Articles Posted in Accidents, Personal Injury and Wrongful Death

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Syracuse jobsite accidents causing workplace injuries are common. According to the Department of Labor, countless workplace injuries occur every year, leading to tens of thousands of injured workers. Those most likely to suffer a workplace injury include construction workers, those working around machinery, and those involved in manufacturing and transportation.

According to a new study by the United States Government Accountability Office, many company doctors under pressure from employers are concealing workplace injuries. In extreme cases, company doctors are providing inadequate medical care to injured workers. According to a GAO survery:

* 1/3 of company doctors interviewed reported being directed by employers to provide inadequate care to injured employees to improve the appearance of company injury report logs;

* 1/2 of company doctors interviewed reported receiving pressure from company officials to minimize worker illnesses and laborer injuries; and

* 2/3 of company doctors interviewed reported knowing about employees who did not report workplace injuries because they feared company discipline.

One example of collusion between company officials and company doctors to better company safety records is the treatment of cuts. Workplace lacerations that are closed with stitches must be reported to OSHA. However, cuts that are closed with a bandage are not reported. Another example is the certification of a workplace injury, even a very serious injury, as one that requires only “first aid.” Injuries treated by “first aid” need not be reported.

Tom O’Connor, executive director of the National Council for Occupational Safety and Health, commented on the GAO’s findings. He stated that they were “dramatic,” adding: “If healthcare professionals are being asked to not record injuries properly, then we have a pretty broken system.”
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The laundry room of Faxton St.-Luke’s Hospital, based in Utica, caught fire on Saturday. According to firefighters, the smoldering fire was caused by laundry lint and pipe insulation that had been ignited by sparks created by welding underway to repair a washing machine. The worker was not injured on the job and, fortunately, the fire was extinguished before any hospital patients were injured due to smoke inhalation or burned by flames.

Generally, hospital fires occur in the kitchen and other cooking areas — as many as 1,600 each year. According to the National Fire Protection Association, as many as 52% of hospital blazes arise out of cooking-related activities. Often, this is because there is a heat source, fuel source, and poor supervision.

Very few hospital fires cause fatalities. On average, only one death per year. By comparison, the Centers for Disease Control reports that as many an 99,000 people die each year from infections acquired during a hospital admission.
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After a long winter, the sun is finally warming Central New York. Residents in Syracuse, Oneida, Oswego, Cortland, Ithaca, Auburn and Watertown will soon be spending much of their time outdoors, whether golfing, boating, biking, running, skateboarding, or rollerblading.

According to the Brain Injury Association of America, Syracuse-area residents and their children should remember to obey the rules of the road and wear a properly fitting helmet. A $20 helmet that fits properly and is worn properly can reduce the risk of brain injury and brain damage by nearly 90%. Choosing the right helmet and wearing it the right way are critical.

To avoid a traumatic brain injury or concussion, remember:

1. Helmet straps should form a “V” under the ears.
2. Chin straps should be connected and snugged. No more than one finger width of space should separate the strap from the chin.
3. Helmets should be worn on the forehead no more than two finger-widths from the eyebrows.
4. Helmets should not move side-to-side (laterally).
5. Helmets should match the sport. That is, a helmet designed for rollerblading should be worn for that sport, not for softball.
6. Helmets should be inspected for damage.
7. Helmets with cracks or other visible damage should not be worn.
8. Children should wear helmets whenever practicable. In the State of New York, all bicycle riders under age 14 must wear a helmet.
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A product liability trial arising out of an alleged custom motorcycle defect begins today in the United States District Court for the Northern District of New York. The plaintiff’s claims against the defendant, a California-based company with a worldwide distribution network, include defective design, defective manufacturing, inadequate warnings, breach of warranty and negligence. The Honorable David E. Peebles, United States Magistrate Court Judge, will preside over the trial, which is expected to last two weeks.

The plaintiff in the lawsuit captioned Marcus J. (Marc) Mathews v. Big Bear American Made Choppers, Inc. (Case No.: 5:04-cv-1206), is a forty year old resident of Solvay, New York. He is represented by Anthony S. Bottar and Michael A. Bottar, of the Syracuse, New York law firm of Bottar Law, PLLC.

According to the complaint, on June 13, 2004, the plaintiff was riding his three month old Venom ProStreet motorcycle in Alton, New Hampshire when the front fender assembly failed causing the nearly 10 pound fender to come into contact with and lock the front tire of the motorcycle. The plaintiff then lost control of the motorcycle, crashed into another motorcycle, and was thrown into a ravine where he sustained severe arm and leg injuries. After more than two years of surgeries, the plaintiff’s right leg was amputated above the knee.

According to court records, the Alton Police Department, with assistance from New Hampshire State Troopers, conducted an investigation after the accident which revealed that two of the four ¼”-20 screws intended to hold the motorcycle’s front fender to the bike had fallen out prior to the accident. Eye witness accounts, a tire imprint on the underside of the front fender, and a distinct skid signature left on the roadway led the police to conclude that a defect in the motorcycle caused the accident.

