A recent Department of Labor report found workplace safety enforcement in California in need of serious change. According the Los Angles Times, an investigation into the California Division of Occupational Safety and Health revealed poor training of safety inspectors along with significant delays in responding to complaints. The investigation also revealed “relatively serious” problems, especially with the appeals board which “repeatedly reduced or dismissed penalties, even in situations where workers died or were seriously injured.”

Where workers are injured at work, they are eligible for Worker’s Compensation from their employer, regardless of fault. Additionally, injured workers may be able to bring third-party lawsuits in instances such as where a manufacturer provides a tool or equipment that causes injury, or another contractor creates an unreasonably dangerous workplace. Workers may be able to recover medical expenses, pain and suffering, and economic damages.

Where safety violations occur, Cal/OSHA is supposed to conduct an investigation, with the end result mandating work sites correct safety violations and pay fines. However, here the report highlighted several significant workplace accidents where Cal/OSHA failed to adequately investigate the safety violations and subsequently enforce penalties. For example, at Bimbo Bakeries, USA, nine employees lost parts of fingers or limbs as the result of baking machines lacking proper guards. Despite the safety violations, penalties were dismissed and the company not required to immediately remedy the problem.

In another case, a worker on the Golden Gate Bridge fell to his death because no scaffolds were in place. Cal/OSHA fined the contractor only $26,000, but when the administrative law judge noticed a small error in the name (the citations were issued to Shimmick Obayashi rather than Shimmick Construction Co. Inc/Obayashi Corp.) the case was dismissed.

Experienced workplace accident attorneys can help injured workers recover the compensation they are entitled to. Cal/OSHA must do a better job in enforcing penalties against companies to ensure the same accidents don’t happen again.

For more information, or if you have been injured in a work related accident, contact Frederick J. Sette,dedicated to helping those injured in California accidents obtain the compensation they deserve.

Orland news reports that a construction accident this past Thursday sent two men to the hospital and left a nearby school and surrounding homes without power for most of the day. The workplace accident occurred when a forklift operator - Mark Godfrey, Jr. - was moving steel beam and hit an overhead power line. He was electrocuted during the incident and suffered serious injuries. Godfrey, Jr. was airlifted to UC Davis Medical Center in Sacramento. A second man, Scott Gully suffered injuries from the construction accident as well. Gully was injured while trying to put out a fire that had ignited on the tires. Cal OSHA was called and began an investigation into the accident.

If you have been injured while on the job, it is important to contact an experienced Sacramento personal injury attorney to provide critical advice and information concerning your next steps. Depending on the circumstances of your matter, on-the-job injuries can be covered by Workers' Compensation law, tort law or both. A knowledgeable personal injury lawyer can provide guidance on the best way to handle your matter.

If some instances, workers may be covered by California worker's compensation laws. These laws may provide compensation in the form of medical payments, lost income, disability compensation and death benefits. Under California law, you generally can't sue your employer for on-the-job injuries, although you may be able to recover worker's compensation payments regardless of fault. Alternatively, in some instances you may be able to bring a tort law suit where a work place injury was caused by a third party - such as a manufacturer of dangerous equipment used at a worksite or a company who's product creates a hazard from toxic exposure.

Determining the appropriate laws and steps to take to recover compensation if you've been injured at work are complex. Here, if the men seek compensation for their injuries, several factors will determine both the laws regarding and the type the damages they may recover.

For more information or if you have been injured in a work-related accident, contact the Sacramento workers' compensation attorneys at the Law Offices of Frederick J. Sette for an immediate consultation.

Generally, if you've been hurt on the job California worker's compensation determines your right to recover. However, in some cases a tort remedy (i.e. filing a civil lawsuit) may be available. Other times, both types of claims may be filed. Consulting with a Sacramento worker's compensation lawyer is the best way to determine your next steps and your best options to obtain compensation when you've been injured.

On the job injuries include a variety of situations, from obvious injuries requiring medical care - such as head and brain injuries, back injuries and slips and falls - to diseases acquired from working around toxic substances such as asbestos and conditions that develop as the result of repeated strain or continuous trauma.

Where workers' compensation provides recovery to victims of work place accidents, you may be able to recover medical costs, lost income, expenses related to vocational training, permanent disability compensation and death benefits. A recent California worker's compensation case reviewed just how damages from work place injuries should be measured. Specifically, it evaluated how cost of living adjustments (COLAs) should be determined. This is a significant decision because it determines whether payments are measured prospectively from January 1st of the first year after a worker is injured or retroactively to January 1st after the year in which a worked is injured.

Here, a worker was injured in 2004 and asserted that his weekly payment should be adjusted based on his injury date. The appeals court agreed. However, the California Supreme Court overturned this decision. The Court reasoned that COLAs are intended to be "calculated and applied prospectively commencing from January 1st following the date on which the injured worker first becomes entitled to receive, and actually begins receiving such benefit payments."

Workers' compensation laws are complex and can be very confusing. An experienced Sacramento workplace accident lawyer can evaluate your circumstance and determine whether alternative avenues to compensation exist. Because recovery of damages may be limited in a worker's compensation case, filing a tort claim may provide an opportunity for greater recovery. 

Workplace accidents that may allow you to file a civil lawsuit include where a third party is somehow involved in causing the accident. This may be where a manufacturer provides malfunctioning equipment used at a work site and this equipment injures you, where you are exposed to toxic substance, if you are injured in a traffic accident caused by another driver or where a third party contractor creates a dangerous condition that leads to harm. In fact, many different types of negligence third party actions exist that may allow an individual harmed in a workplace accident to bring a civil lawsuit. Types of lawsuits available may include product liability or premises liability. If successful, you may be able to recover past and future medical costs, past and future lost wages, emotional distress and other damages, often substantially more than is available through California worker's compensation laws.

Because workplace accidents involve so many different factors and considerations, it is best to contact a Sacramento personal injury attorney to determine the best strategy for you to ensure you are compensated for your harm.

For more information, or to speak with a dedication Sacramento injury lawyer, contact the experienced Sacramento accident attorneys at the Law Offices of Frederick J. Sette for a confidential consultation.

The Mercury News reports that Cal/OSHA will begin investigation into the circumstances surrounding a fatal construction accident at the Woodlake Shopping Center. A Sacramento man, Cristobal Reyes-Segura, suffered fatal injuries after falling 15 feet from a beam where he was standing to install metal studs in building frames.

Under California law, when work-place accidents occur you may have remedies both through workers' compensation and traditional tort law. The general rule is that you cannot sue your employer form on-the-job injuries. However, you may be able to submit a claim for benefit to the Workers' Compensation Appeals Board. Where a death occurs, these benefits are paid to your dependents. The type of compensation recoverable includes medical bills, lost income, permanent disability and death benefits. Often the amount of compensation is much lower than you would be able to recover in a civil proceeding.

Although you may not sue your employer in civil court for your workplace injuries, in some circumstances it is possible to file a lawsuit where a third party is responsible. In construction cases this may be a third party contractor, the owner of a site [who is not your employer] or other party on the premises. If one of these parties is responsible for creating an unreasonable risk of harm, providing faulty equipment, or otherwise engages in reckless or negligent conduct, they may be held responsible and required to compensate you or your family for the injuries sustained.

For more information, or if you have been injured in a construction accident or other work environment, contact the Law Office of Frederick J. Sette, dedicated to helping those injured for more than 15 years.