Louisiana Injury Lawyer Blog

On February 16, 2010, a Southland Steel Fabricators construction worker suffered a fatal traumatic brain injury and another worker sustained minor injuries in Baton Rouge, Louisiana, after the construction workers fell 20 feet to the ground from a lift after it was struck by a beam.

According to the National Institute for Occupational Safety and Health (NIOSH) 1,178 fatal work injuries occurred in the construction industry in 2007, the most of any industry, with laborers accounting for the largest number of fatal work injuries among construction occupations.

According to Baton Rouge, Louisiana brain injury attorney, Scott Andrews, construction workers injured or killed on the job are usually barred from filing a personal injury or wrongful death lawsuit because of Louisiana's strict worker's compensation immunity for direct and statutory employers. However, if the construction worker's accident was caused in part by the fault of the employee of a different subcontractor or independent contractor, then the injured construction worker may be able to file a third-party tort action. Injured workers or their families should always consult with an experienced industrial accident or construction accident injury attorney before accepting the employer's representation that worker's compensation is the exclusive remedy for the injury or death.

Continue reading "Construction Accident in Baton Rouge, Louisiana Results in Fatal Brain Injury" »

The 200 foot boom of a crane collapsed onto a fabrication shop at Elevated Boats, Inc. in Houma, Louisiana, killing one man and injuring another on November 17, 2009. The collapse occurred when the steel base of the crane ripped and detached while the crane operator was moving a 30 ton weight from the flat bed of an 18 wheeler. The accident remains under investigation by OSHA.

A crane collapse is usually caused by operator error, defective design of the crane or a component part, or improper maintenance. When injured or killed on-the-job by a crane collapse in Louisiana, worker's compensation is often the exclusive remedy for the injured or killed worker. However, if the crane or a component part is defective, or if the crane was improperly maintained or negligently operated by a contractor or other third-person who is not considered an employer or co-employee, a claim may be made outside of the worker's compensation scheme. And, when an on-the-job crane collapse in Louisiana is covered by the Jones Act or General Maritime Law, a claim for injury or death can sometimes even be made against an employer or co-employee.

Continue reading "Man Killed in Houma, Louisiana by Collapsed Crane" »

The Baton Rouge, Louisiana injury lawyers at Due', Price, Guidry, Piedrahita & Andrews settled an industrial accident case caused by a defective horizontal boring machine. The plaintiff, a machine operator at Cooper Cameron Valves in Ville Platte, Louisiana, sustained severe orthopaedic injuries on March 9, 2004 while operating a 6" horizontal boring machine, model G-60T, which had been retro-fitted with a Numeripath 8000 CNC control, and which was manufactured by Giddings & Lewis. Plaintiff became entangled in the rotating spindle while reaching across the spindle to check the depth of a hole he had just tapped on a large valve body.

Louisiana product liability attorneys, Donald W. Price and B. Scott Andrews, brought a product liability action under the Louisiana Products Liability Act, La. La.R.S. 9:2800.51, et seq., against the manufacturer, alleging that it failed to design, construct and retrofit the machine in accordance with accepted hazard control, design and construction safeguarding and failed to equip the machine with a fixed or interlocked movable guard or with other available safeguarding or protective devices such as pull back (pull out) and restraint devices; electro-optical, RF, and area scanning presence-sensing safeguarding devices; safety mat devices; safety edge devices; and/or probe detection devices, all of which were allegedly available options on the retail market at the time of plaintiff's accident. Giddings & Lewis argued that the plaintiff was solely at fault for reaching across the rotating spindle, that the employer was at fault for failing to properly train plaintiff and/or that the employer was responsible for the selection and implementation of optional safety devices.

The case settled with Giddings & Lewis paying $250,000 and the employer waiving its $180,000 worker's compensation reimbursement claim and remaining responsible for plaintiff's accident related future medical expenses.

Continue reading "Louisiana Product Liability Attorneys Settle Case Involving Boring Machine Accident in Ville Platte" »