Austin Personal Injury Lawyer

Car Wrecks in the Presidential Election: McCain's Straight Talk Express Might Need Some Straight Driving Lessons

Brooks Schuelke — Thu, 07 Aug 2008 13:15:46 GMT

Car enthusiast website Jalopnik.com is reporting that John McCain's Straight Talk Express left its mark on the election season when it ran over a minivan yesterday. The post has several great photos of the bus and the dented minivan.

McCain wasn't actually driving or even on the bus (does that explain the lack of straight talk from MCain in the last few weeks?), and no one was hurt in the wreck.

I would expect, given the McCain campaign's new status of tortfeasor, that we'll hear a lot more rhetoric about litigation, tort "reform", and evil trial lawyers.

Originally posted at InjuryBoard by Brooks Schuelke

Wrong Site, Wrong Side, Wrong Procedure, Wrong Patient

Brooks Schuelke — Mon, 04 Aug 2008 15:27:43 GMT

Perhaps there is no act of medical malpractice that makes as little sense as those when the doctor performs a procedure on the wrong site or the wrong side of the body, performs the wrong procedure, or performs a procedure on the wrong patient. And yet, "wrong site" surgeries are one of the most prevalent problems in medicine today.

The Joint Commission on Accreditation of Healthcare Organizations is a non-profit that accredits and certifies health care organizations nationwide. The Joint Commission asks its members to report and keep track of sentinel events, unexpected events that lead to death or serious injury, and wrong site surgeries are the #1 type of sentinel event recorded.

How prevalent are wrong site, wrong side, wrong procedure or wrong patient events? It's hard to tell because of the poor rate of reporting. But the Archives of Surgery, the official medical journal of surgical associations across the country, released a report in 2006, that estimated there are between 1,300 and 2,700 wrong site/side, wrong procedure, or wrong patient events in the United States each year. Amazingly, that means that on average there are 3-7 operations each day where the physician operates on the wrong side, performs the wrong procedure, or operates on the wrong patient. Simply stunning.

And it's even more stunning if you look at some of the worst offenders. For example, last year, a Rhode Island hospital was fined $50,000.00 by the Rhode Island Department of Health after three wrong site surgeries in the same year. Amazingly, two of those procedures involved doctors doing brain surgery on the wrong side of the brain.

Many of us here in the Injuryboard network will use the month of August to provide information about these surgeries. Some of my posts will look at the proper protocol or standard of care for avoiding these events, what a patient can do to help avoid the problem, and a look at a case study of how a hospital handled a recent wrong site surgery.

We hope you'll check back later if you're interested.

Originally posted at InjuryBoard by Brooks Schuelke

Smithville Crane Accident Leads to Fatality

Brooks Schuelke — Thu, 31 Jul 2008 10:23:14 GMT

The regular readers of this blog know that July has been devoted to issues relating to worksite safety. Unfortunately, as the month comes to a close, workers in the Central Texas town of Smithville were the latest victims of a crane accident. Having family there, I know that the tragedy has struck the small town hard.

Smithville is undergoing a major construction project with the replacement of the Loop 230 Bridge. Yesterday afternoon, a crane that was removing old sections of the bridge apparently attempted to pick up a section of bridge that was too heavy for the crane, causing the crane to collapse and drop the part of the bridge. The debris hit a cherry picker bucket that held two men. One of the men, James Michael Miles, fell approximately sixty feet and was tragically killed. The other man in the bucket was air-lifted to Brackenridge Hospital here in Austin. Amazingly, the crane operator was reportedly able to swim to safety.

The accident is the latest in what seems to be an epidemic of crane accidents nationwide, including a Houston crane accident just over a week ago that left four workers dead. There was also another crane collapse in Austin earlier this summer, though no one was seriously injured.

I don't have any easy solution, but with the increasing construction in the area and the needless deaths nationwide, it is apparent that some new safety steps need to be taken.

For our other posts relating to crane accidents, you can read the following:

Austin Considering Regulations To Reduce Crane Accidents

Another Crane Accident

New York Crane Collapse A Deadly Worksite Injury

Injuryboard Crane Accident Help Center

We also have a series of posts, available using the tag features, that discuss many of the issues in worksite injury cases.

Originally posted at InjuryBoard by Brooks Schuelke

Insurance Company Rules

Brooks Schuelke — Wed, 30 Jul 2008 11:58:53 GMT

I don't know anything about Health Care For America, and I don't want to be seen as endorsing their agenda, but their video, "INSURANCE COMPANY RULES," will sound familiar to any personal injury victims or personal injury lawyers.

