Man jumps into tub of acid to save coworker

by Pete Strom on May 9, 2012

According to CBS News, Four roofers in Clifton, N.J. rescued a co-worker who had fallen through a factory roof in and dropped 40 feet into a tank of acid.

The men were part of a crew working at Swepco Tube LLC. The accident happened Monday morning.

Martin Davis, 44, was working on the roof of Swepco Tube LLC, a metal tube manufacturing plant when he fell into the tank of nitric acid. Rob Nuckols, 51, jumped into the vat and with the help of three other workers, pulled Davis out.

When Davis fell, he was fully submerged in the acid, which was filled with a 40 percent to 70 percent solution of nitric acid used to clean metal tubing.

The fire department arrived about five minutes later and cut off Davis’ clothes and sprayed him down with water to stop the acid from burning through his skin. Nuckols also suffered burns on his legs and torso.

Davis is currently in critical condition.

Burn Injuries Can be Life Altering

Burn victims may suffer muscle, bone, blood and tissue damage as well as subsequent pain due to injury to nerves. Burns can also be fatal.

Depending upon the severity of the burn as well as the location of the burn, a burn victim may experience a wide number of potentially fatal complications, including shock and respiratory distress.

Burns can also result in severe psychological and emotional distress related to scarring and deformity.

Best wishes for a speedy recovery.

Upstate Company Fined $480K for Worker Protection Failure

by Pete Strom on April 26, 2012

The Federal Government recently issued a $480,000 fine for an Upstate company for the way it handled a waste cleanup project in Florida.

Welch Group Environmental is based out of Belton. According the US Department of Labor, Welch Environmental neglected to protect their workers from exposure to unsafe levels of lead during a cleanup in Delray Beach, Fla.

Federal investigators said the company failed to provide eye and head protection while workers were cleaning up lead. Eye and head protection reduce the employees’ exposure to lead, which is a toxic metal. The labor department said in a news release that the company allowed workers to be exposed to lead at levels higher than the safety limits.

Welch has now been places in the severe violator enforcement program by federal officials.

According the company website, Welch Environmental specializes in the removal of lead from indoor and outdoor shooting ranges. This cleanup prevents lead from entering groundwater and wetlands. Along with their office in Belton, Welch also has offices in Anderson and Fair Play, according to the labor department.

Nail Penetrates Man in the Back of the Head

by Pete Strom on April 26, 2012

A construction worker is lucky to be a live after being penetrated in the back of his head by a three inch nail.

Jeff Lupak, 45, was working on a construction site in Bismark, North Dakota when the accident occurred. Lupak asked a colleague to hand him a 16 gauge nail gun. In the process of receiving the nail gun, the gun fired hitting Lupak in the back of the head with a nail.

Amazingly, Lupak said he felt no pain, just stinging pain and slight pressure in the back of his head.

Lupak was rushed to a hospital in Bismark. He was then transported to St. Joesph’s Hospital in St. Paul where neurosurgeons were waiting to carry out the surgery to remove the nail.

Lupak recalled doctors telling him, “Leave it in, it’ll rust and you’ll die of infection. Pull it out and you’ll bleed to death.”

Despite the risk, doctors performed the surgery to remove the nail. Incredibly, the nail missed all major arteries and was lodged between the left and right hemispheres of Lupak’s brain.

The surgery took more than an hour to performed, but proved a success. Lupak came out of the surgery with only minor problems including problems moving his left toes and ankle.

Doctors expect Lupak to make a full recovery.

“Somebody was looking out for me,” said Lupak, a father of three girls.

Marijuana User Not Entitled to Workers’ Compensation Benefits

by Pete Strom on January 4, 2012

A worker who smoked a marijuana joint before climbing a tree must have forgotten he was about ten feet off the ground, literally.

Daniel Davidson, the employee, sustained injuries while removing tree limbs at a job site and filed a claim for workers’ compensation. The employer denied benefits, contending that the injury was the result of the employee’s intoxication and misconduct.

A witness who watched Davidson’s fall said he looked like he had “stepped into thin air” before dropping to the ground. According to court records, Davidson’s supervisor had ordered him not to climb the trees while removing the limbs from the job site.

Davidson himself had no explanation for the cause of the fall and a urine sample taken at the hospital the day after the Tennessee man fell showed he had an intoxicant level 50 times beyond the level need for a positive result.

A trial court ruled that impaired vision, delayed reaction time, and lack of memory due to marijuana caused his fall and injuries. The worker appealed, arguing the trial court was wrong about his intoxication levels.

But the Tennessee’s Supreme Court’s Workers’ Compensation Appeals Panel stuck with the lower court’s ruling, giving the employer a not-so-great early Christmas present.

