Archive for the ‘Construction Liability’ Category

Crane Accident Highlights Construction Dangers

Tuesday, May 17th, 2011

crane accident 300x182 Crane Accident Highlights Construction DangersThey are as much a part of Chicago’s urban landscape as elevated train tracks, skyscrapers, and bridges:  construction cranes, large and small.  The city of big shoulders built those shoulders one piece at a time, and construction cranes played a large role.

But these highly useful pieces of equipment, like all construction equipment, can pose a serious hazard if not maintained and used properly.  Unlike most construction equipment, cranes pose an additional danger.  They can topple, injuring those working on them, and those unlucky enough to be in the path of their fall. Although such accidents are rare, the experienced Chicago construction accident attorneys of Passen Law Group know that when they do occur, the damage can be catastrophic.

Last week, the potential hazards of construction cranes were yet again revealed.  During work on a bridge on the South Side, a lift-crane toppled.  The bridge is located on South Genoa Avenue in the 9900 block (in the Washington Heights neighborhood).

Two workers were injured in the accident.  The first, who was in the crane when it fell, was shaken up, but appears to have escaped serious injury.  He was taken to a local hospital in good condition.  The second worker, a 59-year-old man, wan struck by the crane as it fell.  Luckily, he was only hit, not crushed.  He was taken to a local hospital, as well, in serious-to-critical condition.  Officials believe, however, that he will survive.  Fortunately, there were no injuries to innocent bystanders – this time.

Police have begun an investigation into the accident.  As of now, there is no report yet on the exact cause of the accident.  In general, however, there are three reasons why a construction crane could topple:

•    improper crane design
•    improper maintenance of crane
•    improper use of crane

Any of these three general causes can result in civil liability for negligence if a toppling crane injures innocent victims.  If a serious crane accident results from improper design, there may be a products liability action against the manufacturer or seller of the crane.  If the crane accident was the result of improper maintenance, the type of action, and the liable parties, will depend upon the circumstances.  But there may potentially be a personal injury action against the repair contractors, or the crane’s owners and operators.  Likewise, if the accident was caused by improper use (for example, attempting to use a lift crane to lift a load heavier than the machine’s weight limits), then there may be a negligence action against the crane’s owners and operators.

In any of these three scenarios, if the crane accident results in a fatality, the victim’s surviving family may have a wrongful death action against the negligent parties.

In this case, of course, the parties responsible have yet to be determined.  The results of the police investigation will be an important step towards getting to the bottom of this particular accident.  In the meantime, our thoughts and hopes are with the injured workers.

For a free consultation with an experienced construction injury lawyer at Passen Law Group, call us at (312) 527-4500.

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Workplace Injury Rates in Decline

Thursday, April 21st, 2011

labor statistics Workplace Injury Rates in DeclineOur workplace injury lawyers commonly represent people who have been seriously injured, or even killed, in the scope of their employment.  For many years, the incidence of employment-related injuries was left completely unchecked, and seemed to increase year after year.  More recently, however, rates of nonfatal workplace illness and injury have fortunately been in steady decline.

The latest data released by the U.S. Department of Labor’s Bureau of Labor Statistics from 2009  — the most recent year analyzed — shows the rates of nonfatal occupational illness or injury per 100 full-time employees dropped from 3.9 in 2008 to 3.6 in 2009.   This represents the sixth straight year of declining illness and injury rates.  There has now been a decline in every year since 2003, the first year in which the Bureau of Labor Statistics first began compiling and reporting this data. 

Our personal injury attorneys are encouraged that rates of workplace injuries have been in decline.  However, we know all too well that there is still room for serious improvement.  For instance, there are many contexts in which workplace injuries can have devastaing consequences, particularly when heavy machinery is involved, such as construction site accidents or factory injuries.

We stand, as always, ready to provide legal assistance to those who suffer severe, preventable injury or illness in the workplace, although we know that the best possible outcome for any worker is to avoid the injury in the first place.

