Southern California Injury Law Blog

According to the latest government tracking data, workforce fatalities are down this year due in part to the depressed economy. Even though the construction industry is in decline, we still have several industries here in Orange County and Southern California that can cause serious injuries if the proper safety procedures are not in place. As a California injury lawyer, we are dedicated to assisting where we can to reduce needless injury. Here are just three examples.

Last week a massive explosion rocked Simi Valley’s industrial area where a man was killed while experimenting with hydrogen and oxygen while trying to generate alternative fuels. The accident happened while Realms employee, Tyson Larson was heating water in a pressurized container. The container exploded, killing Larson and injuring two of his co-workers. The blast could be heard up to one block away and the explosion was so violent that it caved in the roof. Cal-OSHA is still investigating but prior accident records indicate a similar explosion just 18 months ago.

Another recent industrial accident occurred in the Costa Mesa-based company Cera dyne. A 26 year old man is in critical condition after suffering traumatic injuries from flying shrapnel to the head and body. Initial Cal-OSHA reports state that the machinery failed but that the full investigation could take upwards of 3 months.

Many tragic accidents happen at the workplace here in California. In 2008, 465 workers tragically died due to unsafe work environments. In addition to general workplace dangers, industries such as construction and manufacturing have the lead in most fatalities. Seventy two people died in construction-related work last year, nearly one in four. By far the greatest personal injury occurring for this type of work involves transportation. Nearly half of all workers’ injuries occurred either transporting cargo or commuting to a job site.

Another major industrial accident in Los Angeles just last week claimed the legs of a meat packer utilizing a multi-blade grinder. For some unknown reason, his legs got stuck and he was rushed to a nearby hospital in serious condition. The doctors had to amputate his legs above the knees.

In catastrophic injury cases such as these, usually workers will receive employer mandated workers compensation. However, here in California, this insurance may not be able to cover all current and future medical costs, and never is pain and suffering paid. In some cases, these injured workers may need to file a third-party claim against a third party for negligence. This is a specialized area and a California injury lawyer is the only expert to review the case to see if you are able to bring an action outside of workers compensation.

How would you know if this is an option for you or your family? Obtain a private consultation with a California personal injury attorney at 1 866 981-5596 to discuss your claim, rights and options.

If you are an employer in the state of California, it is important to follow CAL-OSHA rules and regulations regarding workplace safety. Here are a few of the most important tips:
• In order to keep a safe workplace, create, execute and maintain an Injury and Illness Prevention Program.
• Identify potential unsafe conditions and perform regular inspections
• Keep thorough record of onsite injuries
• Communicate operating procedures to your employees and advise them of the options and rights under the law.
• Train employees properly in the use of potentially dangerous equipment
• Report injuries immediately to the nearest Cal OSHA district office

You can obtain a full list of regulations at Cal-OSHA’s website at http://www.dir.ca.gov/dosh/

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Posted In: Construction Accidents

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I have recently written on the number of examples where tort reform has not worked. Workers compensation is a failure, as workers have no right to sue their employers for negligence. Health insurance companies, operating under ERISA laws deny coverage wrongfully, and often, and have no legal recourse. In none of these examples has there been a fair treatment of those injured due to the negligence of another. Instead there has been a compromise of their rights, allegedly for the sake of society.

One frequent argument proposed for tort reform is that a less expensive and more effective method of controlling negligence is through government supervision and regulation. Nothing could be further than the truth as evidenced by the recent Los Angeles Times article on October 21, 2009 investigating Cal OSHA penalties for employer negligence. I invite your review of this article personally becasue I believe it deserves a Pulitzer for fair and in depth investigative reporting by Jessica Garrison.

An employer, Bimbo bakeries in California, had six amputations and a fractured hand at the workplace between 2003 and 2006. Cal OSHA investigated each of these violations, determined them to be caused by a serious failure to abide by safety regulations, maintain guards on equipment and operate the factory safely. Investigators levied fines anywhere from $2000-$21,000. However, the article pointed out that the Cal OSHA appeals boards waived almost all of the fines assessed and levied against this particular employer, not because they found the investigations without merit, but according to Candice Traeger, chairman of the appeals board, a backlog of cases drew a federal complaint causing the board to settle thousands of cases for pennies on the dollar.

