December 6th, 2011 Grant Luna
An electrical injury occurs when a current passes through the body, burning tissue and interfering with the function of internal organs. Such injuries result from contact with faulty electrical appliances, machinery, inadvertent contact with household wiring or electrical power lines. Nearly 350 construction workers die each year from construction site electrical accidents.
General Contractors and employers rush to point the finger at employees for electrical injuries which is usually not true and not fair. The general contractor and electrical company frequently allows electrical lines to fall or drape too low causing inadvertent contact. A contractor does not lock out tag out an electrical line leaving the next trade to suffer devastating injury. The electrical contractor energizes an object that by all appearances should not be ‘hot’ and an unsuspecting following tradesman suffers electrocution. The general contractor forces the electrical trade to work hot rather than shut down for repairs for production. The following are typical:
- Electrician electrocuted when General Superintendent prohibits lock out tag out because it slowed production of other trades. The deceased was blamed but not at fault.
- 52 year old oil rigger was electrocuted when the oil rig was accidentally energized and he made inadvertent contact not knowing it was energized. The deceased was blamed but not at fault.
- Two field workers were electrocuted when an irrigation pipe they were hauling came into contact with an electrical line that was too low. The deceased were blamed but not at fault.
- Tree trimmer was electrocuted when the operator inadvertently raised him into an electrical line. The deceased was blamed but not at fault.
In each of the cases the shocked/electrocuted victim, worker, or passerby was not at fault.
Rarely is an electrical injury the sole fault of the injured person. Have you or a loved one been involved in an electrical injury in any way? You need an attorney familiar with electrical injuries to provide experts to investigate the injury as soon as possible. Subsequent repairs and changes cover up the trail of the real party at fault. Attorneys Grant Luna and Dean Rice have handled many electrical cases and obtained millions of dollars for victims. Contact us to discuss your situation.
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November 29th, 2011 Grant Luna
These are recent true stories taken from the California-OSHA Reporter:
A worker fell more than 500 feet to his death from a communications tower while installing a safety ladder.
A 47 year old worker was impaled on a branch and died after falling when his ladder slipped.
A young worker died after he fell through a skylight opening in the roof while working on a commercial job.
An older worker was killed while working on a roof that collapsed under him.
In California the grieving widows from these tragedies would receive a paltry $224 per week from Worker’s Compensation. That will not even pay the rent. The average civil award in similar circumstances would exceed $500,000 and might exceed a million dollars. As a dependent of a worker killed in the line of duty you , may be entitled to both.
One third of all construction related deaths are due to falls on the job site. Falls often involve a number of factors, including unstable working surfaces, lack of fall protection equipment and hidden fall hazards. Only the contractors have the control over the site to provide a safe work environment. The workers should be able to rely on the contractor providing a safe work place. If a loved one has been killed or you have been hurt, you may be entitled to monetary compensation that is not covered by Workers’ Compensation benefits. Contact California Construction Accident Attorneys, Grant Luna and Dean Rice, today to explain your legal rights.
Posted in Personal Injury News | 13 Comments »
November 3rd, 2011 Grant Luna
Worker Fraud:
Recent studies show unequivocally that 98 to 99 percent of workers’ compensation claims are for legitimately injured workers who want medical attention and returned to work. Only 1-2 percent of workers’ compensation claims are fraudulent. The total percentage of the fraud dollar that is paid to the worker is 1%. The fraud image perpetrated by the Insurance Industry and promoted by the Media is a huge, fraudulent distortion to promote their own agenda. Insurance Companies have forced benefit cuts and premium increases on the injured worker and employers alleging worker fraud, increased costs and a bad economy. Bull! A worker collecting benefits and working makes an easy target and story for the media and cover for the insurance company. Compared to Insurance Company Fraud and Provider Fraud Worker’s Fraud is a ‘drop in the bucket’ relative to the fraud committed by insurance companies in denying claims and obtaining premium. Workers’ Compensation benefits are so low by design that injured workers must return to work.
Insurance Company Fraud:
Fraud committed by insurers at the expense of injured workers represents billions of dollars. The fraud dollars in the form of denied benefits, company and insurer hacks who send injured workers back to work without care dwarf the worker’s benefits. Insurer fraud pays dividends to the carriers. That billion dollar fraud makes the back pages of the financial pages rather than the front page in a “Gotcha” Secret Camera. However, it works for the insurance company who hide their ill gotten gain of increasing premiums and reducing payment behind claims of increasing costs and worker’s fraud that are passed on to the consumer. Nine insurance companies are fined $5,000,000 for mishandling of workers’ compensation claims. The regulators refused to document the billions of dollars saved by the insurance companies cheating the injured workers. The major insurance company agreed to the fine for obvious reasons: cheating is profitable and cheaper than paying legitimate claims for the insurer even when caught. Workers’ Compensation Companies under the AIG Umbrella announced they were pleased to settle and pay the fines. The history of Unum Provident Corp and Met Life in denying legitimate workers’ claim resulted in an $84.5 Million dollar award against them in Arizona. That same company was fined $1 Million for mishandling claims practices. A surgeon was awarded $31 Million against Unum after refusing to pay long term disability benefits. In terms of dollars, the real fraud in Workers’ Compensation is committed by insurers and ends as a reward.
