Oregon Injury Lawyer Blog
A recent report from the Oregon Occupational Safety and Health Division revealed that an ironworker’s death at a Portland construction site last June was “preventable.” The worker’s death is a somber reminder that errors and negligence at worksites can have fatal consequences. If you have endured serious injuries (or you have lost a loved one) as a result of a workplace accident, the facts may dictate that you have the option to pursue a civil lawsuit against one or more entities. Talk to a knowledgeable Oregon industrial accident lawyer to learn more about your legal options.
The Oregon OSHA investigation, whose results the agency published in February, deemed a deadly accident that occurred last June during the renovation of a Northeast Portland high school to be “preventable,” according to an OregonLive report.
In that accident, a five-ton forklift carrying staircase railings ran over and crushed the ironworker. She died two days later. Oregon OSHA’s investigation found that the fatal accident resulted from “a series of flawed decisions.” Those errors exposed workers to “a struck-by hazard that could be expected to seriously injure or kill them,” according to the agency.
Industrial Accident Litigation
A worker injured (or killed) by their employer’s negligence may have limited avenues for pursuing that employer. Oregon law often prevents workers from suing their employers in injury lawsuits, allowing them instead to seek recovery only through the employer’s workers’ compensation insurance.
There are, however, several situations where you can bring an injury lawsuit in civil court based on your workplace accident. For example, if your injury resulted from someone other than your employer or its employees, you can sue that third party for negligence.
In the case of the ironworker’s death, the woman’s mother brought a lawsuit against the general contractor on the job. (The deceased woman worked for a subcontractor.) The wrongful death suit alleged that the general contractor violated the Oregon Safe Employment Act and was liable for failing to take action to prevent struck-by accidents, lacking enough personnel to provide proper supervision and monitoring of the work, and not following its own forklift and equipment safety policies.
Industrial Accidents Involving ‘Struck-By’ Scenarios
Struck-by accidents are part of a group of accident types that the U.S. Occupational Safety and Health Administration places special focus on. These accidents — labeled by OSHA as the “Fatal Four” — make up more than 1/2 of all workplace deaths. In addition to struck-by accidents, the four include falls, electrocutions, and caught-in/caught-between accidents. Struck-by accidents are the second most common, accounting for more than 10% of all deaths.
A struck-by accident could serve as the basis for an Oregon industrial accident lawsuit. If, for example, a worker was struck and seriously injured by heavy materials because a piece of machinery or equipment malfunctioned, the injured worker could seek recovery from the entities that manufactured, maintained, or repaired the equipment.
If you have been seriously hurt at work and you have questions about your avenues for legal recourse, the experienced Oregon industrial accident attorneys at Kaplan Law LLC can help. We have extensive first-hand experience handling industrial accident cases, allowing us to offer you straightforward advice and sound solutions tailored to your situation. To learn more, call (503) 226-3844 today or contact us online to schedule your free consultation.
