South Carolina Lawyer Blog

Federal safety officials are warning employers to take steps this winter to protect workers from serious – and sometimes fatal – exposure to carbon monoxide.

The move follows a recent workplace injury incident in a New England warehouse where a worker was found unconscious and having a seizure from carbon monoxide poisoning. Several other workers at the site also became sick. The facility had no exhaust ventilation, and all of the windows and doors had been closed to conserve heat.

Job sites in South Carolina that use gas equipment or heaters can pose a danger to the men and women who work there. The risk increases during winter – when doors and vents are closed to keep out the cold.

Following is from the Occupational Safety & Health Administration:

Every year, workers die from carbon monoxide poisoning, usually while using fuel-burning equipment and tools in buildings or semi-enclosed spaces without adequate ventilation. This can be especially true during the winter months when employees use this type of equipment in indoor spaces that have been sealed tightly to block out cold temperatures and wind.

Symptoms of carbon monoxide exposure can include everything from headaches, dizziness and drowsiness to nausea, vomiting or tightness across the chest. Severe carbon monoxide poisoning can cause neurological damage, coma and death.

Sources of carbon monoxide can include anything that uses combustion to operate, such as gas generators, power tools, compressors, pumps, welding equipment, space heaters and furnaces.

Following are some safety measures that can reduce the risk of carbon monoxide poisoning in the workplace:

• Effective ventilation systems
• Avoiding gas and oil-burning equipment in enclosed spaces
• Installing carbon monoxide detectors in hazardous areas
• Training workers and supervisors on carbon monoxide risks.

Thousands of workers are injured and killed in workplace accidents each year. Many of these accidents could have been prevented by jobsite safety measures.

Source: Occupational Safety & Health Administration http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=23571

Failure to make workplaces fully safe and accessible may be behind recent findings that workers with disabilities are injured almost twice as often as other workers. A study that appears in the September issue of the American Journal of Public Health concludes that improvements to workplace conditions could help disabled workers avoid injuries.

The researchers looked at the U.S. National Health Interview Survey spanning 2006 to 2010 and uncovered a pattern of unnecessary and increased injuries for disabled workers. They found that disabled workers are more likely to be injured from falls or transportation accidents. They also more likely to be injured in accidents not directly related to work activities.

Disabled workers were injured in work activities at the rate of about 6 in 100, compared with a rate of 2.3 for every 100 workers without disabilities. Disabled workers also were injured in accidents not tied to job activities at the rate of 16 in 100, more than twice the rate for other workers.

Need for Safety Programs

Dr. Huiyun Xiang, the study’s co-author and a principal investigator in the Center for Injury Research and Policy at Nationwide Children's Hospital, said in a press release that the study “shows the need for better accommodation and safety programs in the workplace and the need for a safer working environment.” Improvements in workplace conditions and better communication could not only help prevent injuries for workers with disabilities, but also could improve safety for all workers, the study’s authors say.

Employers may not be doing everything they can to make sure messages about safety are clear and understandable for all workers. Workers with disabilities may need different efforts, like differently colored paper or ink, Braille lettering or verbal communication.

If You Are Injured, Contact an Experienced S.C. Personal Injury Attorney

Since 1959, the Louthian Law Firm has helped obtain favorable verdicts and settlements for countless numbers of clients injured in workplace accidents in South Carolina. Let us help you, too. For a free evaluation of your claim, call the Columbia, S.C., personal injury lawyers at the Louthian Law Firm at 888-662-2896 or 803-454-1200 or fill out our confidential online form.

People who work evening or night shifts, rotating shifts or irregular shifts may suffer from a serious but invisible workplace danger: an increased risk of heart attack or stroke.

Researchers who examined the results of more than 30 different studies found that shift workers are more likely than others to have a heart attack or stroke, according to a report on MedlinePlus.

The experts looked at information from more than 2 million patients. They found that shift workers are about 23 percent more likely to have a heart attack than non-shift workers. They are also about 5 percent more at risk for strokes.

