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Is an OSHA investigation necessary after a fatal injury in Pennsylvania?

April 6, 2021/0 Comments/in Legal News /by nora

Pennsylvania – April 6, 2021

The Occupational Health and Safety Administration (OSHA) is investigating the death of a man who suffered fatal injury after being pinned by industrial equipment in O’Hara Township last week.  He was struck by an industrial tote containing 330 pounds of liquid while working at Alpha Aeromatics, according to Allegheny County Police Officials.  Survivors of individuals who have been fatally injured at work should speak to a workers’ compensation attorney who can guide their actions toward damage recovery.

Employer responsibility.

A workers’ compensation attorney can be instrumental in claims processing with the employer’s insurer and collaborate with OSHA and other investigative teams after a fatal work injury to determine any possible employer negligence.  The State of Pennsylvania has a specific process to be undertaken when a person becomes fatally injured on the job. Emergency services should be called immediately after a fatal accident has occurred and the employer should provide the authorities with the employee’s contact information.  Secondly, employers have eight hours to report any work-related fatalities to OSHA, even if an employee dies of natural causes on the job. Notification should be accomplished by calling, or in-person reporting at the closest OSHA location because OSHA does not accept written notification.

  • Notification to OSHA should include company name, location and description of the tragic event, and the date and time of the fatal incident,
  • Employee names and contact information of those who died must also be provided,
  • When employees are injured and die within thirty day of the injury, the same procedures must be followed,
  • Pennsylvania requires job-related fatal injury reporting to the Bureau of Workers’ Compensation within 48 hours of the tragic incident.

Survivor death benefit compensation.

Eligible survivors may be entitled to weekly death benefits, based on the employee’s salary at the time of the fatal injury.  There is a three year statute of limitations to file for death benefits, but it is best to do it as soon as possible to maintain financial stability and access the burial expenses for deceased workers.  Workers’ compensation attorneys may be instrumental in filing the appropriate paperwork.

Eligibility determination.

Pennsylvania limits death benefits based on the State’s average salary, and eligibility determination can be a complicated process toward a workers’ compensation settlement, but experienced lawyers may alleviate some of the stress related to the financial stability of surviving family members as they mourn the loss of a loved one.  Death benefits may be denied if:

  1. worker died while under the influence of drugs, or alcohol,
  2. employee’s work-related death resulted from self-inflicted intentional harm,
  3. employee committed suicide, although exceptions may occur if the suicide was a result of job-related mental illness. An attorney may need to prove this type of claim before benefits will be allowed.

Eligible dependents for death benefits include children, spouses, physically, or mentally incapacitated children and siblings, and fully, or partially dependent parents.  A workers’ compensation attorney can explain the benefits based on a particular case.

Hire legal counsel.

Victims of loss should speak to a personal injury attorney in the Pittsburgh area after OSHA investigations are complete, to move forward with a workers’ compensation and/or wrongful death claim.  Accident lawyers at Scanlon & Wojton will fight for damage compensation to secure financial stability for surviving loved ones and family members.

Scanlon & Wojton, Attorneys at Law

The Mitchell Building
304 Ross Street, Suite 510
Pittsburgh, Pa 15219

Phone:  (412) 918-1241

Fax: (412) 235-7275

Sources.

https://www.osha.gov/report

https://www.dli.pa.gov/Businesses/swif/claims/Pages/Reporting-an-Injury-or-Occupational-Disease.aspx

Man dies after being pinned by industrial equipment – WPXI

https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.085.053.000..HTM

https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.071.002.000..HTM

https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.055.024.000..HTM

https://onlinelawyernetwork.com/wp-content/uploads/2021/04/photodune-3277031-work-injury-claim-form-xs.jpg 365 548 nora https://onlinelawyernetwork.com/wp-content/uploads/2020/08/logo.png nora2021-04-06 16:08:142021-04-06 16:08:14Is an OSHA investigation necessary after a fatal injury in Pennsylvania?

What are truck drivers required to do after an accident in Baton Rouge?

March 28, 2021/0 Comments/in Legal News /by brian

Baton Rouge, LA – Truck collisions can be very dangerous because of the possibility of serious or fatal injuries to anyone involved. Because of this possibility and the potential for related problems, truck drivers need to receive special types of training to be able to operate their vehicles legally on the nation’s roads. The procedures that must be followed immediately after an accident can be a crucial factor in getting help to injured people at the accident scene.

Checking the area after a crash

Truck drivers are instructed to check the scene and the area to see if anyone requires medical attention. If there are any injuries or apparent serious damage to any vehicles, they should contact the police or emergency services through 911 immediately. Most drivers have some kind of first aid training, and they should check to see if anyone needs to be brought to safety. However, in some situations, improperly moving an injured accident victim around can cause greater harm or even paralysis. Whether the driver followed these procedures or not can be an important piece of evidence if there is a truck accident lawsuit. 

Damage to the cargo

Semi trucks can carry enough cargo at once that there are large dollar amounts to be lost in cases of damage or improper handling. There is also the possibility that hazardous cargo can cause serious issues if it is released onto an open road and infects the local environment. The driver may need to place signs or road flares near the truck and any spilled cargo to alert oncoming drivers of the obstacles. These actions are supplemented by the police after arrival, as they will normally be able to divert traffic away from the crash area. 

Contacting the trucking business

Once the area is secured, the driver will need to contact both their employer and the relevant insurance provider to report the collision and any other potential losses such as damage to the truck itself or the cargo. Many businesses choose to send another truck out to pick up the cargo and transport the driver away from the area. 

Lawsuits against the trucking company

If there are injured drivers, it is likely that the trucking company will be attached as a defendant in a civil lawsuit. The victims will try to receive compensation for their medical bills, lost income, and other losses that were due to the collision.  

Getting in touch with a lawyer after a truck crash

Miller, Hampton, and Hilgendorf handle lawsuits for clients who need to receive compensation after their accidents in the Baton Rouge area. An initial meeting is the best way for new clients to learn about the value of their case and other related matters.

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806

225-343-2205

www.mlhlaw.com

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