"All Personal Injury Lawyers are Not Construction Injury Lawyers."

Your Indiana Construction Accident Lawyer in Indianapolis was encouraged to read the following in the Wall Street Journal:

Why We Need Trial Lawyers: Toyota is only the latest example of lethal defects gone unaddressed by regulators.

By MARK ROBINSON AND KEVIN CALCAGNIE

The alleged need for "tort reform" has become a refrain in American political life. Yet for all the demonizing of trial lawyers, the reality is that product-liability litigation has become an ever more important means of keeping consumers safe.

Case in point: the current Toyota Motor Corp. recalls, with their attendant revelations of corporate obfuscation. This is only the most recent situation in which lethal defects have gone uncorrected for years at least in part because of insufficient government oversight.

In model after model, as we've now learned, car owner complaints were either minimized or ignored altogether by Toyota and by the regulatory agencies that were supposed to police the company. In one review of federal records, the Los Angeles Times found 2,600 complaints of sudden acceleration from 2000 to 2010 by Toyota and Lexus owners. And according to CBS, recently released internal company documents indicate that as far back as 2005 Toyota was tracing its sudden acceleration problem to its software—not to floor mats.

Yet for nearly a decade, neither Toyota nor federal regulators aggressively addressed the problem. Toyota is now likely to face a rising tide of class action lawsuits as consumers look to their historic fallback: the courts.

Regulation is crucial to the creation of a level playing field for consumers, particularly in this era of growing corporate power. But regulation alone has never been enough. Federal agencies such as the Food and Drug Administration (FDA), the Consumer Product Safety Commission and the National Highway Traffic Safety Administration have long been swamped by large work loads. And lobbyists are adept at weakening and fending off regulations.

The laissez-faire policies of the Bush administration only further weakened regulatory agencies by cutting funding and personnel, since such agencies were viewed as an impediment to private-sector growth. Government watchdogs soon found themselves so overwhelmed and undermanned that they could scarcely do their jobs.

Consider the FDA. By the mid-2000s, the FDA's caseload extended to more than 11,000 existing drugs, some 100 new drugs a year, and a breadth of products from food to vaccines to medical devices that comprise approximately 25% of all consumer spending.

Resources were stretched so thin that a 2006 report on drug safety by the Institute of Medicine of the National Academies found that the FDA simply couldn't ensure the safety of new prescription drugs. The reasons given? Inadequate funds, cultural and structural problems, and "unclear and insufficient regulatory authorities."

The FDA is just one example. Until April 2009, federal motor vehicle safety standards were so weak that many vehicles could comply and still sustain severe roof collapse from a force equivalent to a 5 mph parking lot collision. Similarly, drivers and passengers are far too frequently ejected in rear-end collisions because the minimum standard for automobile seatback strength is so low that many folding lawn chairs can pass the test.

The recession threatens to further starve the agencies responsible for consumer safety, even as the tough economic climate subjects manufacturers to brutal competition and discourages them from investing in product safety on their own.

As a result, consumers are increasingly left with the courts not only to compensate them when the regulatory system fails to protect them, but also to deter manufacturers from cutting corners in the future.

Product liability lawsuits have played a crucial role in ensuring public safety, encouraging—and sometimes compelling—manufacturers to put safety first. A 1988 survey of 264 CEOS of manufacturing companies found that a third had improved their product lines as a result of the threat of litigation, 35% had improved product safety, and 47% had improved warnings to consumers.

At the same time, such lawsuits have provided important assistance to agencies overseeing product safety. Litigation involving defective products has increased access by regulators and the public to critical safety information about particular products. This has resulted in stronger regulations, safer new products, and the removal of dangerous products from the market. Just last year, in Wyeth v. Levine, the Supreme Court noted that state tort suits "can serve as a catalyst" for regulatory action.

Litigation has not only advanced public safety, but has encouraged improvement in products almost too numerous to mention: air bags, seat belts, child safety seats, tires, minivan doors, hot water vaporizers, children's pajamas, farm machinery, firearms, building materials, tobacco products, intra-uterine contraceptive devices, tampons, sleeping pills, anti-depressants, pain medication, appetite suppressants and many more. Toyota is just another sign of how much work remains to be done.

Strong product liability laws remain vital to public health and safety—no matter how passionate the political debate on tort reform.

