Fairbanks Alaska Statewide Personal Injury Lawyers - Industrial Accidents

Rick Meshew killed in Alaska Conveyer Belt Accident

Ward Merdes — Mon, 24 Sep 2007 11:23:52 GMT

There was a tragic accident at a Matanuska-Susitna gravel pit on Thursday. The AP reports that Rich Meshew was killed in a conveyer belt accident. He apparently became tangled in the belt and died of related trauma.

Accidents like this have been happening with greater frequency of late. It's a shame that owners /operators of such dangerous equipment fail to improve the safety of such devices. Guards must remain in place. Nobody should work around such equipment unless supervised. Innocent lives are being destroyed.

That said, it's important for Mr. Meshew's family to understand that they have legal rights. They should consider hiring an attorney well versed in handling claims against industrial corporations and/or government entities, and should be aware of the following aspects of Alaska law:

1. The Statute of Limitations for personal injury / death accidents in Alaska is two years for Adults. AS 09.05.070 provides:

(a) Except as otherwise provided by law, a person may not bring an action (1) for libel, slander, assault, battery, seduction, or false imprisonment, (2) for personal injury or death, or injury to the rights of another not arising on contract and not specifically provided otherwise; (3) for taking, detaining, or injuring personal property, including an action for its specific recovery; (4) upon a statute for a forfeiture or penalty to the state; or (5) upon a liability created by statute, other than a penalty or forfeiture; unless the action is commenced within two years of the accrual of the cause of action.

2. Wrongful Death Claims are handled under AS 09.55.070 and AS 09.55.580. These statutes provide that claims for "pre-death" pain/suffering exist and benefit Mr. Meshew's estate. Also, if Mr. Meshew has dependents, his estate is entitled to bring just about a full claim for all related losses. Even without dependents, his estate has as limited claim for financial loss. Again, the estate only has two years to settle this claim, or file a lawsuit.

3. Worker's Compensation Issues: If Mr. Meshew was killed while at work, certain worker's compensation benefits are due his dependents / estate.

We pray for the Meshew family during this difficult time.

For more information on this subject, please refer to the section on Wrongful Death.

Originally posted at InjuryBoard by Ward Merdes

Talk to An Alaskan Personal Injury Lawyer ... For Free

Ward Merdes — Tue, 24 Jul 2007 22:29:24 GMT

Talk to a qualified Alaskan Personal Injury attorney for free. They are listed here.

Most folks are scared of lawyers. With the bad press a few generate, it's no wonder.

Yet, there is another side. What most people don't know, is that they can talk to a qualified Alaskan Personal Injury lawyer for free. That's right. Highly qualified attorneys are right here in Fairbanks Alaska who will take your phone call - help you evaluate your case - and all for free.

Look for attorneys with experience. Look for Board Certified attorneys who specialize in personal injury and death claims. The National Board of Trial Advocacy (NBTA) is the nation's premier attorney board certifying group. NBTA certification is difficult to achieve. Fairbanks has three such attorneys. You can't go wrong with a NBTA certified attorney.

Also, look for attorney who use a statistical program called "Jury Verdict Research" (JVR). It's expensive, but this program allows us to input specific facts about your claim: (1) how it happened; (2) type of injuries; (3) medical bills; and (4) lost wages, etc. The program then statistically compares your claim with more than 250,000 other claims across America. It provides a print-out of your claim's expected value, both in court and in settlement. We provide the JVR service for free on all claims that we accept. It's a smart tool that helps our clients.

When you (or a family member) are injured, you are cast into an arena where insurance companies are lions ... and you are not. Insurance companies have the biggest buildings in the world because we send them premiums every six months, and they don't pay out any money. They just add another floor, and fill it with more money.

Don't get eaten by the lions. Talk to a qualified Alaskan Personal Injury Attorney, for Free. He/she will help guide you through this process, even if they don't take your case. Heck, I probably help ten people for every case I actually accept. And, I'm glad to do it. The good attorneys in this world owe a higher level of community service to places like Fairbanks, Alaska. It's free and it's easy.