Did the employer learned lessons through the efforts of governmental oversight? I doubt it given the first fine in July of 2003 of $21,750 was waived for an amputation; the second amputation in October 2004 generated a fine of $22,500 and was reduced to $5000 and so on. The employer effectively pawned its responsibility off on workers compensation insurance, a system you and I have to support in part through the State Compensation Insurance Fund, with tax dollars. This employer will continue to operate in callous disregard for its employees’ safety.

Recognize that each worker is only paid a limited portion of their damages: only a small portion of their lost wages, medical bills as authorized by the employer, and a permanent disability rating far less than a jury award typically provides for loss of limb. They will however have to live with the amputation, limitations, embarrassment and disfigurement for the balance of their life.

Tort reform simply does not work, and limitations on damages payable to the victim are unjustified. Instead we should be asking these companies why they are refusing to act responsibly, and how much in punitive damages should they have to pay until they do.

I can assure you that as a California personal injury attorney, if I were not precluded from bringing suit, each of you as jurors, listening to testimony arising from six different amputations would feel not only comfortable but compelled to award compensation damages to the most recent victim and punitive damages to punish the company for its conduct. You have taken that capability from attorneys and given it to Cal OSHA in the hopes that effective oversight is enforced.

As you can see, your government is only as effective as the money you give to them, and I am not clear why my taxes should be used to enforce laws that a company should be observing on their own. Make these companies pay for their own errors and they will either comply or go out of business. If the latter option is chosen, more responsible employers will populate the bakery field and responsibly save death and injury to countless victims.

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Posted In: Construction Accidents , Injuries , Insurance Disputes , Product Liability

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Knott’s Berry farms’ Xcelerator ride will be shut down until further notice while investigators try to figure out what caused a cable to snap and injure two people on the ride.

Orange County Fire Authority paramedics arrived immediately on the scene Wednesday when the accident occurred. There were 9 people on the ride at the time but fortunately only two were injured; a twelve year old boy was treated for a leg laceration and the other person complained of back pain. The two injured were taken to nearby hospitals but were expected to be released soon.

All rides at Knott’s Berry Farm, including Xcelerator, are inspected daily. The cable in question was replaced last December and according to the cable’s manufacturer is supposed to be good for one year. The ride has a drop of 205 feet and reaches a top speed of 82mph.

It is unusual to have a failure for an unexplained reason. In serious accident cases, an investigation by an Orange County personal injury attorney usually is a necessary, as company investigations may not be thoroughly neutral and unbiased. Have you or a loved one been injured at an amusement park? Call a California injury lawyer to decide what to do in your individual case. Jim Ballidis at Allen, Flatt, Ballidis and Leslie always offers a free consultation.

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Posted In: Construction Accidents , Injuries

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As some of you know, I am frequently writing about dangerous roads, and Oak Canyon Road in Trabuco Canyon is one of them. But tthe roadway does not seem to be playing a part in this accident.

Just two weeks after the fatal car accident that left two teens dead in Trabuco Canyon’s Oak Canyon Road, another accident left three people with serious personal injuries. Dureti Bishop was the most seriously injured person and she needed to be flown via helicopter to Mission Hospital. She was the passenger in a Yellow Cab mini-van being driven by Bunny Deuk of Long Beach. Deuk was also seriously injured as was the truck driver that was involved in the crash.

Orange County authorities are currently investigating this accident but witnesses said that the Yellow Cab was not speeding but was weaving back and forth on the road. The mini-van eventually clipped the front-left side of the truck and it was pushed into a ditch and caught fire. A local Park Ranger needed to break the windows of the taxi to rescue the driver and passenger.

In cases like this and other serious auto accidents, it is important to have someone who is an expert in personal injury law on your side. Call the experts at Allen, Flatt, Ballidis and Leslie who are experienced Orange County personal injury attorneys.

