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Montgomery & Bucks County Workers' Compensation Law Blog

Thursday, January 28, 2016

Workers' Compensation Board Blames Negligence for Worker's 40-foot Fall

What benefits are available to a worker who is paralyzed following a work-related accident?

Paralysis is one of the most severe workplace injuries an employee can endure, and is likewise compensated as such. In most cases, a paralyzed worker will be unable to ever return to the jobsite, a condition referred to as the “permanent loss of function.” In the event a workplace injury causes the permanent loss of a body part or extremity – either due to paralysis or dismemberment – the worker will likely receive total disability payments, equaling two-thirds of the worker’s average weekly wage at the time of the incident. If, after 104 consecutive weeks of benefits, the worker is still unable to return to the job, he or she will need to obtain a medical evaluation which must reflect a “profound” disabling condition.

West Chester man paralyzed by workplace negligence

In a truly horrific set of circumstances, a West Chester man was recently paralyzed from the waist down after falling 40 feet from a makeshift platform. Unbelievably, the man’s supervisor ordered another worker to lift him nearly three stories – using a rough-terrain front-loader, which ultimately toppled and caused the resulting 40-foot fall.

Following the incident, the employer was subjected to an immediate inspection by OSHA, which revealed widespread instances of negligent, dangerous workplace protocol. First, the company was cited for routinely misusing front-end loaders for unapproved uses – including, apparently, moving employees from one area to another. Further, the company was cited for failing to provide fall protection, and failing to properly train workers to recognize the instance of fall hazards. Likewise, the employer was penalized for haphazardly using unneeded equipment to weigh down scaffolding bases, a maneuver further solidifying the obvious patterns of carelessness and recklessness within the management of construction projects.

In a statement by the Philadelphia OSHA office, "[t]his tragedy could have been averted if these two companies had not been so careless about worker safety….A young man is now confined to a wheelchair because of the disregard of the employers at this site for the safety and well-being of their workers. Their actions are inexcusable and will not be tolerated.."

If you have suffered a workplace injury, a qualified attorney can help you obtain compensation.

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