Workers’ Compensation Covers Fast-Food Workers, Too

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All employees of fast-food restaurants, including part-time workers, students and retirees, are covered by ‪workers’ compensation laws. Frequently, fast-food employees are not aware of these rights or are afraid to make claims, despite recurring injuries in these workplaces. These workplaces are dangerous, and recent efforts by the Occupational Safety and Health Administration (OSHA) may result in a safer environment.

In fact, McDonald’s workers in 19 cities have requested OSHA inspections, “alleging they’ve been injured because of a lack of training and protective equipment,” according to a recent article in the Chicago Tribune.

“Scott Allen, an OSHA spokesman, said the agency is investigating some McDonald’s in several states. ‘We do investigate all complaints and take every complaint seriously,’ Allen said.”

Meanwhile, McDonald’s, in the statement quoted below, essentially discounted the complaints as disgruntled workers and activists who are focused on the brand and want to make sure the media is covering the activists’ concerns.

“McDonald’s and its independent franchisees are committed to providing safe working conditions for employees in the 14,000 McDonald’s Brand U.S. restaurants. We will review these allegations. It is important to note that these complaints are part of a larger strategy orchestrated by activists targeting our brand and designed to generate media coverage.”

I would note that as much as we in the general public like to blame the media (or the messenger), respected publications like the Chicago Tribune usually realize when a story is fluff and when it is a legitimate concern. I believe, like the Tribune coverage would show, that this situation falls into the legitimate concern category.

A total of 28 complaints, nine against corporate-owned restaurants and 19 against franchisees’ locations, were submitted to OSHA, according to information from the campaign called Fight for $15.

“Complaints include one from a New Orleans worker who cited lack of training and equipment for burns suffered while filtering grease, according to documents provided by the campaign. The campaign also alleges that a Philadelphia worker who was badly burned when reaching for a cookie tray was told by a manager to use mayonnaise to treat the burn.

“Workers said understaffing and pressure to work faster resulted in injuries. Those injuries, they added, were not properly treated.”

According to another article on the McDonald’s investigation, other unconventional methods of treatment were also suggested, in addition to the mayo mentioned above.

“Some workers have even claimed that after suffering workplace injury, they were told to treat it with condiments like mustard and mayonnaise rather than using medical ointment.”

Hot oil causes burns; slick floors cause slips and falls; and lifting and moving large boxes cause strains and joint damage. Remember: fast-food workers are covered under workers’ compensation.

I recently saw a press release of a product that could help alleviate some of the danger around hot oil. “The main thing FryerGate prevents is the unintended events that cause injuries such as body parts or foreign objects from entering the boiling oil,” according to the release.

“The Executive Director of The National Council for Occupational Safety and Health (COSH), Mary Vogel, stated in a press conference (recently) that over 79 percent, or 2.8 million fast food workers, had been burned in the past year based on a ‘first-ever national survey of fast food workers about health and safety on the job.’ The survey, conducted by Hart Research, states that 54 percent of those burn incidents take place at fryers, which equates to over 1.5 million fryer-related burns. Fifty-eight percent have been burned multiple times.”

If this product lives up to its claims and improves safety for fast-food workers who work in challenging, hurried conditions, this would definitely be a good thing. However, it doesn’t solve the many other issues and claims McDonald’s has against it through the Fight for $15 labor group. Regardless, the OSHA investigation will be an interesting situation to follow. I will continue to do so, and encourage you to do the same.

The offices of Rehm, Bennett & Moore and Trucker Lawyers are located in Lincoln and Omaha, Nebraska. Six attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 90 years of practice representing injured workers and truck drivers in Nebraska and Iowa in state-specific workers’ compensation systems. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Workplace Injury, Workplace Safety and tagged , , .

Workers’ Compensation ‘Reforms’ by State Have Costs, Too

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This ProPublica/NPR series should be required reading for all who care about workers’ compensation and how the process really works – or doesn’t work – for those who are injured on the job. The series shows the very real cost to loved ones when the system doesn’t hold up to the workers’ compensation “grand bargain” that was entered into more than a century ago in many states, including Nebraska. Families are hurt economically, and necessary role changes occur when a spouse and/or children become caretakers, which is often the case. 

Today’s blog post is focused on an excellent and informative, but very sobering, interactive chart that looks at how workers’ compensation “reforms” by state are occurring.