Night shift workers were the most affected, with a 41 percent higher risk of heart-related illness. The lead researcher, Dr. Daniel Hackam, said shift work could be to blame for many heart attacks and strokes in the United States. “Since we are now in a 24/7 society, this problem is not likely to go away any time soon,” Hackam said.

Dr. Gregg Fonarow, who teaches at the University of California, Los Angeles, pointed out that the findings support other research linking shift work or irregular hours to increased risks of heart-related illnesses and strokes. With an estimated 15 million people in the United States working odd schedules or evening and night shifts, the findings point to a serious workplace health problem.

Health Precautions for Shift Workers

Dr. Hackam said that all employers and employees need to be aware of these health risks. He suggested regular screenings for shift workers to check for signs of heart problems.

Workers should take extra steps to protect and improve their health, especially heart health, the experts say. Make sure you get enough sleep — especially high-quality sleep — if you work nights or irregular hours. Avoid junk food and caffeine, and try to sneak in a quick nap before work.

Contact a South Carolina Workers’ Compensation Attorney

The Columbia, S.C., workplace injury lawyers at Louthian Law Firm have experience in workers’ compensation cases. If you have been injured at work, call us at 1-866-410-5656 or fill out our confidential online case evaluation form.

We are committed to providing personal service and to obtaining fair compensation for all our clients.

A Burlington Northern Santa Fe Railway employee was awarded $2 million by a Yellowstone County, Montana jury for an injury he suffered in 2001.

The employee tripped over a radio handset cord in the locomotive and fell down three steps. The man suffered back injuries that required surgery and has left him with chronic pain. Although the man is currently working at the railroad as an engineer, his attorney said he will probably be medically discharged from his job in the future

Prior to the start of the trial, the presiding judge ruled that the railroad could not argue that the employee contributed to his own injury because the railroad had thrown away the handset and cord.

The five-day trial focused on determining the amount to award. The plaintiff did not ask for a particular amount.

Since 1959, the Louthian Law Firm has helped obtain favorable verdicts and settlements for countless numbers of clients injured in workplace accidents. Let us help you, too. For a free evaluation of your claim, call the Columbia lawyers at the Louthian Law Firm toll free at (866) 454-1200 or (803) 454-1200 or fill out our confidential online form.

Workplace Accident

A Marshall County, West Virginia jury found American Electric Power (AEP) negligent in a 2007 explosion, and they must pay close to $7 million to the family of a man that died in the explosion.

The lawsuit was brought on behalf of a Tyler County, WV man who was a truck driver at the Muskingum River Power Plant. The family’s lawyer claimed the explosion was caused by dangerous conditions on the facility’s hydrogen storage tank. They also claimed there an explosion 15 months prior and AEP had not taken any corrective actions to prevent a similar accident.

An Ohio jury had recently returned a $6 million verdict against AEP for a man who was injured in the same explosion.

The power plant is located on the west bank of Muskingum River, near the town of Beverly, Ohio.

Since 1959, the Louthian Law Firm has helped obtain favorable verdicts and settlements for countless numbers of clients injured in workplace accidents. Let us help you, too. For a free evaluation of your claim, call the Columbia lawyers at the Louthian Law Firm toll free at (866) 454-1200 or (803) 454-1200 or fill out our confidential online form.

Workplace Injury

A San Diego Navy Veteran who was diagnosed in 2010 with mesothelioma, an asbestos-caused cancer, was awarded $2.4 million in damages after his disease was found to be attributed to his work in ship boiler rooms.

The lawsuit, filed against John Crane, Inc., claimed the plaintiff was exposed to asbestos while serving in the Navy from 1961 to 1971 in his work in the maintenance and repair of boilers, pumps and valves. The suit claimed John Crane made some of the asbestos-containing packing material and gaskets in the equipment.

The total damages of about $2.4 million include nearly $1.4 million in noneconomic damages and $450,000 for loss of consortium. The jury found John Crane five percent liable, the Navy and insulation companies 57 percent at fault, some manufacturers and suppliers 37 percent at fault. The plaintiff himself was found to be one percent at fault.