So, the next time you see an easy, cheap, trick by the media highlighting a worker cheating ask yourself:
“QUI BONO?” Who benefits from that charade? The worker or the insurance carrier?
Tags: insurance company fraud, worker fraud
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September 22nd, 2011 Grant Luna
Real Fraud In Workers’ Compensation
There are four types of fraud in Worker’s Compensation. In the order of their actual cost they are:
Employer Fraud:
An employer misrepresents the payroll or the proper classification for the employees thereby obtaining a smaller premium. The classic case is the roofing employer, high risk-high premiums who lists his employees as stackers in storage. The roofing employee is seriously injured, and audit establishes the fraud, the insurance company balks, there is no insurance, state fund or welfare picks it up. This fraud is rampant and represents the largest amount of lost dollars. There is very little prosecution by insurance companies who want to keep collecting premiums and just do an audit and up the fees rather than prosecute. Employers also commit fraud when they do not obtain WC Insurance at all. The worker just goes without. Or the employer insists the employee lie to the employee’s health insurance and say it didn’t happen on the job to avoid premium increase. It is estimated in this recession most employers do not have workers’ comp insurance. Employer fraud is rampant but not sexy or glitzy so the press does not present it to the public. A recent trend is small employer’s with workers’ comp insurance list themselves as injured employees and receive benefits fraudulently for nonexistant employees.
Provider fraud:
A health care provider provides billing for non existent services or patients. The provider double bills for services. A chiropractor bills for millions of dollars over several years for services that were never rendered. An independent medical examiner for employers billed millions even though he was not licensed to practice medicine. His statement to the investigative board,”There is no such thing as a totally disabled person”, “Most people on WC just want a free vacation” and “most people on WC are fraudulent.” His response to an injured worker he examined to deny benefits who committed suicide after denial was to laugh and say “Well his problems are over.” Hospitals and facilitators are under investigation for fraud. Once again this is hard to prove and does not present well for TV or the Internet so it goes unnoticed and unreported by the media thereby creating another layer of Journalistic Fraud by blaming the employees
Employer Fraud and Provider Fraud represent over 50% of Workers’ Comp moneys lost to fraud. Next blog, the most and least fraud in Workers’ Compensation: Insurance Companies, Workers, and the Media
Tags: real fraud, workers' compensation
Posted in Worker's Compensation | No Comments »
May 24th, 2011 Grant Luna
In addition to a successful civil lawsuit, criminal prosecution of an employer who repeats Osha Safety Violations is a viable way to deter dangerous practices and encourage safety.
In 2008 a California Roofing Company had repeated Osha Violations for dangerous practices and lack of safety equipment. A worker fell 40 feet to his death onto a concrete side walk. There were no railings, scaffolds, barriers or safety belts available for the worker. The young worker’s large family is left with less than a year’s wages for his death to replace him.
The owner, supervisor and foreman were indicted but claimed a flat roof did not require fall safety protection. However, they plead guilty to felonies in criminal court. These are knowingly, wilful, violations. Osha is to be commended for turning these and other cases over to public prosecutors. Osha provides the investigative work up and testimony.
Aggressive criminal prosecutions for wilful and knowing violations of Osha fall protection will hasten safety practices by employers and contractors in the construction industry. News of this prosecution should be wide spread. Construction workers will work safe if provided the safety equipment causing injuries and deaths to go down.
Posted in Construction Accidents, Construction Workers' Rights, Fall Accidents, OSHA Safety, Personal Injury News, Work Related Injuries, Worker's Compensation | Comments Off
April 18th, 2011 Grant Luna
Falls are the number one cause of serious injury and death in building construction. An average of 40 workers are killed annually as a result of falls from residential roofs. These deaths are preventable by reasonble fall protection methods.
However, for years subcontractors and general contractors have avoided real fall protection claiming exemption for residential buildings. No wonder that is a leading cause of construction deaths. Workers are maimed and die without reasonable fall protection. Real fall protection saves lives.
An appeals court recently upheld an appeal by roofing subcontractors and general contractors seeking continued exclusion for reasonable fall protection by residential contractors. The court ruled that residential contractors must comply with OSHA Fall Protection Rules and would not be exempted out.
This is a good positive change and you can expect a drop in serious injuries and fatalities in residential construction from trades working on roofs. Construction and roofing companies have until June 16, 2011 to comply with the new directive.