Originally posted at InjuryBoard by Ward Merdes

New Jersey Industrial Accident Hurts Couple

Shannon Weidemann — Tue, 08 May 2007 11:22:19 GMT

A couple using a forklift to move a printing press into a trailer were hurt in an industrial accident in New Jersey. They had been hired to move printing presses out of the old Tapco Inc. building. The trailer overturned onto the woman and her husband was thrown off the forklift he was operating. The wife was pinned under the trailer and her husband suffered a severe head laceration.

Because of the size and weight of the trailer, forklift and press, emergency responders ordered a crane from a towing company in Hainesport to free

the victim.

After about two hours and 45 minutes, police said they were able to lift the weight and fly Grullon-Almonte to Cooper Hospital by helicopter to be treated for severe injuries to her lower extremities. Her husband was also flown to Cooper Hospital to be treated for his head wound.

The couple resides in the Bronx. Tapco had not been operating at the location for a few years.

Originally posted at InjuryBoard by Shannon Weidemann

Sea-Tac Airport Worker Injured in Accident

Shannon Weidemann — Tue, 13 Mar 2007 11:11:38 GMT

A baggage handler was hurt at Sea-Tac Airport March 4th. The man works for Menzies who provides ground support for Alaska Airlines.

A Menzies spokesperson said two workers were connecting a baggage tug to a cart when the tug's engine suddenly surged. The vehicle backed into the victim, pinning him against the cart.
He was taken to Highline Medical Center, where he was treated for bruises and released.
It is one more accident for an operation plagued by problems in the past. Last winter there was a string of incidents at Sea-Tac, including an MD-80 damaged by baggage equipment and a 737 accidentally moved by a tug while it was hooked up to a gate.

Menzies states their safety record is improving. The baggage tug will be inspected to determine if anything is wrong with it.

Originally posted at InjuryBoard by Shannon Weidemann

Man Injured in Foam Factory Accident

Shannon Weidemann — Wed, 21 Feb 2007 13:17:33 GMT

A man was injured in an accident at the Flexible Foam factory in Portage, Ohio. The victim, age 40, had injuries on his lower legs and was taken to Divine Savior Healthcare and then airlifted to UW Hospital.

Early reports of the accident indicated a machine had malfunctioned, severing the man's legs beneath his knees. Police would not comment on the nature of the injury and said a machine had not malfunctioned.
"There's no broken machine," said Portage police Detective Lt. Mark Hahn.
Shortly after 8 p.m. paramedics were called to Flexible Foam, 2626 Murphy Road, a plant which produces components for mattresses and carpets. Flexible Foam is a division of Ohio Decorative Products, Inc.

Occupational Safety and Health Administration will be investigating the accident. It is believed there was no foul play.

Originally posted at InjuryBoard by Shannon Weidemann

Major Overhaul of BP Safety Procedures Recommended

Shannon Weidemann — Tue, 23 Jan 2007 10:33:39 GMT

Former U.S. Secretary of State James Baker headed a panel to investigate BP after a refinery explosion in March of 2005 killed 15 people and injured 170. It was the worst industrial accident in the United States in 10 years.

The panel recommended that BP change their safety procedures at all of their refineries.

The investigation found significant safety culture issues existed throughout BP's U.S. refining network as the company emphasized personal safety but neglected process safety risks that could result in major accidents.
"Instances of a lack of operating disciplines, toleration of serious deviations from safe operating practices, and apparent complacency towards serious process safety risks existed at each of the U.S. refineries," the panel said in a release.
BP, one of the world's biggest oil companies, needs to strengthen accountability at all levels of management and create a new system to identify and manage safety risks, the report found.

The CEO of BP John Browne said that the company's leadership team would be meeting with the panel to discuss implementing the changes.

Originally posted at InjuryBoard by Shannon Weidemann

Worker's Compensation Change Hurt Working Alaskans

Ward Merdes — Sat, 18 Nov 2006 13:00:19 GMT

Republicans Benefit Big Business, Sticking It To The Working Man/Woman.. Again.

Republicans change workplace rules in favor of industry ... again. [Surprise, surprise]

Alaska's Republican majority in the Senate recently changed workplace rules in favor of industry ... again. They hammered the working man ... again. While we have grown to expect this conduct, this most recent one was particularly sneaky.

Let me explain.