I found the introductory paragraph for the chart enlightening and honest:

“Over the past decade, states across the country have been unwinding a century-old compact with America’s workers: A guarantee that if you are injured on the job, your employer will pay your medical bills and enough of your wages to help you get by. In all, 33 states have passed laws that reduce benefits, create hurdles to getting medical care or make it more difficult to qualify for workers’ comp.”

When benefits are reduced and medical care is denied, the burden of caring for injured workers shifts to taxpayers through social programs because the workers’ compensation system has all too often come up short. This results in taxpayers subsidizing injured workers on the local and state levels through healthcare and the social safety net. At the same time, workers’ compensation insurance premiums for businesses are at their lowest rate in 25 years, partially because the “reformed” workers’ compensation systems can save businesses money while avoiding the costs of caring for these hurt workers.

I urge you to spend some time on the interactive graphic and see where your state stands in its support of injured workers. Although the firm’s lawyers are licensed in Nebraska and Iowa, we work with many who are injured in other states as the need arises and have an extensive network of lawyers who we work with on workers’ compensation, especially focusing on representing truck drivers.

This blog will feature continued commentary and analysis on the ProPublic/NPR report, as was first addressed last week. But if you have specific questions about an injured worker’s situation and need help or are unsure what the next steps are, please contact an experienced workers’ compensation attorney like those at Rehm, Bennett & Moore.

The offices of Rehm, Bennett & Moore and Trucker Lawyers are located in Lincoln and Omaha, Nebraska. Six attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 90 years of practice representing injured workers and truck drivers in Nebraska and Iowa in state-specific workers’ compensation systems. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Workers' Compensation Reform and tagged , , , , , , .

The Effects of Not Working

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In our practice of helping people prevail over the setbacks encountered when dealing with work-related injuries and employment issues, our hardworking clients often find themselves in an unfamiliar position: not working. Factors such as one’s age and gender can significantly impact how long one might remain unemployed, how one uses his or her time while not working, and how it may affect one’s health and family relationships. The effects of unemployment can be particularly harsh on families with children.

A May 2014 study from the Bureau of Labor Statistics shows that, on average, women 55 and older experience the highest rates of long-term unemployment and the longest spells of unemployment. Average duration of unemployment among women 55 and older was higher than men of the same age and higher than both men and women in other age groups. This study was cited in a June 2014 issue brief from the National Women’s Law Center called Long-Term Unemployment: Spotlight on Women and Families, written by Joan Entmacher, Katherine Gallagher Robbins and Lauren Frohlich.

Men and women also behave very differently when not working. A December 2014 New York Times, CBS News and Kaiser Family Foundation survey found that women spend 33 percent more time volunteering and 34 percent more time exercising while not employed. Men, on the other hand, were more likely to do both activities less when not working, compared to when working. Men are also more likely to engage in non-exercise leisure activities such as reading, watching TV and surfing the Internet.

For both men and women who have stopped working, the December 2014 survey found a reported decline in mental health. This decline was significantly higher in men, with 43 percent of men saying their mental health was worse, and 16 percent saying it was better. Only 29 percent of women claimed worse mental health, compared to 25 percent who claimed an improvement. According to the poll, 41 percent of men reported a decline in physical health, but women reported almost no difference in this area. One factor that this survey does not appear to consider, however, is the reason why an individual is not working. In my experience, those suffering from injuries that prevent them from returning to work would likely report different statistics concerning their health while not working.

Relationships with children are also influenced by unemployment, and this impact also differs among men and women. The December 2014 survey found that both men and women say they are spending more time with their children. However, only 22 percent of men reported an improvement in their relationships with their children. According to the poll, 60 percent of women reported an improvement. Women were also much more likely to report “family responsibilities” as a reason for not returning to work.

The New York Times, CBS News and Kaiser Family Foundation survey did not discuss the effect on children of their parents’ long-term unemployment. The National Women’s Law Center issue brief discusses this concern. Their research found that, among other things, single parents are more like to be unemployed long term (and more likely to be women), the poverty rate among families with a long-term unemployed parent was 35.3 percent as of May 2012, and unemployment and poverty hurt children by adversely affecting family dynamics and school performance. These effects can be long term, and can impact rates of college attendance and children’s future earnings. That is one of the many reasons that the firm supports Kids’ Chance of Nebraska, a nonprofit that provides scholarships to students who have a parent who either suffered an on-the-job fatality “or injuries that have had a significant adverse effect on family income,” according to the Kids’ Chance website. These $2,500 scholarships can help bridge the financial gap that occurs with an injured parent and can be used for “vocational/technical school, junior college, undergraduate or graduate programs.”