Originally posted at InjuryBoard by Brooks Schuelke

Austin Considering Regulations to Reduce Crane Accidents

Brooks Schuelke — Mon, 28 Jul 2008 10:33:42 GMT

In the wake of this month's Houston crane collapse, the Austin American Statesman is reporting that Austin city council member Mike Martinez is asking the Austin City Council to draft an ordinance that would help alleviate the fears of a similar crance accident in Austin. Currently, neither Texas nor Austin have any regulations relating to the safety of crance operations. At a time when there are dozens of cranes dotting the Austin skyline, the safety for those cranes is left in the hands of the federal government.

But OSHA may not have the resources to ensure crane safety. The primary enforcement method is the random site inspection. But last year OSHA was only able to look at 23,000 sites nationally. That's not a significant number when you considerr that there are over 4 million active construction sites utilizing a crane at any given time.

Oddly enough, one of the more important factors in safety may be personal injury lawyers. In this morning's Statesman article, Mike Green, the president of Crocker Crane Rentals in Austin, stated:

I do my inspections not because the federal government or some local entity tells me to, but so I can sleep at night. If I am sued for an accident, I lose everything I've worked for all my life. I live safety night and day. Who has more on the line: me or the city?

For more information on crane accidents you can check out the Injuryboard Crane Accident Help Center or the Center for Construction Research and Training Crane Report

Originally posted at InjuryBoard by Brooks Schuelke

Prevent On The Job Injuries With Fall Protection Systems

Brooks Schuelke — Tue, 22 Jul 2008 09:09:00 GMT

As previously mentioned, the leading cause of death in construction work is falls from elevations. Today, we're going to take a closer look at the safety systems implemented to help prevent worker falls. (Fellow InjuryBoard blogger, Justin Rogers, also has a series of fall prevention blogs.) When workers at construction sites are exposed to vertical drops of at least 6 feet, OSHA requires the use of at least one of the following: guardrail systems, safety net systems, personal fall arrest systems.

Guardrail systems is the first type of protection and may be the most commonly recognized by the general public as they walk past construction sites. If used, guardrails should be placed around the hazard area before work begins. When using a guardrail system, OSHA standards must be met. First, the top edge height of the top rails must be between 39 and 45 inches above the walking/working level. If there is no wall or other structure of at least 21 inches in height between the top edge and the walking/working surface, then the employer must install midrails, screens, mesh, intermediate vertical members, or other equivalent structures. (This will fill the railing gaps so the worker can't slide off past the guardrail.) OSHA allows each site to pick the type of guardrails it would like to use, so companies in the business of providing fall protection equipment offer varying types of guardrail systems, such as a roofing guardrail system or portable guard rails. However, each system must be capable of withstanding at least 200 pounds of force applied within 2 inches of the top edge. This force must be withstood in any direction and at any point along the edge. Similarly, if the system has to be supplemented with midrails, screens, mesh, or other structures, these structures must be able to withstand at least 150 pounds of force applied. OSHA does not allow guardrail systems to have rough or jagged surfaces because they could cause punctures, lacerations, or snag clothing. Finally, top rails and midrails cannot overhang the terminal posts.

The next line of protection is safety net systems. Safety nets are installed under the surface on which employees are working. OSHA wants the nets installed as close to the surface as possible. From the outermost point of work area, the nets must extend outward according to the vertical distance from the working level to the horizontal plane of net. Safety nets need to be drop-tested at the construction site by using a 400 pound bag of sand 28-32 inches in diameter. The nets must be able to absorb an impact force equal to the drop test described. Only after the net passes the test can an employer draft a certification record. The most recent certification record must be available at the construction site for inspection. However, safety nets must continue to be inspected for wear and tear or any damage. Additionally, each section of safety net must have a border rope (for webbing) with a minimum breaking strength of 5,000 pounds. The above tips are merely basic OSHA standards; for more precise instructions and regulations, please click here.

Finally, if the first two systems were not implemented, OSHA will allow the use of personal fall arrest systems. There are several components to this third alternative, including: an attachment location, body harness, vertical lifeline/lanyard, webbing, anchorages, horizontal lifeline, and connectors. To use personal fall arrest systems safely, you must limit the maximum arresting force to 1,800 pounds. The system must be rigged so that, upon fall, the employee will not contact any lower level nor free fall more than 6 feet. The employee must be brought to a complete stop upon 3 ½ feet distance. The system itself must be strong enough to withstand twice the potential impact of a worker free falling or the free fall permitted by the system, whichever is less. Systems should be inspected prior to each use. Once the system has been subjected to fall impact, do not use the same equipment. Although OSHA allows a variation of the fall protection systems to be used, an employee should never attach a fall arrest system to a guardrail systems or hoists.

