Connecticut Injury Attorney Blog

A 39 year-old construction contractor was killed the afternoon of Sunday, January 8, 2012, when he was thrown from the excavator he was operating and pinned between it and a building. Firefighters responded at 4:00 p.m. to a report that a man was wedged between his equipment and the wall of a building. The machine, a Bobcat excavator, apparently rolled onto him after he was somehow ejected from it. Rescuers used air bags to lift them machine off of him, a process that took almost twelve minutes. The man's chest was crushed, and firefighters were unable to revive him. He was later pronounced dead at the hospital.

The man was the owner and sole full-time employee of a construction company. The Bridgeport Housing Authority hired a construction company to perform work at the site and believes they subcontracted the man's company. A spokesperson for the housing authority said that they do not normally authorize construction work on weekends.

The Occupational Safety and Health Administration (OSHA) announced that it will conduct a preliminary investigation to attempt to determine what caused the accident. This investigation will also determine whether OSHA has jurisdiction to look into the matter further. OSHA is a federal agency contained within the Department of Labor. Its general mission is to establish and enforce workplace safety standards. Construction sites often present complicated issues for OSHA regulators and anyone else interested in workplace safety, including personal injury attorneys, since they often involve multiple businesses and an intricate web of contractual relationships. Determining an individual worker's employment relationship can be difficult, not to mention determining who has primary responsibility over a particular area or function at a site.

Construction accidents also present a complex set of legal issues, since so many types of accidents can occur. A person injured in a construction accident may be able to make a claim under several legal theories, provided a liable party can be identified. These may include ordinary negligence, premises liability, or products liability. Under ordinary negligence, an injured person must prove four elements: that the defendant owed the person a duty of care, that the defendant breached that duty, that the breach actually caused the injury, and that the person suffered measurable damages. On a construction site, workers owe a basic duty of care to one another to perform their job duties in a reasonably safe manner. A worker who does something unsafe that causes injury to another could be liable for that person's damages.

Continue reading "Bridgeport Construction Contractor Killed in Excavator Accident" »

A construction worker died from injuries sustained in a fall at a Stamford work site on October 25, 2011. The man was reportedly installing a roof at the new Chelsea Piers sports complex. In gusty wind conditions, and without wearing a safety harness, he fell 50 feet to his death around 1:00 p.m. Two of the man's brothers were present at the worksite when he fell. Emergency responders said that he was unresponsive when they arrived at the scene.

The Occupational Safety and Health Administration (OSHA) has shut down the site pending an investigation into the accident. The roofing project at Chelsea Piers is being overseen by contracting firm American Building Group. The Stamford Advocate notes that American Building Group has a history of OSHA investigations over the past several years, including violations related to scaffolding in 1999 and 2005. An August 1999 inspection led OSHA to cite the company for problems with scaffolding, electrical systems, and a shortage of personal protective equipment. It fined the company $5,400 for six violations. In 2005, OSHA fined the company $7,050 for scaffolding and heavy equipment problems. The most serious violation came in 2006, when OSHA found that the company had not adequately protected workers at an excavation site and fined the company $20,000.

Since the investigation by OSHA is still underway, it is premature to do any more than speculate on how liability may ultimately be apportioned in this case. Key questions involve the employment relationship between the worker and the general contractor, the involvement of other subcontractors in any conditions leading to the accident, and negligence on the part of the worker that might offset a contractor's liability. The answers to most of these questions are not known, either because investigations are underway or information is not available from the media. Still, they are worth exploring.

Continue reading "Connecticut Worker Dies in Construction Accident" »

One can hardly doubt that persons who have sustained serious work site injuries, some that have led to their Death, by their pursuit of lawsuits beyond the mere assertion of workers compensation claims have fostered awareness and safety for many. The Triangle Shirtwaist Factory Fire that occurred in the year 1911 was one of the most tragic industrial accidents in U.S. history. 146 workers lost their lives, many were young female immigrants.
The factory conditions were so deplorable and unsafe that a criminal investigation and charges were filed but the owners of the Factory were acquitted. However, they were sued for civil damages-monetary compensation for those that lost their lives and brought wrongful death claims which they won. The American Society of Safety Engineers(ASSE) was also founded, in part, because of this event and made efforts to bring attention to the horrid conditions which the workers were having to work in.