There are many reasons why an individual may find themselves in this unfortunate position, and our firm encounters it far too often among our clients who are injured at work or dealing with retaliation, discrimination or some other employment issue. We are experienced in helping our clients obtain benefits they are entitled to, such as workers’ compensation benefits, medical care, and unemployment benefits in order to help prevent the detrimental effects of not working.

The offices of Rehm, Bennett & Moore and Trucker Lawyers are located in Lincoln and Omaha, Nebraska. Six attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 90 years of practice representing injured workers and truck drivers in Nebraska and Iowa in state-specific workers’ compensation systems. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in employment law, Workers' Compensation and tagged , , , , .

Examining Workers’ Compensation Costs to Employers

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Source: Bureau of Labor Statistics National Compensation Survey 1991 - 2014 (Credit: Sisi Wei/ProPublica)

Source: Bureau of Labor Statistics National Compensation Survey 1991 – 2014 (Credit: Sisi Wei/ProPublica)

Business and insurance interests are bombarding state legislatures every day of the week to take workers’ rights away by complaining how most states’ workers’ compensation systems are too expensive.

Recently, ProPublica and NPR produced a very detailed explanation of the state of workers’ compensation, focusing, rightly so, on injured workers. This article, which was the first in the series, included an interactive graphic that showed that even though business are complaining about rising premius, workers’ compensation insurance coverage is generally at its lowest rate in 25 years, “even as the costs of health care have increased dramatically,” according to the article.

As examples, using the average premium cost to the employer per $100 of workers’ wages, Nebraska employers paid $1.93 in 1988, while they actually paid $.15 less for the premium in 2014, for a total of $1.78 per $100 of workers’ wages, according to the chart. Iowa was more dramatic, with the price of workers’ compensation insurance $2.79 per $100 of workers’ wages in 1988. It went down $.91 to $1.88 per $100 of workers’ wages in 2014.

By scrolling down in the article, a person finds another graphic that shows how employer costs have risen for other categories, but have fallen for workers’ compensation. Most notably, the cost of workers’ compensation insurance coverage (per $100 of workers’ wages) went from $2.71 in 1991 to $2.00 in 2014. During the same timeframe, the cost of health insurance went from $8.55 to $12.52 and the cost of retirement benefits went from $5.50 to $7.29, all per $100 of workers’ wages, according to the chart in the article.

The offices of Rehm, Bennett & Moore and Trucker Lawyers are located in Lincoln and Omaha, Nebraska. Six attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 90 years of practice representing injured workers and truck drivers in Nebraska and Iowa in state-specific workers’ compensation systems. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers’ Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), and the Nebraska Association of Trial Attorneys (NATA).  We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

The offices of Rehm, Bennett & Moore and Trucker Lawyers are located in Lincoln and Omaha, Nebraska. Six attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 90 years of practice representing injured workers and truck drivers in Nebraska and Iowa in state-specific workers’ compensation systems. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Government, Iowa, Legislation, Nebraska, Workers' Compensation, Workers' Compensation Reform and tagged , , , .

OSHA: Nebraska Company Cited 7 Times in 10 Years

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If it feels like OSHA and a construction/roofing company in Nebraska was just on the blog after an investigation, that’s because it was.

Except today’s blog post is actually about another company with a similar situation but many different details, and fortunately, it appears that this particular investigation did not involve any workers getting hurt or dying.

Unfortunately, it appears that this company struggles greatly with keeping its workers safe. As OSHA said in its news release talking about Affordable Exteriors in Omaha, this is apparently the seventh time in 10 years that the company has been cited for failing to provide fall protection to roofers. In addition, according to the news release, the “company has failed to address previously issued OSHA citations and pay penalties.”

The construction company was last cited in December 2014 after a June investigation, according to this news release from OSHA, and not only fined $140,000, but also placed in the Severe Violator Enforcement Program.

In the most recent news release, an investigation by OSHA’s Omaha Area Office was done in October 2014 because of the Local Emphasis Program for falls. “Falls remain the leading cause of death in this industry,” according to the news release. “About half of America’s 1.6 million construction employees work in residential construction.”