Even though OSHA permits any of the systems to be used, local area zoning or permits may restrict the construction contractor's choice. Also, OSHA recommends using a guardrail system over the second options because the guardrail system prevents falls which may deter injury. Safety nets and personal fall arrest systems are fall protection systems that will mitigate injury after the worker has already fallen. Either way, utilizing any of these systems will certainly result in a better outcome than using none. And remember, if you're working near a six foot drop, OSHA mandates system protection use!

Originally posted at InjuryBoard by Brooks Schuelke

When It Comes To Construction , Watch Your Back (For Back Injuries, That Is)

Brooks Schuelke — Mon, 21 Jul 2008 11:58:00 GMT

Back injuries are one of the most common injuries on any construction site. Although work-related back injuries are typically nonfatal, the victim may continue to suffer long after the initial injury. Consequently, more days of work are missed resulting from work-related back injuries than other types of injury. Since back injuries are musculoskeletal disorders (MSDs), they are considered an "illness" under the report based on the Survey of Occupational Injuries and Illnesses. Although illnesses comprise about 2.5% of the total report, this number could be higher as illnesses are usually underreported.

According to the Center for Construction Research and Training, or CPWR, back injuries in the construction industry are caused by repeated lifting of materials, vibration of the body, simultaneous lifting and twisting of the body, sudden movements, or bending over for a prolonged period of time. Since construction occupations typically engage in this 'wear and tear' activity daily, the CPWR notes that construction workers are far more likely to leave the industry due to disability than other workers.

To prevent injury and disability, the CPWR suggests planning your load and lifting strategies, changing how work is done, and training all workers and personnel. They have further provided the following tips to help prevent back injury:

· Cut down on carrying by having materials close to where they will be used.

· Make sure floors and walkways are clear and dry.

· Use carts, dollies, forklifts, and hoists to move materials rather than your back.

· For better grip, use carrying tools with handles.

· If materials weigh more than about 50 pounds, DO NOT lift them by yourself. Get help from another worker or use a cart.

· Try not to twist, when lifting and lowering materials; turn your whole body instead.

· Keep the load as close to your body as you can when lifting or carrying materials.

· When you pick up materials off the ground:

o Try supporting yourself by leaning on something while lifting.

o Don't bend over; instead, kneel on one knee and pull the load up on to your knee before standing. (Wear knee pads when you kneel.)

You can find more tips by visiting the CPWR's hazard alert site. Follow the tips and keep yourself healthy. With all the new construction projects and road developments popping up around Austin and all of Texas, we're going to need as many able-bodied construction workers as possible.

Originally posted at InjuryBoard by Brooks Schuelke

The Shocking Truth About Construction Electrocutions

Brooks Schuelke — Thu, 17 Jul 2008 08:56:00 GMT

Last month there was another construction injury at the site of the new Dallas Cowboys stadium. Just days after a crane collapsed at the site, an electrician died from electrocution while performing tests on the new stadium's wiring. While fans may be quick to blame the Jessica Simpson-Tony Romo jinx, they'll be surprised to find that construction site electrocutions are not out of the ordinary. One shocking statistic is that deaths from contact with electricity are the fourth leading cause of fatal injuries relating to construction sites. As evidenced by NIOSH's case reports, electric shock can happen in a variety of different scenarios. In California, a construction worker was electrocuted after tripping and encountering an energized crane while carrying wire rope. Elsewhere in Iowa, another worker was electrocuted when a boom forklift contacted power lines. Although he was standing on the ground, the electric current passed through a series of steel cables and hydraulic lines to reach him. These victims were among the 121 averaged electrocution deaths per year between 2003-2005.

According to the Center for Construction Research and Training, some occupations are more susceptible to electric shock injury. Deaths resulting from electrocution are highest amongst electrical power installers and earth drillers. Looking specifically at construction occupations, the highest numbers of deaths are found with electricians, construction laborers, supervisors/managers, and electrical power installers and repairers.

The causes of construction electrocutions can also vary according to occupation. The major difference is between electrical workers and non-electrical workers. Electrical workers are most likely to be injured by contact with live equipment and wiring. This means the equipment was energized and the injury resulted from a failure to de-energize electrical circuits and equipment. However, nonelectrical workers are mostly injured by coming in contact with overhead power lines. The contact may be direct contact with the overhead power lines or it may be by indirect contact through other equipment or mediums.

Even though death is the severest consequence of electrocution, there are less fatal injuries that may occur. Electrical injuries can include shock, electrical burns, heat burns, arc blast effects, and falls (resulting from being shocked). Whether the injury is severe or mild, construction sites should always practice electrical safety to protect employees from this occupational hazard. Since overhead power lines pose the greatest threat to construction workers, we will briefly discuss relative safety tips. If overhead power lines are the source of danger, try to avoid or limit proximity to the power lines as much as possible, or otherwise maintain a safe working distance. Should the power lines be energized, first notify the local electric utility company for assistance. If the lines are energized, do not use a metal ladder. Also, do not store equipment or materials below or near overhead power lines. Finally, always LOOK UP! Plenty of accidents occur when no one is looking to make sure the overhead power lines do not get bumped.