The plaintiffs have settled with or dismissed 20 other parties named in the suit.

Mesothelioma and other respiratory diseases have been linked to the inhalation of airborne asbestos fibers. This usually occurs by breathing air contaminated with microscopic asbestos fibers, often in workplaces where asbestos was manufactured or used as building material. If you or a loved one is suffering from an asbestos-related disease, contact the experienced attorneys today at the Louthian Law Firm at 1-866-454-1200 or online for a free evaluation of your case.

Mesothelioma Case

In what is believed to be the largest award in a single plaintiff’s asbestos case, a jury has awarded $322 million to a 48-year-old man who is suffering from asbestosis and has to be on oxygen 24 hours a day.

The jury awarded $300 million in punitive damages and $22 million in actual damages, and found the defendants were liable for defectively designing their product and failing to provide an adequate warning to workers.

The lawsuit, filed against Chevron Phillips Chemical Company and Union Carbide Corp., states the man worked in the oil field from the age of 16 in 1979 to the mid-1980s and mixed an asbestos drilling additive. It was during this time, the lawsuit claims, he inhaled the harmful substance.

The drilling mud was manufactured by Union Carbide and sold by Chevron Phillips. The two companies are accused of continuing to market the almost 100% asbestos product after they knew it caused cancer and lung disease.

Asbestosis, and other respiratory diseases have been linked to the inhalation of airborne asbestos fibers. This usually occurs by breathing air contaminated with microscopic asbestos fibers, often in workplaces where asbestos was manufactured or used as building material. If you or a loved one is suffering from asbestos exposure, contact the experienced attorneys today at the Louthian Law Firm at 1-866-454-1200 or online for a free evaluation of your case.

Toxic Product Injury

The Missouri Lake Gazette reports a man has been awarded $750,000 for injuries suffered in 2004 while working for Pace Industries (now known as Leggett & Pratt) in Monroe City, MO.

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A jury has awarded $48 million in damages to a worker rendered paraplegic after a fall from a ladder at an Indiana steel mill. Anthony Arciniega fell from a ladder at ISG Burns Harbor -- now ArcelorMittal -- in November 2004. Court documents said the ladder was covered with refractory concrete due to the negligence of a subcontractor.

Building something new can be very satisfying work. Unfortunately, it’s also one of the deadliest civilian jobs in the United States, with the nation’s third-highest rate of fatalities, according to the federal Bureau of Labor Statistics.

Since 1959, the Louthian Law Firm has helped South Carolinians win compensation for construction injuries and other serious injuries. We always offer free, no-obligation case evaluations, and we don’t take a dime in fees until we win your case. To speak with us confidentially about your case, call us today at 1-866-410-5656.

Steel Mill Verdict

A week after the fires at the Imperial Sugar Co. plant in Port Wentworth started, firefighters finally managed to douse the last remnants of the refinery blast, but not before another victim was pronounced dead. Seven other people have been found dead in the rubble at the Imperial Sugar Co. plant, bringing the death toll to eight, while one worker remained missing.

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In a prime example of the lengths to which an employer will go to maintain profits and maintain a seemingly spotless safety record, a Greenville poultry plant has been accused of forcing workers with on-the-job injuries back on the job only hours after having medical procedures to repair things like lost digits and broken bones, according to an Associated Press report.

House of Raeford Farms boasts that its Greenville plant has gone more than 7 million hours without a “lost-time accident,” meaning no worker has been injured badly enough to miss an entire shift. But according to the company’s own safety logs, at least 8 workers at the plant suffered amputated fingers or broken bones – all during the time the plant claimed to have millions of safe working hours dating back to 2002. Managers kept the streak alive by requiring injured workers to return to the plant – in some cases hours after medical procedures. When none of the injured workers missed a complete shift, the company was able to keep its safety record intact.

