Posted on April 25, 2013 in Personal Injury
Hawaii News reveals that a recent fatal workplace accident that killed a Maui man could have been prevented. According to reports, the man was fatally crushed by a crane this past October in Kahului. He was operating the equipment for his employer, Hawthorne Pacific Corp., when the accident occurred.
A federal investigation into the heavy equipment rental company turned up at 13 potential serious Occupational Safety and Health Administration (OSHA) violations.
If you have been injured at work, it is important to speak to a dedicated Hawaii personal injury attorney right away. Many complicated factors may affect your ability to be compensated for your injuries.
For example in most instances of work place accidents, your ability to recover damages (or in the instance of a wrongful death, your family’s) is limited by worker’s compensation laws. In fact, all employers in Hawaii, with a few exceptions, that have one or more employees are required by state law to provide workers’ compensation benefits in the event of workplace injuries. If you have sustained an injury or illness, which was caused in some way by the actions involved in the performance of your job, or, by the environmental conditions of your workplace, you are entitled to benefits. It is important to take every action possible to ensure that you receive full benefits to cover your medical expenses and lost wages.
A significant aspect of worker’s compensation law is that you may be able to recover compensation without having to show fault on the part of your employer. However, the recoverable amounts are often less than what is possible in civil lawsuits. In limited situations it may be possible to file a civil lawsuit. This is often the case where a third party contractor or manufacturer has caused or contributed to an accident.
In the present case, inspectors found outriggers designed to stabilize the truck-mounted crane weren’t extended, allowing it to tip. They also found the truck crane had been out of service for more than six months and hadn’t been completely inspected before it was used.
Based on these findings, OSHA officials believe that the 62-year-old’s death could have been prevented. For more information about workplace accident or if you have questions about Hawaii workers’ compensation law, please contact the top Hawaii personal injury lawyers at Bostwick & Peterson, LLP for an immediate consultation.