For more safety tips regarding other electrocution hazards, please visit the National Institute for Occupational Safety and Health's website on "Electrical Safety."

Originally posted at InjuryBoard by Brooks Schuelke

Trenching Tragedies Continue

Brooks Schuelke — Wed, 16 Jul 2008 08:53:00 GMT

Back in 2000, a construction site in Richmond, Texas made evening news casts across Texas after a construction trench collapsed and buried three men. Sadly, only one worker survived. The ground and trench walls had to be secured before rescuers could recover the remaining bodies.

Unfortunately this tragedy has repeated every year, even as recently as a couple weeks ago in Arkansas. A trench collapsed twice, leaving one construction worker dead and another trapped. Even though trench collapses are not the leading cause of death in the construction, collapses are more likely result in death or serious injury within minutes. This danger is a serious subject that has caught the attention of others here at InjuryBoard. So let's start the discussion.

According to the Center for Construction Research & Training ("CPWR"), injury is most imminent from trench cave-ins. Other risks include falls, electrocution, being struck by falling objects, and bad air. A secondary hazard can develop when workers try to rescue other workers in trenches, such as the Arkansas case mentioned above. NIOSH notes that barriers to safety can exist by a lack of training, insufficient enforcement of standards, and costs of implementing safety measures.

Although construction trench safety is ultimately the job of the employer contractor, workers should make efforts to further prevent incidents. Before working in a trench, make sure all equipment is in good condition. If the trench is at least 4 feet deep, have a nearby way to get out (such as a ladder within 25 feet of you). The contractor should have all utilities marked before digging and shut off all electricity, gas, and water pipes in the trench.

Once a trench is made, OSHA requires protective systems to be implemented as control methods. Sloping is one such system. It protects workers by cutting back the trench wall at an angle inclined away from the excavation. The second type of system is shoring. This protects workers by installing aluminum hydraulic or other types of supports to prevent soil movement. Finally, shielding can be used. Shielding protects workers by using trench boxes or other types of supports to prevent soil cave-ins.

For more information on construction trench safety, please visit CPWR or conduct your own internet research. A quick search on Google might just save your life next time.

Originally posted at InjuryBoard by Brooks Schuelke

Leading Causes Of Injuries In Construction

Brooks Schuelke — Tue, 15 Jul 2008 11:52:10 GMT

Last week, a construction worker at Texas A&M University was injured while on the job. The worker was rushed to a local hospital after the concrete slab he was working on fell. As a Longhorn, my initial thought was to chalk it up as an Aggie jinx. However, construction injuries have been increasingly in the public spotlight lately, especially with this year's crane incidents.

According to the National Institute for Occupational Safety and Health ("NIOSH"), of the 5.2 million nonfatal injuries and illnesses reported in 2001, 93.6% of those were strictly nonfatal injuries. That means workers had to miss work days due to injuries rather than illnesses. (The opposite seems to be true for office-related occupations.) NIOSH has classified the following as nonfatal injuries:

· Amputations

· Back injuries, including spine and spinal cord

· Bruises and contusions

· Heat burns and scalds

· Cuts and lacerations

· Fractures

· Sprains, strains, and tears

The Center for Construction Research & Training ("CPWR") has evaluated the leading causes of nonfatal injury at construction sites. Most nonfatal injuries are the result of a worker coming into contact with objects. Usually the contact is when an object strikes a worker, resulting in days away from work. Falls from elevations are the second leading cause of nonfatal injuries comprising 23 percent. While "overexertion" is the third leading cause, "exposure" only accounts for 3.5% of nonfatal injuries that cause work-loss. Exposure injuries include exposure to electric current, temperature extremes, or air pressure changes. Although an illness can turn fatal, such as asbestosis or cancer, these types of illnesses take years to mature and do not result in reported absences of work. Thus, are not included in the exposure category.

The CPWR has also looked at fatal injuries. As previously mentioned, falls from elevations are the leading cause of deaths as they account for 1/3 of all work-related deaths in construction. Although transportation incidents account for less than 4% of nonfatal injuries, they are the second leading cause of death. This category involves injuries relating to vehicles, such as highway incidents, pedestrian accidents, or the relocation movement of equipment. Lastly, the third major cause of construction deaths is contact with objects. The CPWR defines contact as including being struck by an object, struck against an object, or caught or compressed between equipment.

No matter if the injury is fatal or nonfatal, the goal should always be prevention. For more information on construction site safety and how you can help protect yourself against injury, please visit OSHA, CPWR, or NIOSH.

Originally posted at InjuryBoard by Brooks Schuelke