During the investigation on a home being built in Elkhorn, “five employees were observed to be working more than 12 feet off the ground without adequate fall protection,” according to an article on WOWT.com out of Omaha. Proposed penalties are $75,240, based on two willful violations, one repeat violation, and three serious violations.

“OSHA cited two willful violations for exposing workers to fall hazards because the company failed to provide fall protection and train workers on the use of and requirement for fall protection equipment,” according to WOWT.com.

The repeat violation was “for not securing elevated platforms to the rough terrain forklift on the site.” Repeat violations occur if a company “was cited for a similar violation in the past five years.” Affordable Exteriors was cited in May 2013 at an Omaha job site for this violation, according to the WOWT.com article.

Finally, the serious violations were “exposing workers to falls from unprotected sides and edges, improper use of ladders and not training workers on ladder safety.”

The investigation prompted Bonita Winingham, OSHA’s area director in Omaha, to make the following comment via news release.

“With everything we know about how to work safely, it’s troubling to see how many workers are still injured every year in the construction trades, and particularly from falls,” Winingham said. “By refusing to correct these dangerous problems, Affordable Exteriors continues to expose employees to serious – and preventable – physical harm, and this is unacceptable.”

The offices of Rehm, Bennett & Moore and Trucker Lawyers are located in Lincoln and Omaha, Nebraska. Six attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 90 years of practice representing injured workers and truck drivers in Nebraska and Iowa in state-specific workers’ compensation systems. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Workplace Injury, Workplace Safety and tagged , , , , , , .

Protecting Workers from being Destroyed by the Work Schedule

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Senator Tom Harkin

Today’s post comes from guest author Paul J. McAndrew, Jr., from Paul McAndrew Law Firm in Iowa.

I wrote the post below as an editorial in the Iowa City Press-Citizen. Because The Scheudles That Work Act is of national importance I want to make sure this issue receives the attention that it deserves by promoting awareness of it as broadly as possible. I hope you’ll take the time to read my editorial and pass it along to concerned citizens in your area.

Workers deserve some certainty in their work schedules. Why? Because we all have need to plan for child care, time for school, transportation, or simply time to pay bills and manage the household. It’s basic fairness.

But don’t you, a friend or an acquaintance work a job with unpredictable and irregular work schedules? You’ve probably noticed that irregular and on-call scheduling are increasingly common. It’s especially common in the fastest-growing areas of our economy—- cleaning, janitorial, retail and restaurant work.

These scheduling practices can devastate the worker and her/his family. The practices demand the worker choose between his job or his family. They often lead to the worker being fired.

Vermont and San Francisco have already passed laws to help employers and workers avoid this devastation.

Senator Tom Harkin has now proposed The Schedules That Work Act to help workers balancework duties with family duties. The Act helps both workers and employers by:

  • Protecting all employees from retaliation for requesting a more flexible, predictable or stable schedule.
  • Creating a process under which an employer considers a worker’s schedule request in a way that’s sensitive to the needs of the worker and her/his family. For example, schedule requests based on caregiving duties, health conditions, pursuing education or the need to meet the demands of a second job, must be granted, unless the employer has a good business reason for denying it.
  • Compensating retail, food service, and cleaning workers for at least four hours of work if an employee reports to work when scheduled for at least four hours but is sent home early.
  • Providing that retail, food service, and cleaning employees receive work schedules at least two weeks in advance. Though schedules may later be changed, one hour’s worth of extra pay is required for schedules changed with less than twenty-four (24) hours’ notice.
  • Providing workers an extra hour of pay if scheduled to work split shifts or non-consecutive shifts, within a single day.

Kudos to Senator Harkin! Some politicians and billionaire-driven PACs parrot “Iowa values” as a campaign slogan. Senator Harkin, on the contrary, uses those values to create legislation like the ADA and The Schedules That Work Act.

The offices of Rehm, Bennett & Moore and Trucker Lawyers are located in Lincoln and Omaha, Nebraska. Six attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 90 years of practice representing injured workers and truck drivers in Nebraska and Iowa in state-specific workers’ compensation systems. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Legislation, Working People and tagged , , , .

Health Concern: Daylight Saving Time Looms

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Even though it seems like winter this year has been never-ending, the promise of spring is in the air as the wind sweeps across the Great Plains. With the promise of spring also looms an event that affects most everyone nationwide this Sunday: daylight saving time.