After three years of discovery, the plaintiff’s attorneys claim that Big Bear American Made Choppers had actual or constructive notice, more than one year prior to the plaintiff’s accident, that the method it selected to attach the Venom’s front fender to its lower legs was inadequate.
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Highway and roadway work zones, which are the areas along many Central New York Roadways now marked by orange cones and hazard signs, are dangerous for all involved. Hundreds of car accidents occur every year in and around work zones. Many of those accidents are driver vs. driver, such as when one operator fails to slow for a work zone and rear-ends another driver. Others are driver only, such as when an operator loses control of his or her car because of construction underway at a work zone, e.g., a pavement drop off.

A handful of accidents are driver vs. construction worker, such as when a careless operator strikes a construction worker performing his or her job along the side of a roadway. Last year, there were 18 work zone related accidents – three construction workers lost their lives. A fatal work zone accident occurred in Chenango County in 2005, when a tour bus operator drove crashed the bus into a work zone and killed three construction workers.

According to the New York State Department of Transportation and the New York State Police, work zone accidents are avoidable if drivers pay attention. Under the Work Zone Safety Act of 2005, Troopers are strictly enforcing work zone speed limits to ensure that construction workers, who are responsible for maintaining our roadways, return to their families at the end of each day. The Act increased penalties and fines for work areas throughout New York State. As few as two violations can result in a New York State license suspension.

From the New York State Department of Transportation website, please remember to slow for work zones, obey posted speed limits, maintain safe distances between you and other drivers, maintain safe distances between you and construction workers, and be courteous.
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A big rig rolled over on Route 17 yesterday on State Route 17 just before the Apalachin exit. The tractor trailer driver crashed while he was attempting to avoid a deer in the roadway. While the driver was not injured, traffic was delayed in both directions which the scene of the accident was cleared.

According to the National Center for Statistics and Analysis, more than 25% of tractor trailer drivers involved in fatal crashed (in 2004) had one or more prior speeding convictions. Nealy 10% has a prior license suspension or revocation. Seven percent of truck drivers had a previous license suspension or revocation. While most trucking companies due diligence when hiring employees, unscrupulous trucking companies intentionally hire truck drivers with blemished records in order to save costs. Should an accident occur, the trucking company and the driver may be accountable.
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An M&T truck driver was critically injured yesterday when a tractor trailer tire burst and struck him in the face and head. According to the Watertown Daily Times, the driver was waiting at the M&T garage while a mechanic filled the tire to 120 pounds and, following OSHA guidelines, placed the tire in a cage for approximately two hours. After the tire was removed from the cage, but before it was placed on the tractor trailer, the driver re-checked the pressure. At that time, the tire exploded. The driver, who was knocked unconscious in the explosion, was transported by South Jefferson Ambulance to Upstate Hospital in Syracuse where he is receiving treatment for head and face injuries.

Police believe that the tire exploded because the bead around the rim of the tire had not sealed. The accident is under investigation by the Occupational Safety and Health Administration (OSHA).

According to the National Highway Transportation and Safety Administration, more than five hundred non-crash related car fatalities occur each year. The number nine cause of death on the list is tire explosions. Also on the list are carbon monoxide poisoning, vehicle fires, hyperthermia, hypothermia, vehicle window asphyxia, electrocution, and drowning.
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An unidentified youth was injured on Sunday while operating an ATV at the Utica Rome Speedway in Vernon. According to the Utica-Observer Dispatch, the youth was injured when the ATV’s tie rod broke, ejecting him from the four-wheeler. He was then struck by the ATV and was transported to St. Elizabeth’s Medical Center for treatment of his injuries.

ATVs are dangerous. From 1982 through 2007, ATVs have been associated with 333 deaths in the State of New York. New York has laws for the use of ATVs, including a requirement that ATV riders wear a helmet, no passengers unless the ATV is designed for a passenger, no one under 10 years old may ride or operate an ATV, and ATVs may not be operated on highways.
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Earlier today, the Syracuse police responded to a tractor trailer accident on Route 690, near Teall Avenue. According to News 10 Now, a car and tractor trailer crashed just before 2:00 p.m. There were no serious injuries. Shortly after the tractor trailer crash, a second accident between a mini-van and car occurred on nearby Bridge Street, at the Rouet 690 westbound on-ramp. Dewitt police responded to the latter accident.
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Last week, a lawsuit was filed in St. Lawrence County on behalf of the family of an 80 old woman killed when the ambulance transporting her to Fletcher Allen Health Care in (Burlington) Vermont crashed. While en route to the hospital, the ambulance slid off of a snow-covered roadway. The lawsuit seeks damages from Seaway Valley Ambulance and the driver.
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