The article details the story of Cornelia Vicente, an employee who was packing chicken tenders at the House of Raeford when a conveyor belt snagged her glove, snapped her right arm and ripped off the tip of her index finger. Only hours after her surgery, a House of Raeford nurse who had come to the hospital told Ms.Vicente that the company would expect her back at the plant early the next day. The following morning, managers put Ms.Vicente to work wiping down tables and handing out supplies, she said.

Continue reading "Poultry Plant Forces Injured Workers Back On The Job" »

The South Carolina Workers’ Compensation Commission rejected an order made by Governor Mark Sanford to begin using new uniform standards in deciding how much should be paid to injured workers with long-term disabilities.

The commission signed an order on October 25th that said that they would follow the law as written, which took into account the individual facts of each case, and not Sanford’s order to begin using uniform standards in determining the amounts awarded to the injured workers.

The commission’s order noted that lawmakers had previously rejected Sanford’s call for using the medical guidelines in workers’ compensation cases. The order, signed by all members of the commission stated that the commission “is bound by the statutory laws of South Carolina, state Constitution, Code of Judicial Conduct and commissioners’ oath of office to uphold and be faithful to these laws.”

The republican governor’s executive order to force the new standards had predictably won praise from the leaders of the businesses who are responsible for paying out the monies owed to workers with long-term disabilities. With so many different variables involved in worker’s compensation cases, using a uniform standard for deciding monies owed makes little sense.

Continue reading "Worker’s Comp Commission won’t follow Sanford order’s standard" »

A McDonald’s worker, who was strip-searched and sexually abused by a man masquerading as a cop got a $6.1 million jury award in her lawsuit against the fast food giant. According to a news article in The State , Louise Ogborn had filed a $200-million lawsuit against her employer alleging that McDonald’s officials had not warned her and other employees about the hoax caller, who had done the same at other chain restaurants.

Ogborn, who is now 21, was only 18 years old when the incident occurred. According to the article, the jury awarded her $5 million in punitive damages and about $1.1 million in compensatory damages. The decision came after a four-week trial and 13 hours of deliberations, the article said. Ogborn’s attorney maintained that the company was negligent although attorneys for McDonald’s argued that the company could not be held liable for what happened to Ogborn. Company officials are reportedly mulling over an appeal. In deciding on the compensatory damages, jurors said both McDonald’s and the unnamed caller were liable.

Continue reading "Former McDonald’s Worker Gets $6.1 Million For Illegal Strip Search" »

A South Carolina Longshoreman who was injured when a steel shipping container fell onto his SUV, settled a personal injury lawsuit for $13.2 million. The settlement is thought to be one of the largest of its type in South Carolina history, according to an Associated Press Report.

Michael Clarkin suffered injuries to his legs, back, and nervous system when the container fell onto his SUV at the State Ports Authority’s North Charleston Terminal. The settlement was reached with the Ports Authority and two other defendants.

Continue reading "Longshoreman settles accident suit for $13.2 million" »

Nearly 6,000 workers will die on the job this year. Two million will more be seriously injured. No less than 50,000 will die due to exposure to toxic substances causing cancer, lung and heart ailments from these harmful work environments.

As a result of these injuries over $3 billion will be lost from health care expenses to lost production and wages as well as other costs to employers and workers.

ITT is trying to reduce the risk of worker injury to zero. The company, which has 44,000 employees, is getting close to that goal. Other employers should read about how ITT is achieving this goal and model their workplace safety policies and procedures after ITT.

The Occupational Safety and Health Act needs to be fixed. OSHA is run by political appointees of President Bush, many of whom are former executives of the same industries they are supposed to regulate. These same heads of the OSHA organizations have discontinued safety education and training programs and worked with Bush and Republican leaders in Congress to cut their own budgets by millions of dollars they have blocked, withdrawn or weakened dozens of safety rules and stopped the implementation of other safety rules and regulations which have been recommended by safety and health experts.

One proposed rule would have required employers to provide free protective equipment including goggles, hard hats and gloves for the thousands of low-wage workers who are unable to afford these simple safety items but the proposal was blocked by OSHA.

Continue reading "Workplace Injuries Out of Control" »