Most folks know that if they are hurt because of their employer's negligence, they have to pursue a Worker's Compensation (WC) claim. They are NOT allowed to sue their employer for negligence. By being jammed into a WC claim, injured workers are ensured of recovery - just not very much of it. It's like forced starvation. A worker can expect to receive not "just compensation" but rather about 60% thereof, the tiny "schedule of benefits."

So, picture this: You get injured at work. You're blinded because your employer didn't close a valve. You might ask how much is your eyesight worth. "Hold on one second. Let me check the schedule of benefit and I'll tell you just how much your eyesight is worth..." I don't know about you, but my eyesight is worth a lot more than a few hundred thousand dollars. Does anybody else find this scheme incredibly cold and just plain wrong? "Schedule of benefits" - One size fits all. Oh dear Lord.

Anyway, our fine Republican Alaskan Legislature recently changed the playing field, tilting it even further against working Alaskans. Now, it is not just the employer who can jam you (the injured worker) into the WC quagmire, it is ALL of the people responsible for your safety.

You see, protecting big industry campaign contributors - our Republican Legislature expanded the "exclusivity" provision of Alaska's worker's compensation laws to cover all who "may be liable" for your injuries. This means that you are "exclusively" jammed into WC for all injuries in the workplace.

Think this through. I'm impressed by how sneaky the Republicans were on this one. Now, injured Alaskans can no longer bring a claim against the "owner" of the oil field: Arco, BP, Conoco, etc. like they could before. If the owner made the oilfield unsafe, you can no longer sue the owner for your injuries.

Remember, before the Republicans' most recent assault on your rights, if the "owner" made the oil field unsafe, you could sue the owner. Now, the Republicans have ensured that you're (again) stuck with nothing but a WC claim - and a bad one at that.

By protecting the big business "owners," our Republican Legislature has gone a long, long way toward give corporate hand-outs and making the workplace more dangerous for working Alaskans. What incentive does the "owner" have to make your workplace safe, if all you can do is file a WC claim?

Ironically, the evil in this scheme is most evident by viewing simple human nature - something that Republicans profess to understand. For example, when you take police off the street, we all know what happens: traffic is MORE dangerous, not less. Absent cops, people drive faster, not slower. Hence, when the Republicans strip your right to sue the workplace owners for creating a dangerous workplace, do you really think their incentive is to make it more safe? Get real. Anyone with the brains God gave a chicken knows that the minute owners are no longer threatened by plaintiff attorneys suing them for unsafe work environments, the owners will ignore safety rules and subject working Alaskans to even more dangerous conditions. That's human nature. That's also how big business saves money ,,, at your expense.

But hey - it's your choice. After thinking this through, go ahead and continue believing that the Republicans are looking out for you. Continue applauding their "trickle-down" mentality. Continue voting Republican. All I ask is that you keep an eye out for your own safety as you do it. After this most recent move by the Republicans, be assured that nobody else is looking out for you.

Originally posted at InjuryBoard by Ward Merdes

Alaska Commercial Fishing Is Deadliest Catch

Ward Merdes — Thu, 23 Mar 2006 12:44:33 GMT

Families of commercial fisherman in Alaska await news of missing family members believed to be taken by rough Alaskan seas.

Alaska State Troopers are resuming the search for Juneau fisherman Rick Nebert and crewman Matthew Young of Sitka. Both have been missing since their boat disappeared one week ago.

"Commercial fishing in Alaska accounts for an occupational fatality rate that is 28 times the rate for all U.S. workers."

Fishing boats are hazardous working environments. Further efforts are required to prevent injuries and fatalities. Fishing industry accidents have become so commonplace that the National Institute for Occupational Safety and Health (NIOSH) established a program for occupational injury surveillance in Alaska. It will address risk factors leading to occupational death and injury in this state.

According to Alaska Statute AS 09.55.050, there must be a Presumptive Death Certificate issued by a judge or magistrate, recorded with the Bureau of Vital Statistics. Per Alaska Statute
09.55.020, a petition must be presented to the district court to start the process of obtaining this certificate. Neither a person's life insurance nor their estate can be administered until this process is complete. Families suffering such a tragic loss should immediately contact an attorney.

Originally posted at InjuryBoard by Ward Merdes