Continue reading "Safety In The Work Place- " »

For the surviving family members of someone killed in a car accident, construction site mishap or any other situation where the fault may lie with another Entity or Individual there is often a knowledge gap about what to do. In Connecticut, an individual that has died is no longer a recognized legal entity. Rather, it is their Estate which may act through an individual appointed by a Probate Court commonly referred to as an Administrator or Executor. The Probate Court system is accessible and the clerks are generally knowledgeable and sympathetic with a desire to assist those who have experienced such a loss. Accordingly, it is usually a very good idea to have a responsible family member appointed as the Adminsitrator, often times the Executor named in the Will should that exist is a good candidate for this position of Trust.

Continue reading "Wrongul Death- A To Do List" »

A weak economy In Connecticut as in Many other places has generated an increasing number of temporary work positions as companies are reluctant to hire permanent full time workers. This is not just a payroll issue but also one of oversight and management. In factories, warehouses and construction sites where many of these temps wind up laboring there is often a lack of training, supervision and accountability for the safety of those so employed. When a temporary worker is injured there is of course a workers compensation remedy available but the company for whom they were toiling is simply free to hire another temp and ask that the injured temp not return at all. To balance those inequitable scales and also to make up for the harm caused by shoddy or sometimes non existent safety practices the injured temporary employee should consider the initiation of a traditional tort action sounding in negligence which may in such circumstances be asserted against the company on whose job site they were injured. This remedy is one that would not generally be available to a direct employee due to the existence of a workers compensation exclusivity bar to bringing such actions which is legislated into the law in our State as well as many other Sister States.

Continue reading "Temporary Workers, A Permanent Problem OF Accountability" »

The immediate goal of initiating a lawsuit where governmental or Industry standards have been deviated from is obviously to compensate the unfortunate victims injured as a result. What may not be so obvious, however, is that in addition to providing remedies to those who have been injured, the evolving body of standards and practices recognized by governmental bodies and industry standards setting organizations benefits society as a whole, in that litigation premised on these principles often serves as a vital force for change, resulting in safer products, improved warnings, better regulation of work sites , and greater public awareness of the hazards. Over the last fifty years litigation involving these principles has caused significant changes in the way manufacturers do business and in the way businesses run their companies and regulate the safety of their own work environments. In the process, these changes have saved lives here in the United States and abroad, and prevented countless injuries.

Continue reading "Private Lawsuit Enforcement of Government and Industry Standards- " »

The construction accident death of a young man , struck by a steel Beam that fell upon him which had not been properly secured into its concrete pocket was initially invested by Federal OSHA last year. OSHA rendered findings that would support a finding of negligence on the part of the Builder MJM Carpentry. A deeper level of investigation, however, conducted by the Estate of the Decedent's Legal Counsel, Law Offices Of Paul Levin, has now resulted in the imminent filing of a Lawsuit against the general contractor along with the Developer and related individuals associated with the decision and profit making enterprise.

Continue reading " Construction accident Death in Farmington CT leads to Wrongful Death Lawsuit" »

The construction accident death of a young man , struck by a steel Beam that fell upon him which had not been properly secured into its concrete pocket was initially investigated by Federal OSHA last year. OSHA rendered findings that would support a finding of negligence on the part of the Builder MJM Carpentry. A deeper level of investigation, however, conducted by the Estate of the Decedent's Legal Counsel, Law Offices Of Paul Levin, has now resulted in the imminent filing of a Lawsuit against the general contractor along with the Developer and related individuals associated with the decision and profit making enterprise.

Continue reading " Construction accident Death in Farmington CT leads to Wrongful Death Lawsuit" »

In Theory, every work related injury should be documented in a timely manner by one's employer and there should be minimal dispute about whether an injured worker in Connecticut is entitled to Workers compensation benefits. In actuality though disputes about vocational injuries and disease , are often defended and administered by insurance companies and administrators in a manner which necessitates early retention of lawyer in order to obtain the benefits due and maintain entitlements to same throughout the life of the claim. The concept of a no fault based system of compensating injured workers appears to have its origin in Germany in the early 19th centruy. This development coincided with the advent of the industrial revolution which brought dangerous new workplaces into existence such as railroads, factories, mines and modern construction and engineering worksites. This in turn led to accompanying increases in injuries, deaths and new work-related diseases. The concept soon spread to other European countries and eventually the United States of America. Today, virtually every state has some type of workers' compensation system with the essential objective of providing a prompt mechanism of payment to an injured worker for medical bills, lost wages and longer term compensation for the impact of permanent loss of function to particular body parts. A worker inured in Connecticut does not assume the risk of injury and may receive benefits even if the injury was brought about as a result of their own carelessness. The test is whether the injury arose out of and in the course of employment. There are a few exceptions to this general rule and it is best to check with a Firm that handles workers compensation law to be on the safe side.