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Posted In: Car Accidents , Construction Accidents , Injuries , Product Liability , Truck Accidents

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As Memorial Day weekend came and went and therefore the start to summer vacation season, millions of children of all ages are eagerly awaiting visits to carnivals, amusement and water parks. But for one child, Kaitlyn Lassiter, she will be speaking out against amusement park safety with Massachusetts’s congressman, Edward Markey. Tragically last year Kaitlin’s feet were severed on an amusement park ride. She will for obvious reasons never be the same but she is campaigning for better safety standards.

Congressman Markey has proposed bill, H.R. 2320, The National Amusement Park Ride Safety Act. If passed, this new law would close a huge loophole that allows federal safety oversight in a majority of the country’s major theme parks. 71% of customers who visit America’s top ten amusement parks—62 million—are riding on unregulated rides. Basically what this means for you as a consumer is that there are no government ride inspections or investigations of serious accidents or death.

Here in California we are one of only 27 states that have some safety regulations and ride inspections. The California Division of Occupational Safety and Health (DOSH) regulates the installation, maintenance, operation use and inspection of all permanent amusement park rides. A new bill, SB 783 that will take effect January 1, 2009 will require stricter reporting to DOSH as well as park owners to have $1 million dollars of liability insurance coverage per occurrence, up from the current standard of $500,000.

According to the Consumer Product Safety Commission figures, amusement park serious injuries have doubled over the ten years. Approximately 100,000 people were treated in emergency rooms for amusement park injuries. This includes water slides as well. It’s not surprising that half of all injuries and ¾ of all falls and ejections involve children under the age of 13.

Young children have the highest risk for personal injury during theme park rides. Why? Many of the bracing point and restraints systems on the rides were designed originally for adults, not children. This leaves smaller children vulnerable to falls or traumatic ejections. These parks are not held to the same standards such as vehicles or other forms of transportation.
We seem to be in a catch 22 situation; this industry counts on parent to protect their kids and parents depend on industry to design safe rides. So how can we protect our children and have a worry free summer vacation? A group that educates the public in keeping all persons safe on amusement rides is www.safeparks.org/.

Here are a few simple safety tips for parents:
· Explain to your children the importance of safety instruction when they enter and leave a ride. They just look at fast roller coasters and twirling around as fun, but there are some safety measures to understand.
· Obey height and weight minimums and maximums. The park isn’t trying to punish younger children but they do care about safety. Talk to your children about the consequences of bad behavior.
· Point out safety features such as seatbelts, lap bars, grab bars, and warning signs. Explain how the safety equipment works, and what its purpose is. Parents should pay close attention to rides that use a single lap bar for multiple riders, as this presents a special hazard to young children. Single lap bars are designed to fit closely against only the largest passenger in the car, leaving smaller riders unprotected.

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Posted In: Construction Accidents , Injuries , Product Liability

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Well, it’s that time of the year again to “fall back” to standard time. This Sunday, most residents of the US will be turning their clocks back one hour, and going back to Daylight Standard Time. Even though the time change is meant to produce energy savings for the country, it usually leaves everyone feeling fatigued, at least for the first week or so, and that leads to safety risk at home and on the road.

Continue reading "AVOID PERSONAL INJURY AFTER DAYLIGHT SAVINGS CHANGES" »

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Posted In: Car Accidents , Construction Accidents , Injuries , Truck Accidents

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When you have been injured in a construction accident, if you are an employee in California, you are entitled to worker's compensation benefits. However, those benefits are severely limited. You receive reduced pay during your recovery, medical treatment that can be slow and incomplete and you are not entitled to pain and suffering damages.

A lawyer, experienced in California law, can investigate the accident to determine if you are entitled to additional financial recovery. You can call us to investigate those possible claims without any cost to you.

While worker's compensation rights are the exclusive remedy against your employer, worker's

Continue reading "California construction accidents cause severe personal injuries. Can you recover from anyone other than your employer?" »

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Posted In: Construction Accidents

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