For a Free Consultation with a top-rated Chicago workplace injury lawyer at Passen Law Group, call us at (312) 527-4500.

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Symptoms and Permanent Consequences of TBI

Wednesday, March 10th, 2010

Effects of TBI1 Symptoms and Permanent Consequences of TBIOur Chicago brain injury lawyers continue this week’s discussion of traumatic brain injury (TBI), in honor of Brain Injury Awareness Month, with a discussion of the symptoms and effects of TBI.

As discussed previously, traumatic brain injuries are caused by a blunt trauma to the head — often a result of motor vehicle accidents, falls, explosions or other method involving a substantial amount of force directly to the head.  Where a TBI is suspected to have been caused by the carelessness or recklessness of another, it is important to contact a top-rated Chicago brain injury lawyer to discuss your case and ensure your rights are protected.

The severity of a traumatic brain injury can range from “mild,” with a brief change in consciousness or mental status, to “severe,” with an extended period of unconsciousness and amnesia.  TBI can result in both short-term and long-term problems with a person’s independent functioning.

Different areas of the brain impact different physical and cognitive functions.   Therefore, the location of the traumatic brain injury to the brain will largely determine the nature and extent of physical and cognitive deficiencies as a result of the TBI.  See the chart above for the different Functions of the Brain impacted by TBI.

Symptoms can manifest in a variety of physical, cognitive and behavioral symptoms, including changes affecting thinking, language, learning, emotions, behavior and/or sensation.  Additionally, a TBI can result in far-reaching social and developmental consequences.  It is important to note that even a so-called “mild” TBI can result in long-term problems, with an estimated 15% of individuals diagnosed with mild TBI suffering severely debilitating symptoms long after injury.

Especially with children, whose brains are still developing, even mild TBI must be addressed immediately by the appropriate medical professionals — including neurologists, neuroradiologists and possibly neurosurgeons — to minimize permanent consequences of the brain damage.  Our Chicago child brain injury lawyers understand the complexities involved in TBI cases involving children, as well as the magnitude of our responsibility involved in protecting their rights through adulthood.

Physical symptoms of traumatic brain injury are both neurological and non-neurological.  Typical physical symptoms can include chronic headaches or neck pain, persistent exhaustion, mood changes, sleeplessness or changed sleep patterns, light-headedness, dizziness, loss of balance, impaired motor and autonomic function, nausea, increased sensitivity to light or sounds, blurred vision, sensory loss, and ringing in the ears.  Some long-term conditions include various movement disorders, seizures, persistent headaches, visual problems and sleep disorders.  TBIs have been directly linked to epilepsy and increased risk for Alzheimer’s disease, Parkinson’s disease, and other brain disorders that become more prevalent with age.

Typical cognitive symptoms can include memory loss or difficulty remembering, inability to concentrate, difficulty in making decisions, slowed thinking, speaking or reading, confusion, inability to focus, and impaired visual perception.  Additionally, TBI can impact problem-solving, abstract reasoning, insight, judgment, planning, and organization.  These symptoms can change in severity and presentation over time, and often go unrecognized.

Typical behavioral symptoms can include verbal and physical aggression, agitation, decreased responsive ability, shallow self-awareness, altered sexual functioning, increased impulsivity, reduced social inhibition, mood disorders, personality changes, lack of emotional control, depression and anxiety.

The social consequences associated with TBI and its accompanying symptoms can be extremely serious, and include increased risk of suicide, divorce, chronic unemployment, economic difficulty and substance abuse.  Problems often do not manifest until after the individual attempts to resume their normal life, with workplace and interpersonal demands uncovering dysfunction and behavioral issues.

As noted above, of particular concern is children who have suffered from a TBI, where the behavioral and cognitive effects of injury may not become apparent until later in a child’s development.   As a result, a child may experience problems with learning ability, difficulties in social development and peer relations, behavioral problems, and difficulty processing social cues.

For a Free Consultation with an experienced Chicago brain injury attorney at Passen Law Group, call us at (312) 527-4500.

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