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Seriously injured workers in California and their families need to understand California work injury law. In order to illustrate these points here is a workplace scaffold accident case study. The discussion includes a California workers compensation analysis and a California third party work injury liability analysis.

A Case Study - Scaffold Collapse Accident

Dizzy Scaffold, Inc. erected scaffolding so that work could be performed on an industrial tank. The scaffolding that was erected was a two-point suspension scaffold 15 - 25 feet above the ground. Employees of Coast and Turf Painting Co. were working on the scaffold when the scaffold attachment point failed, releasing the scaffold cables. The scaffold was not equipped with an independent attachment system and fell to the ground. Causing two painters to be severely injured.

One of the painters was not tied off independently, as a result he fell to the ground below suffering severe injuries, including brain damage, hip replacement, and multiple broken bones. The painter that was tied off suffered a severe elbow injury when his arm was caught in a cable.

Investigation:

An investigation of the scaffolding revealed:

1. Dizzy Scaffold, Inc. did not use scaffold tie backs as secondary anchorage on two-point suspension scaffolds. This is in violation of 29 CFR 1926.451(i)(4) and the equivalent CAL-OSHA section. 2. There were no employee lifelines to substantial members of the structure. Instead the lifelines were to the scaffold. This is in violation of 29 CFR 1926.451(i)(8) and the equivalent CAL-OSHA section. 3. They failed to use scaffold attachment components capable of sustaining four times the maximum load. This is in violation of 29 CFR 1926.451(i) (2) and the CAL-OSHA equivalent section.

California Workers Compensation Analysis:

The Coast and Turf Painting Co. employees were entitled to benefits under the California workers compensation system. The benefits were low - California has some of the lowest workers compensation benefits in America. And the workers were in a constant battle with the California workers compensation carrier over medical treatment. The workers compensation carrier continually used the Utilization Review Procedure to cut-off the workers medical treatment. Both workers and their families were further traumatized by California’s unfair workers’ compensation system.

After a couple of years enduring the unfair California workers’ compensation system these workers and their families were barely making ends meet.

California Work Injury Lawsuit (Third Party Work Injury) Analysis:

The employees of Coast and Turf Painting Co. had a strong liability case against Dizzy Scaffold, Inc. The scaffolding structure was erected negligently and carelessly. The accident was caused by Dizzy Scaffold, Inc.’s failure to use scaffold tie backs as a secondary anchorage. They cut-corners by not rigging employee lifelines to substantial members of the structure.

Both workers were able to settle their third party work injury cases against Dizzy Scaffold, Inc. and they were able to keep their life-time medical the California Workers Compensation Insurance carrier. The painter with the brain injury recovered seven figures and the painter with the elbow injury received a high six figure recovery. The only way these workers and their families survived economically was because they were able to successfully prosecute third party work injury lawsuits.

Disclaimer

The foregoing is a case study. It is not legal advice. Any resemblance to actual events, persons or companies is purely coincidental. I am simplistic in order to achieve clarity. Each case is different and has separate challenges, difficulties and/or nuances. There is no guarantee that your case will have a similar result as discussed in this case study.

San Diego Scaffold Injury Lawyer/ San Diego Scaffold Injury Attorney Bill Turley has been practicing California Work Injury Law since 1986. He is Past President of Consumer Attorneys of San Diego and is on the Board of Governors of the Consumer Attorneys of California. Bill is the leading San Diego Construction Accident Lawyer. For more free information on Work Injury Law in California click here = = > http://www.turleylawfirm.com/

Article Source: ArticleSpan


 

At around this time of year, University life begins for many and continues for others. People move into halls or houses with friends and prepare for the year ahead, which is likely to involve the occasional lecture and seminar but also plenty of socialising.

For those people who have recently graduated and will not be going back to the student life for the first time in at least three years, things can be more difficult than first thought. It can be hard to here friends talking about going back to finish their courses or to do a Masters when all you are left with is fond memories and photos of your time as a student. It can be even harder if you live in a student town, or live where you went to Uni, to escape the fresh, excited faces of the ‘Freshers’.

There are many people who always comment that students are lazy and do not do very much that is productive. Whilst it is true that many students do have a lot of time off, they do have work to do and are studying to go into jobs that will hopefully benefit society in a great way, for example, teachers, doctors, scientists or dentists. Unfortunately, when you graduate you may find that a lot of people treat you as if you are a bit stupid saying things like "welcome to the real world", "how are you going to cope in the real world" and "will you ever be able to wake up in time for work?"

It is true that University life is a lot different from working 9-5 for many as there are courses which have not many contact hours, you are surrounded by friends, have a loan and a reputation for partying no matter what day of the week. Nevertheless, for some students contact hours are very high and every student has a substantial workload and deadlines. A significant amount of people do not get very much financial help and thus a loan and such money borrowing opportunities do no go very far. This means that they have to get a job and balance work with study. When leaving University many graduates have become far more independent and mature than when they first arrived as a student. They are more than capable at surviving life outside University, however, leaving University is a big step and it naturally takes times to adjust. Therefore, try to ignore negative comments and don’t fret.

It is easy for people to forget that when you graduate, you are not just simply finishing your studies (unless of course you decide to take further courses). Leaving University also means saying good bye to close friends you have made over the years, as you all return to where you came from or leave to begin new jobs. This is a tough venture in itself, as you feel unsure and worried about when you will see your friends again. Furthermore, due to initial financial strains many people end up living back with their parents while searching for jobs, which can be very difficult when you have grown used to so much freedom. Even if you plan to work and then travel, living with parents can be difficult. Life after graduation can be a pretty stressful time.

If you have recently graduated and are struggling with so much change, there are a few things you can do which might make things a bit more bearable.

Finding a job itself can be tough and with all the competition having a degree does not naturally ensure you will be top of the pile. However, my advice is to keep applying to jobs you think you would be good at, don’t get disheartened by rejection and don’t give up. I would also suggest working anywhere you can whilst you hunt for a career job, as this will enable you to earn some money, it will keep you busy and minimise the time you have to miss university life.

When deciding where to live, it may be possible for you to arrange living with some of your post graduate friends. If this can be arranged then you will still be around people you have grown to know well. However, this situation is very idealistic seeing as everyone will most likely end up working in different locations and some people may not get a job quick enough to fund themselves, or get a job that pays enough. It is important to be realistic.

If you decide to continue living where you went to University, as some of your friends are staying, or if you just like the area then this can be a good idea. However, it is important to look towards your future and not get upset if your friends are still at University, living the student life when you have to get up early for work. To make the transfer from University to work as easy to cope with as possible I would recommend living with other professionals and not with students, who are up at all strange hours of the day. Moreover, remember that you once were sleeping at strange times and you were indeed a ‘Fresher’ too, therefore try not to resent them too much. Try not to rule out making friends at work, as these people are likely to have a fair amount in common with you.

If money is tight and you have to go and live with family members, the best way to cope is to keep yourself busy, get a job or even take up a new hobby . For instance play a new sport or book yourself onto a language course. This way, if none of your friends from school, sixth form or University are around, you should find new people to socialise with. Furthermore, you won’t have lots of free time to irritate and be irritated by family.

Leaving University is undoubtedly a hard and confusing time, however the more willing you are to embrace the next stage of you life and the more proactive you are, the better you should be able to cope.

Patrick is an expert Research and Travel consultant. His current interest is in airport parking, airport hotels and Heathrow hotels.

Article Source: ArticleSpan