Continue reading "Connecticut Workers Compensation Overview" »

One of the more challenging categories of cases within the field of personal injury are Head injuries, Sometimes alternatively referred to as Brain injuries or Traumatic Brain Injury claims (TBI) these cases are often challenging and complex to pursue. For the Law Firm entrusted with this task of proving these claims while their clients are adjusting to all manner of symptoms ranging from Memory and speech to dizziness and headaches, the effort must be continuous. The importance of monitoring and studying the medical reports, assisting where necessary with making sure that the right specialists are evaluating and treating the clients cannot be overstated. In Connecticut, we have detected to some extent the existence of an institutional bias, even within the medical profession, where the more subtle types of Brain trauma are involved. My office has taken the deposition of well known neurologists tasked with performing an independent medical exam where they insisted that in the absence of evidence on an MRI or CT Scan of a brain injury that post concussive syndrome would simply not be a credible explanation for ongoing neuro psychological difficulties. That expert opinion, much like another, suggesting that a loss of consciousness was necessary to even have a brain injury , is not supportable under current guidlines nor peer reviewed clinical literature.

Continue reading "PROVING AND LITIGATING HEAD INJURY LAWSUITS" »

Injury to the spine is perhaps the most common body part reportedly affected from motor vehicle, industrial and construction accidents which take place regularly through the State of Connecticut. No doubt, a similar trend would be found to apply in other States as well. The severity of the injuries involved, naturally ranges from back strains and sprains to paralysis. It is safe to say though that anyone who has experienced the effects of any significant trauma to the spine can readily appreciate just how debilitating the effects of even a temporary severe strain may be.

From a legal perspective, the circumstances and cause of the injury event are critical in terms of figuring out who, if any person or company, may be legally responsible to compensate the injured party. In work circumstances, this is usually that individual's direct employer. Sometimes, a third person or company can be held financially responsible even in the presence of a work injury. That is one reason it is particularly helpful if the attorney retained knows what to look for and how to pursue both types of legal claims.

Continue reading "SPINAL INJURIES- A LAWYERS PERSPECTIVE" »

Personal Injury and Medical Malpractice cases are not only about benefiting the injured parties, obtaining answers for them and appropriate financial compensation,but also about achieving social justice which benefits us all. To quote Connecticut Supreme Court Justice Peter Zarella:

"The profession of law is not just a business. It transcends a mere occupation. It is a lifelong communal pursuit of justice."

Just like government must be accountable to have a free and fair society and its mistakes laid bare the same is true in our society's private endeavors. Errors committed by Connecticut area hospitals, physicians, construction companies, manufacturers , Insurance companies as well as Companies who employ Connecticut workers must be held accountable where their actions cause harm and suffering. The natural inclination to deny any mistake or wrongdoing and defend is most often the predictable iniital response. Occasionally, active concealment and coverup is as well. Neither instinct when allowed by these Entities to become an ongoing legal strategy serves to assure justice to those injured or the rest of us. That behavior is injurious to our familes in the larger community and must not be tolerated.

Continue reading "Public Interest Benefits From Personal Injury Lawyering" »

Construction site injuries occur with regularity and predictable levels of morbidity. Both the federal government via the Department of Labor's Occupational Safety and Health Agency and the State of Connecticut( Conn-Osha) track and release the grim statistics. In fact compilations are periodically released detailing how many construction workers die,suffer amputation, major back and extremity injuries etc. Beyond that the manner in which these unfortunate workers become injured are detailed in statistical format. It is striking that from year to year one can see the patterns repeat themselves. For example, X number of workers will fall from roofs, scaffolds and ladders and X numbers will sustain machine related injuries or have objects fall upon them. In Connecticut, as in many other jurisdictions,both workers compensation claims and general contractor negligence claims may be appropriate and necessary to initiate in order to enable an adequate financial recovery. The individual's employer is generally immune from tort liability absent extenuating circumstances but those entities in Control of the worksite or whom have a right to control the methods or manner of work may be held directly responsible to the injured worker.

.

Continue reading "Construction Site Injuries, A Multi-Legal Approach" »