Work Stress Causes 10 Percent of Strokes

by Pete Strom on December 20, 2011

South Carolina Workers’ Compensation Attorneys

According to the results of a new study, mental stress at work may increase your risk of suffering a stroke.

The results indicate that among middle class and upper class men, those who experienced psychological stress at work were about 1.4 times more likely to have a stroke than those not experiencing psychological stress on the job.

Researchers said this means that overall, about 10 percent of strokes in this group can be attributed to work stress.
The participants answered surveys which included questions about their level of physical fitness and how often and much they drank and smoked. They were excluded from the study if they had a history of family heart disease or a heart attack.
The study was published in this month’s Journal of Occupational and Environmental Medicine.

The findings are based on information from about 5,000 men ages 40 to 59 living in Copenhagen, whom researchers surveyed in 1970 to 1971 and followed for 30 years. During the study period, 779 men suffered a stroke, and 167 died from one.

Among men in the three highest classes, the risk of stroke increased 38 percent among those who said they endure stress at work regularly, compared with those who reported it they experience it rarely. The risk was most significant for younger men, likely because these men were exposed to work stress for a longer period of time.

LOWERING STROKE RISK
There are ways to lower the risk of stroke, according to the American Stroke Association.

These include:
• Not smoking
• Maintaining low cholesterol
• Monitoring blood pressure
• Maintaining a healthy diet with five or more servings of fruit and vegetables per day
• Aiming for at least 30 minutes exercise every day
• Reducing alcohol intake
• Avoiding illegal drugs

Warning Signs that you may be suffering a stroke include:

• Sudden numbness or weakness of the face, arm, or leg especially on one side of the body;
• Sudden confusion, trouble speaking or understanding;
• Sudden trouble seeing in one or both eyes;
• Sudden trouble walking, dizziness, loss of balance or coordination;
• Sudden, severe headache with no known cause.

If you experience any of these symptoms, your response time is critical. Call 9-1-1 immediately.
By: Pete Strom, South Carolina Injury Lawyer

15% of WC Injuries Are the Result of a Slip and Fall

by Pete Strom on December 20, 2011

South Carolina Workers Comp Lawyers

Fast Facts

-Slip & fall injuries make up 15 percent of all worker’s compensation claims.
-65% of lost work days are the result of a slip and fall accident.
-22% of slip and fall incidents resulted in more than 31 days away from work.
-24% of workplace slip and falls can be directly attributed to footwear.

How to Proceed After a Work Injury

Report the Injury:

When you are hurt on the job , it is critical that you report the injury to your employer as soon as possible, but no longer than 90 days after the accident.

Seek Medical Attention:

Your employer should direct you to a physician who will evaluate the extent of your injuries. If your employer does not schedule an appointment for medical treatment, you should immediately obtain medical treatment and an evaluation of your condition from a medical doctor so that you begin documenting the extent and severity of your injury.

Be a Responsible Patient:

Follow all of your doctor’s treatment advice. If you do not understand a treatment protocol, just ask. Be honest about the nature and extent of your injury with your doctor. (Fraudulent claims are taken very seriously and a false statement may result in criminal prosecution.)

Click here to read more.

By: South Carolina Workers Comp Attorney Pete Strom

Liberty Denim Fined After Worker’s Death

by Pete Strom on December 20, 2011

A Liberty, SC company will have to pay more than $3,200 in fines after a worker died at the plant in August.

Lewis Smith, 41, died at Liberty Denim in August. A supervisor discovered Smith was caught between the rollers of a Sanforizer machine after he fell into the machine and died in the textile plant. The Pickens County coroner rules the man died of positional asphyxia.

State investigators said that the supervisor and Smith had a conversation about problems with the quality of the fabric. The supervisor left and came back about 15 minutes later to find the victim in the machine.

The South Carolina Department of Labor, Licensing & Regulation found two serious violations at Liberty Denim upon investigation. The first involved failure to develop and use safety procedures designed to handle the potentially dangerous energy from the Sanforizer machine. The second was failure to inspect and update the energy control procedure in place.

According to an article in GreenvilleOnline.com, Lesia Kudelka, spokeswoman for the South Carolina Occupational Safety and Health Administration, said the citations issued to Liberty Denim were serious. Kudelka also said the maximum penalty for a “serious” violation is $7,000. In computing a penalty, the agency considers many factors, including gravity of the violation, company size and employer’s safety history, she said.

Cal State Employee Dies in Elevator Accident

by Pete Strom on December 20, 2011

South Carolina Workers Compensation Lawyers

A Calirfornia State University worker was killed after deciding to climb out of an elevator when it was stuck between two floors.