Posted in Construction Accidents, Construction Workers' Rights, Fall Accidents, OSHA Safety, Personal Injury News, Scaffolding Accidents, Scissor Lift Accidents, Work Related Injuries, Worker's Compensation | Comments Off
April 18th, 2011 Grant Luna
Montana has the dubious distinction of having the most expensive workers’ compensation system in the country. The State Legislature and Governor are currently revamping the system to make it more affordable and employer friendly. A group of state representatives proposed to disallow benefits to illegal aliens.
At first blush this may seem to be a reasonable patriotic way to reduce costs. However, it would likely have unintended consequences. Employers could hire illegal aliens knowing that any work related injury would not be a mark on their insurance increasing rates. That exclusion would encourage the hiring of illegal aliens by employers. Furthermore, a worker who is providing labor for an employer should have access to the worker’s compensation system. It could be more expensive if the undocumented worker is allowed to pursue the claim in civil court.
Cooler heads prevailed and the provision to exclude illegal aliens was tabled. However, there was an amusing case recently which indicated the system provides absurd coverage to citizens.
A “wannabe” animal trainer at a natural zoo in Montana got wasted on marijuana to perform what the lower court described as “mindboggling stupid” act with a wild grizzly bear and got mauled. The landowner denied that the “Marijuana Grizzly Adams” was an employee but rather a hanger on looking for handouts. However “RED”, the grizzly who mauled “Marijuano Grizzly Adams” did not like the competitor and put “Red” in the hospital when the marijuana smoking claimant tried to feed the bear. The court record is unbelievable.
“Red”, the largest bear in the enclosure, knocked “Marijuana” to the ground, sat on him and bit his leg and buttocks. “Marijuana” was able to escape when a second bear, named “Brodie”, bit Red. “Marijuana” was found passed out under an electric fence and treated for puncture and bite wounds.
The Montana Workers’ Comp Appeals Board ruled that “Marijuana” was an employee and covered by the system. So, it would be appropriate to cover “Marijuana” but exclude the hard working Mexican injured on a ranch doing farm work?
Posted in Illegal Aliens, Personal Injury News, Worker's Compensation | Comments Off
February 19th, 2011 Grant Luna
Illinois, Oklahoma, Washington, California, Montana, et al are lining up for Workers’ Comp Reform in this economy. Blame the injured worker because the costs are increasing and cut their recovery. The theory is to reduce costs by reducing benefits.
This short sighted remedy ignores the real problem: reducing claims. Every worker who was ever injured will say they would rather that the injury not occurred than go out injured. The way to reduce claims is to increase employee safety training, criminalize penalties so that employers with repeat serious violations go to jail, and ramp up enforcement, investigaton, and fines for safety violations.
Workers are injured because of unsafe work conditions either created or ignored by their employers. Employer violations of safety rules increase during economic downturns because safety is the first thing to go. The way to decrease benefits is to decrease claims. Decrease claims by enforcement of safety rules.
The current rush to reform by decreasing benefits is akin to penalizing the victim of a crime. California’s ‘reform’ was a prime example. The reform did not decrease claims, it only increased the profits of the insurance companies. The injured worker becomes the scapegoat.
Posted in Construction Accidents, Fall Accidents, Personal Injury News, Work Related Injuries | Comments Off
January 31st, 2011 Grant Luna
A surveyor was called by the General Contractor to set grade stakes on and around a condominium developement. Ventillation shafts around the complex were an ongoing source of subcontractor complaints ignored by the General Contractor. The shafts were covered and used to walk on, eat lunch, and saw on. The were sporadically inspected by the General Contractor. The surveyor stepped on one to make a mark and fell 21′ breaking both legs and ankle and receiving a permanent disability. He was unable to work for over a year. The General Contractor paid $2,000,000 in a civil court award to settle the case.
Floor openings must meet the “Three S’s” CalOsha requirements:
“S”ecured: The covering was be secured to prevent displacement.
“S”tenciled: The covering must be stenciled to read “Covering…”
“S“upport: The covering must support 2 men or 400 pounds.
If you are familiar with this case or any similar case then please contact this office.
Posted in Fall Accidents, Personal Injury News, Work Related Injuries, Worker's Compensation | Comments Off
January 19th, 2011 Grant Luna
An employee of a subcontractor for General Dynamics in San Diego was cleaning an inner hull of the Topeka. The general contractor was required to provide interior lighting for the workers but did not. The worker was given a defective spray gun that kept falling apart. The only lighting to repair the spray gun was from his head lamp. As he worked without proper light to put the gun together the backed up pressure broke through and blinded the worker for life. If you have any information about this case or similar cases please contact us.
Posted in Personal Injury News, Work Related Injuries | Comments Off