Mr. Robinson, managing partner at Robinson, Calcagnie & Robinson in Newport Beach, Calif., has represented plaintiffs in the Ford Pinto, Vioxx, major tobacco and other cases. Mr. Calcagnie is a senior partner at the firm.

Copyright 2009 Dow Jones & Company, Inc. All Rights Reserved

While my practice focuses on injured construction workers and thier families, the same truth applies: If Insurance Companies were fair, no one would need lawyers. Sadly, they are not and people do.  If you are a loved one were injured in a construction accident involving Iron Work, Scaffolding, Trench Collapse, Cranes, Road Construction or Masonry,  I am happy to tell you if you have a case. If  you are in Indiana, we represent injured construction workers in Indianapolis, Fort Wayne, South Bend, Terre Haute, Evansville and everywhere in between. Please BE SAFE and call for a FREE CASE EVALUATION using our TOLL FREE Number!

Thanks,

John 
 

Your Guide To Construction Accidents

Introduction

            Construction Accidents kill or injure thousands of workers each year. The results are catastrophic: medical bills; lost wages and a host of expenses that Worker’s Compensation Insurance does not begin to cover, particularly in Indiana. Under Indiana law, you have a right to a safe construction site workplace. You have the right to seek compensation from those who caused or contributed to your injuries, whether by a general contractor failing to provide a safe work place, or a more direct injury from another subcontractor’s negligence.

            Under Indiana’s Workers Compensation Act, both your employer and your co-employees cannot be sued. However, you may be able to bring a “third party” claim against the general contractor or other subcontractors if certain conditions are met. Generally the compensation received in a “third party” claim includes damages for pain and suffering, future wage loss and other items not covered by Indiana’s Worker’s Compensation Act.

Why File a Construction Accident Lawsuit?

            Construction Accident litigation is generally not something that you can handle on your own. Unlike a car accident, you will probably not get a telephone call from an insurance adjuster for the General Contractor making a settlement offer. Your job is to get well and protect your family. It takes lawyers skilled in construction contract analysis, OSHA and IOSHA regulations and jury trials to properly represent you and your family.

What Types of Construction Accidents Are Most Common?

            According to IOSHA, there were 27 Indiana construction accident fatalities and 2,900 Indiana non-fatal construction injuries in 2007. While these represent a large variety of construction accidents, certain trades seem to be consistently in danger. Ironworkers tend to be injured during decking operations, handling materials and as a result of inadequate fall protection.

            Masons tend to be injured by improperly constructed scaffolds. Laborers are often put in dangerous situations and have been killed in trench collapses, scaffold building and hod carrying. Electricians are at risk when working in scissor lifts and when power lines are not properly de-energized or lockout-tagout procedures are not followed. Failure to provide or require proper Personal Protective Equipment (PPE) is another leading cause of Construction injuries in Indiana.

Can I Sue my Employer for a Construction Site Accident?

            Generally no, unless you were intentionally injured, which is very unusual in an Indiana construction accident. In other states, the law is more lenient, and repeated violations and citations may enable you to bring a construction accident lawsuit directly against your employer. However, in Indiana the Worker’s Compensation Act bars such claims. It does allow construction site accident lawsuits against general contractors and subcontractors who may have caused or contributed to your injury. Ind. Code 22-3-2-6.

Can I be Fired for Filing a Worker’s Compensation Claim for a Construction Accident?

            No, in Indiana a worker filing a worker’s compensation claim cannot be fired by his or her employer for filing a worker’s compensation claim for injuries received in a construction accident. In fact, this can be the basis for a separate lawsuit against the employer based on the Indiana Supreme Court decision of Frampton v. Central Indiana Gas Company, 297 N.E.2d 425 (Ind. 1973). Again, it is hard to know all your rights in a construction accident without consulting an attorney who has experience in the area.

How Do I Know if I Have a Construction Accident Third-Party Case?

            The truth of the matter is that you have virtually no way of knowing if you have a case against a third party for the injuries you sustained in a construction site accident. In fact, many of my most valuable cases were turned down by lawyers inexperienced in construction accidents on the mistaken belief that workers compensation benefits were all that the injured worker was entitled to. Evaluating the case takes experience and knowledge of OSHA IOSHA construction contracts and Indiana Construction Law. As an OSHA authorized construction safety trainer, I know a violation, and a third party case, when I see one. I will provide you with a free consultation so you will not have to wonder if you have a case, you will know.