Forty-eight-year-old Annette Lujan was climbing out the elevator in an administrative building when the elevator started to move and the 2,000 pounds trapped and crushed her.

Fire crews came to the building to life the elevator, administering first aid at the scene. Lujan died later at the hospital.

Fire Captain Rich Brandt advised that people who are stuck in elevators need to stay there to avoid these accident related risks.

Cal State’s Mary Stephens, vice president of administration and finance confirmed the accident in her address to the campus.
“The university has endured a terrible tragedy today. I know all of us extend our deepest condolences to the victim’s family, friends and co-workers.”

Stephens noted that a complete investigation with the University Police and Los Angeles County Coroner’s Office is in progress.
Unconfirmed reports indicate that Lujan had notified others of her entrapment but attempted to escape before safety officials had arrived.

Cal State spokesman equated the accident to an apparent elevator malfunction that occurred between the two floors. Lujan was the only person on the elevator that started moving upon her exit attempt. Accident details are under investigation.

Workers Compensation Death Benefits

by Pete Strom on November 3, 2011

South Carolina Workers’ Comp Lawyers

Funeral Costs, Medical Bills, Weekly Compensation

Workers’ Compensation coverage is elective for employers in South Carolina with three or less employees. Anyone employing four or more employees is required to have workman’s compensation insurance, which provides benefits in the event that an employee is killed related to a workplace accident.

When a loved one is killed in a work accident, a spouse and each child may receive weekly compensation.

Workers’ Compensation Death Benefits

Medical: Medical expenses related to the employee’s death will be paid and/or reimbursed.

Services: Funeral expenses as set forth pursuant to South Carolina Code Section 42-9-290.

Paid compensation: Financial assistance in the form of compensation benefits will be paid according to the following terms:

All workers’ compensation death benefits are exempt from the claims of creditors and all estate taxes.
2/3 of the employee’s weekly wage will be paid to a spouse, or a spouse and dependent children. The weekly benefit will not be less than $75 or more than the annual compensation rate limit. (For 2010, this is $689.71.) The benefits will be paid up to a maximum of 500 weeks with two exceptions: 1. Weekly benefits already paid to the employee (and family) during injury will be subtracted from the death benefit limit. 2. When a spouse remarries, a two-year lump sum is payable to the spouse upon remarriage and weekly benefits cease.

Children receive benefits beyond age 19 if disabled, or until age 23 if they are full-time students.

Who Receives Death Benefits When There Are No Dependents?

If there are no dependents, workers comp death benefits will be paid out among partially dependent persons.
If there are no dependents at all, workers’ comp death benefits will be paid to non-dependent children.
If the deceased employee does not have children, the worker’s comp death benefits will be paid to the employee’s parents.
A claim for death benefits must be filed within two years of the employee’s death.

Click here to find out what to do if your employer denies your benefits and/or your claim to compensation under the South Carolina Workers’ Compensation Act.

By: Pete Strom, South Carolina Workers Comp Attorney

South Carolina Nail Gun Injuries

by Pete Strom on October 27, 2011

South Carolina Workers Compensation Attorneys

Nail guns are used on a daily basis on many construction sites, especially in residential construction. While nail guns may increase efficiency, they also result in tens of thousands of severe injuries each year.

In fact, nail gun injuries are so common that a study of apprentice carpenters determine:
• 2 out of 5 were injured using a nail gun during their 4 years of training.
• 1 out of 5 were injured twice.
• 1 out of 10 were injured three or more times.

Not surprisingly, nail guns are responsible for an estimated 37,000 emergency room visits each and every year.

Several nail gun injuries and accidents have resulted in death. The Occupational Safety and Health Administration (“OSHA”) claims about two-thirds of nail gun injuries occur in framing and sheathing work. Injuries also regularly occur in roofing and exterior siding and finishing.

Nail Gun Injuries are Under-reported.

When they do occur, many victims do not report the injury and do not request or receive any medical treatment.

Reducing the Risk of Nail Gun Injury

Risk factors that increase the chance of a nail gun injury include the type of trigger system and the amount of training received.

The risk of a nail gun injury is twice as high when a multi-shot contact trigger is used as opposed to a single-shot sequential trigger nailer.

OSHA offers the following steps that contractors can take to reduce the likelihood of a nail gun injury:

1) Use full sequential trigger nail guns;
2) Provide training;
3) Establish nail gun work procedures;
4) Provide personal protective equipment (PPE);
5) Encourage reporting and discussion of injuries and close calls; and
6) Provide first aid and medical treatment.

Click here to read more nail gun safety tips.

By: South Carolina Workers Compensation Attorney Pete Strom

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