal construction accidents. A skilled lawyer can review the accident, and determine who may be liable in a third-party negligence claim - employers, contractors, and even government agencies. These are specialized wrongful death claims with unique and often challenging liability issues. However, an action outside of worker's compensation benefits can substantially compensate the family for their loss and hold whoever was responsible for this accident financially accountable.

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Two window washes were very critically injured in an accident Saturday in Orinda, Mercury News reported. The two men, Jose Herrera, 51, and Eduardo Guerra, 30, were working for Santa Clara-based Delta Window Cleaning, when the accident occurred outside a three-story Orinda office building around 9:48 a.m. The incident occurred in the parking lot of the Village Square Shopping Center on Orinda Way where the Orinda Farmers Market was underway.

According to ABC News, Herrera and Guerra were in a cherry picker about 50 feet in the air when they hit some high-voltage power wires. Both men were electrocuted and suffered burns over more than 95% of their bodies. Several people at the nearby farmer's market witnessed the explosion and watched helplessly as they cherry picker bucket burned above the ground.

According to the Moraga-Oranda Fire District, when firefighters arrived, they found two victims on a lift platform about 50 feet off the ground, a large crowd in the area, and a live high voltage electrical wire down on the ground. Working cooperatively with police personnel, bystanders were moved back from the arcing power lines while firefighters tried to find a way to lower the lift platform. They were unsuccessful due to electrical damage to the lift controls. Rescue operations were complicated because the victims were trapped fifty feet above the ground near the power lines. Battalion Chief Randy Trumpf said, "We could not affect a rescue until the electrical power could be handled safely to avoid injury to bystanders and rescuers".

The two men were airlifted to the burn center at Santa Clara Valley Medical Center with second- and third-degree burns. A nurse said they were both in very critical condition. Please keep both Jose Herrera and Eduardo Guerra in your prayers.

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A man was seriously injured Thursday while operating a forklift at the Masonic Home in Union City, officials at the Union City Fire Department reported. According to reports in the Oakland Tribune, the forklift rolled over the man and landed on his leg. The victim was not identified and was described as a man in his early 30's. He was flown by helicopter to Eden Medical Center in Castro Valley. The Oakland Tribune reported that the man is expected to survive but could possibly lose his leg.

Forklift Accidents

Forklifts, with an average weight of 9,000 pounds, are potentially very dangerous. Forklifts are turned by moving the rear wheels, and have a much smaller turning radius than a car. This also makes them much easier to tip over while being turned. Drivers must be especially careful when accelerating, stopping or turning, as these maneuvers could cause the vehicle to top over or lose the load. Other serious forklift accidents can occur when operators fall from forklifts and become pinned under the equipment, or are struck by a forklift.

Workplace Accident Liability

When companies neglect to train employees about the dangers of forklifts, or train them insufficiently, forklifts are especially dangerous. OSHA, the Occupational Safety and Health Administration, estimates that 70% of all workplace accidents could be avoided with proper training and safety procedures. If the man injured in this accident was not properly and sufficiently trained in the use of the equipment he was using, his employer may be responsible for his catastrophic injuries, including all medical expenses related to the injury, current and future lost earnings, and the pain and suffering he endured as a result of his injury. In this situation, the family of the man injured would be well-advised to speak to a California workplace injury attorney about the unique legal issues of this May 6th accident and the man's legal rights to compensation.

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A 50-year-old Perris man died after losing his balance and falling out of a tree in a yard in Apple Valley, the San Bernardino County Coroner's Office reported. The tree trimming accident occurred at about 9 a.m. Friday April 2, 2010 at a private residence on Shoshone Road. The tree trimmer, Adelberto Lua, lost his balance and reportedly fell between 15 to 20 feet. He was flown to Loma Linda University Medical Center where he died shortly before 11 a.m. The accident remains under investigation.

Liability and Fault Issues

Based on the relatively limited information provided about this accident, it is impossible to tell how or why the man lost his balance. Depending on how the accident occurred, the family may have legal rights in a wrongful death claim. If the man's employer did not take certain measures or precautions to protect the man from this accident and provide him with proper safety equipment, the family may be entitled to compensation. Visit our website for more information about the legal rights of those killed in workplace accidents or call us at (800)724-3817 to discuss your potential case with a wrongful death attorney.

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A Pacific Gas & Electric employee of almost five years was killed Wednesday in an electrical vault accident in Benicia, authorities reported. The Solano County electrical accident occurred shortly before 10 a.m. in an underground vault at Panorama Court and Panorama Drive in Benicia. According to KTVU News, fire officials in the area said they immediately dispatched rescue vehicles after receiving reports of a male employee being electrocuted in the vault, which contains 12,000-volt power lines.

The victim was identified as Maximiliano Martinez, 26, a general construction lineman who worked out of the Calistoga yard. Martinez was upgrading a transformer in the vault when the accident occurred. Three other men in his crew were with him, but Martinez was the only one inside the vault when he was electrocuted. He died at the scene.

Our deepest sympathy goes out to the family of Max Martinez and everyone who knew and loved him. Please keep his family and close friends in your thoughts and prayers.

What Caused This Accident?

Based on the news accounts of the incident, it is not clear why the accident occurred. Both PG&E and CalOSHA stayed on the scene to investigate the fatal workplace accident. Authorities will likely surely talk to the other employees at the scene and see of there was equipment malfunction and whether Martinez was trained in the operation of the equipment he was using. In such a fatal workplace accident, it is important to determine if a death is caused by someone else's negligent actions, or a defective piece of equipment.

Compensation and Third Party Claims

Although the victim's family will likely receive worker's compensation benefits from PG&E, these benefits may not sufficiently compensate the family for their loss. The family may consider speaking to a wrongful death lawyer about whether they may be entitled to compensation in a third party claim (a claim against a party other than the victim's employer). An experienced California workplace injury attorney could help the victim's family understand their legal rights, options and obligations to ensure they recover fair compensation for their devastating loss.

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