Articles Posted in Workers Compensation

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U.S. Transportation Secretary Foxx (DOT)

U.S. Transportation Secretary Foxx (DOT)

The Department of Transportation has released a new work zone safety campaign, urging drivers to “expect the unexpected.”

The new campaign launches during National Work Zone Awareness week and reminds drivers that work zones may change frequently from one day to the next, posing risks for both motorists and work zone employees if drivers are distracted or not paying attention.

The Augusta Chronicle reports:

Since 1973, 57 Georgia DOT employees have died in work zones, but motorists and their passengers are actually more likely to be killed or injured in work zones, according to a news release.

Since National Work Zone Awareness Week – an annual campaign sponsored by federal, state and local transportation officials – began in 1999, national work zone fatalities have decreased by 34 percent.

According to the Federal Highway Administration, in 2013 there were 579 work zone traffic-related fatalities, 29,000 work zone injuries and 105 worker fatalities. All of the categories were decreases from the previous year.

Last year the Georgia DOT had no employee work zone fatalities, but there were 20 total work zone fatalities.

“While we are pleased that we have not lost a GDOT employee in a work zone related crash this past year, the loss of 20 lives is 20 too many,” Commissioner Russell McMurray said. “I implore the public to be mindful of our workers and to pay strict attention when driving, not just today, but every day, especially in work zones.”

When going through work zones, drivers are expected to remain alert, minimize distractions, not tailgate or speed, pay attention to signs and obey road crew flaggers.

The Murray Law Firm works tirelessly for victims and families devastated by work zone accidents and we offer our legal expertise, if needed. Anyone seeking further information or legal representation is encouraged to contact us at 888.842.1616. Consultations are free and confidential.

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BikePedestrianLaneLocal News

Gwinnett County Police are reportedly calling on pedestrians to stay alert and use crosswalks after a recent surge in pedestrian fatalities.

According to WTVM 9 News, Gwinnett authorities report there have already been 11 pedestrian deaths this year, a steady increase from 7 last year and 5 in 2012. The majority of these accidents reportedly occurred after dark, between 8:00pm and 11:00pm. Several of these accidents took place along Jimmy Carter Boulevard, Singleton Road and South Norcross Tucker Road, according to Gwinnett County authorities.

Media reports allege many of these deaths may have been prevented had pedestrians used crosswalks and obeyed traffic control signals.

Our Legal Take

Advocates for cyclist and pedestrian rights at The Murray Law Firm find the media’s sole focus on pedestrian safety, rather than driver caution, a disturbing trend.

While pedestrians should always try to wear bright or reflective clothing and mind traffic laws, these fatalities should serve as an equally grave reminder to Gwinnett County drivers on the need to share our roadways with pedestrians and to city officials on the need to reevaluate pedestrian safety measures in these high-risk areas.

Why were the drivers in these incidents unable to stop, slow or swerve for the pedestrians in time? Do cellphone records, traffic surveillance footage and blood test results indicate whether distraction, speed or impairment were involved in any of these fatalities?

Given the apparent pattern of pedestrian fatalities along Jimmy Carter Boulevard, Singleton Road and South Norcross Tucker Road, what additional pedestrian safety measures, such as improved sidewalks, light-up crosswalks, caution signage, lower speed limits, and pedestrian bridges, have Gwinnett County officials implemented to protect pedestrians in these high-risk areas?

Should the drivers in any of these accidents be found at fault for distraction, speed, impairment or other negligence, the families of these victims may elect to file civil claims in their wrongful deaths. Claims of this magnitude would send a critically needed reminder to all Gwinnett County drivers on the need to share our roads with pedestrians and end distracted driving. Further, such claims would demand city officials finally improve pedestrian safety measures in these high-risk areas. Perhaps, through these legal claims, many other lives may be spared.

The Murray Law Firm works tirelessly for families devastated by distracted and negligent drivers and we offer our legal expertise, if needed. Anyone seeking further information or legal representation is encouraged to contact us at 404.842.1600. Consultations are free and confidential.

SAC EM Update

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Following a recent surge in preventable cell tower fatalities and injuries, the U.S. Occupational Safety and Health Administration is warning cellphone tower owners and contractors to comply with safety standards.

As carriers scramble to upgrade networks with LTE technology, promising cellphone users better wireless speeds, we are once again experiencing a rise in cellphone tower accidents. The surge happened previously when carriers upgraded 3G technology and the pattern promises to continue as technology advances, if tower owners and contract companies don’t make employee safety a priority.

The Wall Street Journal Reports:

The warning in a letter to employers followed a rise last year in fatalities among tower climbers, a job once called the most dangerous in America. The agency said it is concerned about the possibility of future incidents, especially when employees of subcontractors are doing the hazardous work, and warned that companies could face penalties if they don’t do enough to prevent falls.

It also said it would look not only at the contractors that do the work, but also at the larger companies and carriers that order it up.

“It is imperative that the cell tower industry take steps immediately to address this pressing issue,” the agency said in the letter, which was dated Monday and sent Tuesday to about 100 communication-tower employers. “It is your responsibility to prevent workers from being injured or killed while working on communication towers.”

In the past, carriers have said that tower work “isn’t their core business and, while they care about safety, they shouldn’t be held responsible when subcontractors violate safety standards.” Contract companies often place the blame on employees, saying those who violate safety standards “are subject to termination.”

However, these preventable tragedies are not always the result of failure to properly use equipment, but also equipment failures, falling objects, structural collapses and a lack of adequate safety training. Thus, while employees must use provided safety equipment, other parties need to start taking responsibility for the lives and safety of these employees. Cell towers need to be designed with maintenance safety as a priority. Contractors need to properly train employees and enforce these safety standards.

OSHA is now starting to crack down on the entire industry, finally making carriers, tower owners and equipment manufacturers accountable:

In a strategic shift, the November letter encouraged compliance officers to pay special attention to the chain of contractors connected to the site, as well as the wireless carriers that ordered the work. Investigators “should make sure to collect information regarding contract oversight issues, and obtain copies of any relevant contract documents,” the letter said. “Try to identify, as far as possible, not only the name of the company performing the tower work, but the tower owner, carrier, and any other relevant parties in the contracting chain.”

The Murray Law Firm works tirelessly to protect victims and families of catastrophic work accidents, such as this, and is encouraged by OSHA’s recent efforts to make the cellphone industry safer for employees. By holding employers, carriers, tower owners and equipment manufacturers accountable, many lives may be spared. We offer our legal expertise to the employees and families, if needed. Anyone seeking further information or legal representation is encouraged to contact us toll free at 888.842.1616.