We “spring forward” at 2 a.m. Sunday, and then those affected haven’t had a chance to reset their internal clocks by the time they go to work or school, whether it’s Sunday or Monday.

I wanted to encourage you to both read the resources that are available and also try to decrease the damage that daylight saving time does by especially taking care of yourself and your loved ones this weekend and being especially careful and mindful of safety on whichever day you go to work.

Firm associate Jon Rehm discussed this issue and offered some very helpful resources on this blog in 2013. And respected colleague Jon Gelman, whose law firm is in New Jersey, posted this useful article at the end of daylight saving time last year. I think it’s worth discussing some of the points of the article in an effort to spread knowledge about this manmade challenge.

“The debate still rages as to if this time-switch does save energy, but along the way we’ve seen signs that it has negative effects on our health and the economy,” according to the article by Business Insider that was the source for Mr. Gelman’s blog post.

A spike in heart attacks occurs during the first week of daylight saving time, according to Business Insider, “because losing an hour of sleep increases stress and provides less time to recover overnight.”

In addition, there is research that shows car crashes, which decrease when DST starts and increase when DST ends, would decrease overall if DST was just year round, according to Business Insider.

Finally, a 2009 study cited in the Business Insider article determined that “accidents at work happen more often and are more severe after springing forward.”

The “Why” section of the article was very interesting and shows that scientists haven’t determined exactly how the body works when it comes to sleep, but that daylight saving time definitely affects a person.

“The problems with DST are the worst in the spring, when we’ve all just lost one hour of sleep. The sun rises later, making it more difficult to wake in the morning. This is because we reset our natural clocks using the light. When out of nowhere (at least to our bodies) these cues change, it causes big confusion.

“Like anytime you lose sleep, springing forward causes decreases in performance, concentration, and memory common to sleep-deprived individuals, as well as fatigue and daytime sleepiness.”

Some people take up to three weeks (on the longer side for night owls) after the sleep changes to recover, and others can adjust in a day, the Business Insider article said.

Finally, the estimated economic costs that include the toll on health, lost productivity, and even “the 10 minutes twice a year” per household to change their clocks, ranges between $434 million and $1 billion in the United States.

So try to take it easy on next Monday, and do your best to sleep well.

The offices of Rehm, Bennett & Moore and Trucker Lawyers are located in Lincoln and Omaha, Nebraska. Six attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 90 years of practice representing injured workers and truck drivers in Nebraska and Iowa in state-specific workers’ compensation systems. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

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OSHA: Nebraska Construction Company Ignored Safety Requirements

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OSHA recently wrapped up an investigation that stemmed from a September 2014 incident in Grand Island, Nebraska, where “a 42-year-old worker fell 16 feet to his death and a 25-year-old co-worker suffered serious injuries after their employer, Roeder Construction, failed to provide either man with fall protection as they worked on a roof,” according to an OSHA news release.

We extend our sympathies to the loved ones of the man who died, and thoughts for the best recovery possible go to the man who was hurt.

The incident occurred when “the two men were installing a heavy-duty, weatherproof tarpaulin on Sept. 15, 2014, on a residential home in Grand Island.” After one employee lost his balance, he started falling. Then “the second man tried to stop his co-workers fall, and the momentum carried both employees off the roof to the ground.”

“One worker died of his injuries two days later, while the second was treated and released from a local hospital with torn ligaments and bruising,” according to the news release. Though both employees had previous roofing-industry experience, each had been with the company for just over one month.

OSHA proposed fines of $7,600 to the company based in Kearney, Nebraska, for violations that included not providing fall protection or training employees in its use and “failing to report the workplace fatality within eight hours.”

For more information and resources, OSHA has an excellent website regarding its Fall Prevention Campaign. A site in Spanish is also available.

In addition, as was recently mentioned on the blog, it is always a good idea to contact an experienced lawyer if you have questions about a safety concern at your job. This website also has information about filing a complaint with OSHA.

The offices of Rehm, Bennett & Moore and Trucker Lawyers are located in Lincoln and Omaha, Nebraska. Six attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 90 years of practice representing injured workers and truck drivers in Nebraska and Iowa in state-specific workers’ compensation systems. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in falls, OSHA and tagged , , , .