We represent injured Construction workers and thier famalies throughout Indiana, including Indianapolis, Fort Wayne, Terre Haute, Bloomington, Richmond South Bend and Terre Haute. We will be happy to come to you.

Any questions??

John 

Fatalities and serious injuries can occur if cranes are not inspected and used properly. Many fatalities can occur when the crane boom, load line or load contacts power lines and shorts electricity to ground. Other incidents happen when workers are struck by the load, are caught inside the swing radius or fail to assemble/ disassemble the crane properly.

• Cranes are to be operated only by qualified and trained personnel.
• A designated competent person must inspect the crane and all crane controls before use.
• Be sure the crane is on a firm/stable surface and level.
• During assembly/dis assembly do not unlock or remove pins unless sections are blocked and secure (stable).
• Fully extend outriggers and barricade accessible areas inside the crane’s swing radius.
• Watch for overhead electric power lines and maintain at least a 10-foot safe working clearance from the lines.
• Inspect all rigging prior to use; do not wrap hoist lines around the load.
• Be sure to use the correct load chart for the crane’s current configuration and setup, the load weight and lift path.
• Do not exceed the load chart capacity while making lifts.
• Raise load a few inches, hold, verify capacity/balance, and test brake system before delivering load.
• Do not move loads over workers.
• Be sure to follow signals and manufacturer instructions while operating cranes.

For more complete information:

Occupational Safety and Health Administration

U.S. Department of Labor
www.osha.gov (800) 321-OSHA

OSHA 3267-09N-05

While there is a lot more to know about preventing Crane accidents, these are important tips to keep you safe and get you home at the end of the day.

If you can avoid a construction accident, please do.
If it is too late, Please call. I have represented hundreds of Indiana  Construction workers, union and non union, in crane accidents, trench collapse accidents, iron-worker falls, mason falls from scaffolds, heavy equipment accidents and road construction accidents. Although  our office in Indianapolis, I have represented injured construction workers and their families in South Bend, Fort Wayne, Terre Haute, Evansville and Bloomington.  No lawyer can guarantee a great result, only great effort. I will do my damnedest to get you and your family everything they deserve if you have been injured in a construction accident and need a construction accident lawyer. BE SAFE, call when you need help. FREE CASE EVALUATION!

John

Top 10 OSHA Safety Violations for 2009

• Assume that all overhead wires are energized at lethal voltages. Never assume that a wire is safe to touch even if it is down or appears to be insulated.
• Never touch a fallen overhead power line. Call the electric utility company to report fallen electrical lines.
• Stay at least 10 feet (3 meters) away from overhead wires during cleanup and other activities. If working at heights or handling long objects, survey the area before starting work for the presence of overhead wires.
• If an overhead wire falls across your vehicle while you are driving, stay inside the vehicle and continue to drive away from the line. If the engine stalls, do not leave your vehicle. Warn people not to touch the vehicle or the wire. Call or ask someone to call the local electric utility company and emergency services.
• Never operate electrical equipment while you are standing in water.
• Never repair electrical cords or equipment unless qualified and authorized.
• Have a qualified electrician inspect electrical equipment that has gotten wet before energizing it.
• If working in damp locations, inspect electric cords and equipment to ensure that they are in good condition and free of defects, and use a ground-fault circuit interrupter (GFCI).
• Always use caution when working near electricity.

Your Indiana Construction Accident lawyer was  pleased to see that IOSHA has completed their thorough investigation of the tragic and unnecessary death of our client,  Iron worker Stanley Roberts, at the Indianapolis  convention center construction project on June 17, 2009.  IOSHA has cited  4 construction companies for OSHA safety Violations that lead to the accident. Ermco Electric was cited for two serious violations for not adequately marking or covering the excavation Roberts lift fell into and was fined $9000.  FA Wilhelm was fined $9000 for the same two safety violations. Far West Construction Inc was also fined $3000 for not adequately marking or covering the 24 inch wide by 24 inch long by 12 inch deep hole. Finally, Harmon Steel was  fined $10,000.00  for failing to provide any warning system such as a barricade, hand signals or stop logs to prevent the lift in which Stanley was working to be allowed in the dangerous area.

While these fines are not financially significant, they are important to reinforce that construction site safety is the responsibility of all the contractors, not just the workers direct employer. We applaud IOSHA for their thorough investigation and resolve to hold those  contractors accountable not only to complete the project on time, but to also protect the lives of Indiana Construction workers.

BE SAFE.

John