Archive for the ‘Construction Liability’ Category

Construction Site Fall Injuries

Tuesday, May 21st, 2013

construction fall injury Construction Site Fall InjuriesIt goes without saying that construction is a dangerous industry in which to work.  However, the statistics are alarming

In 2001 alone, there were 481,400 non-fatal injuries and 1,225 fatal injuries in the construction industry in the United States.  Although construction only comprises about 6% of American industry, the industry experiences approximately 20% of work-related fatalities.

Although the hazards and risks of construction are generally understood, preventable accidents on construction sites continue to occur.

Fall Injuries on Construction Sites

Causes of injury in the construction industry often include falls from heights, excavation accidents, machine accidents, and being hit by falling objects. There are also motor vehicle collisions and electrocutions. Other health hazards reside in toxic materials encountered in construction, and the full extent of the health hazard may not be realized until years later. These materials include asbestos and solvents.

However, falling from heights is the leading cause of injury. OSHA recommends fall protection in many areas and surrounding many activities, including ramps, runways, excavations, hoist areas, work on unprotected sides and edges, wall openings, residential construction and many other instances.

Fall protection in the form of guardrail systems, safety nets, personal fall arrest systems and positioning devices or warning lines should be provided wherever a fall might result in an injury.

The height limit where fall protection is required is not defined. It is any height that may result in injury from a fall. Protection is also required when the employee is at risk of falling onto dangerous equipment.

Guardrail systems, safety net systems, personal fall arrest systems, positioning device systems, and warning line systems can provide fall protection. It is the responsibility of the employer to ensure that workers understand the risks and the role of safety equipment in prevention of injury. All workers should observe proper workplace rules and should understand the use of fall prevention equipment.

OSHA has a fall prevention campaign, recognizing that falls are the leading case of construction site injury. Plan, Provide, and Train are the bywords of the campaign, and the focus is on falls from ladders and scaffolding.

Planning includes recognizing the necessity to provide safety equipment necessary to protect workers, and including that safety equipment in the estimate of the job cost. When construction begins, all necessary safety equipment should be available at the site.

Workers at heights of six feet or more are at risk of injury or death. Different ladders, scaffolds and other safety gear, including personal fall arrest systems, should be utilized for work at heights, including roof work.

Training should be thorough, and each worker should understand both the function and the way to correctly utilize each piece of equipment required for safety. OSHA provides multiple handbooks and learning guides in an effort to improve construction industry safety rates.

Areas where falls may occur unexpectedly should be well marked with warning signs. Employers should take all possible precautions to prevent the many unnecessary accidents and deaths.  If you should have a fall from a height on a construction job, you may have long-term disability and continuing medical bills, in addition to lost wages. You should see a competent legal professional, such as a construction injury attorney, to evaluate your case for the possibility of negligence on the part of your employer.  Call Passen Law Group at 312-527-4500 for a Free Case Evaluation.  

Study Finds Brain Imaging Can Predict Pain Intensity

Thursday, April 11th, 2013

fMRI Detect Pain 300x194 Study Finds Brain Imaging Can Predict Pain IntensityPain and suffering is often difficult to measure, even by the most experienced pain specialists.  Patients are typically asked to rate their own pain on a scale of 1-10.  Although there are objective ways to confirm physical and psychological injuries consistent with pain, the nature and extent of pain is typically measured by the patient’s own subjective self-reporting.

A new study published in the New England Journal of Medicine finds that brain imaging can be used to objectively assess pain — both physical and emotional pain.

The study involved a total of 114 patients who underwent functional magnetic resonance imaging (fMRI) — a unique and new form of neuroimaging — while being stimulated with heat-induced pain, as well as “social pain.”

What is Functional Magnetic Resonance Imaging (fMRI)?

fMRI is a relatively new form of neuroimaging used to measure brain activity by detecting changes in blood flow that occur in response to certain stimuli. fMRI can identify the parts of the brain that are involved in certain mental processes.

fMRI use is controversial, because it is a relatively new neruoimaging technique.  However, fMRI can be extremely beneficial to identifying a brain injury in patients who are symptomatic of neurologic dysfunction, yet have “normal” brain scans using typical imaging techniques.

As the above-mentioned study demonstrates, fMRI can also be extremely helpful in identifying pain.

fMRI to Identify Physical and Emotional Pain

The study found that in those patients who were subjected to heat-induced pain while being imaged with fMRI, a “nerologic signature” emerged:  increased brain activity in the thalamus, posterior and anterior insulae, secondary somatosensory cortex, anterior cingulate cortex, periaqueductal gray matter, and other regions of the brain.

Even more interesting, the study found that fMRI was helpful in identifying emotional-related pain — related to depression, post-traumatic stress disorder (PTSD), or other events that cause emotional pain.  When subjecting such patients to “social pain,” the fMRI showed that many of the same brain regions were activated as with physical pain.

In general, the study found fMRI to be over 90% sensitive (or accurate) in identifying physical and emotional pain.

This is a huge breakthrough for pain research and treatment for those with chronic and acute pain — both physical and emotional.  Based on this research, new treatment may be developed to focus on these specific areas of the brain that are triggered, rather than on the conventional approach to attempting to block pain impulses from getting into the spinal cord and the brain.

At Passen Law Group, most of our clients have experienced significant pain — both physical and emotional — as a result of serious motor vehicle accidents, medical malpractice, and other contexts which produce pain.  We welcome these new developments addressed at identifying pain, and hopefully leading to beneficial treatment for pain.

For a Free Consultation with one of our attorneys, Call us at 312-527-4500.

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.

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.

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.