Articles Posted in Industrial Accidents

Any worker dying in a workplace accident is a tragedy. What makes many of these tragedies so profoundly frustrating is that after-the-fact investigations reveal that the worker’s death was entirely preventable. Many workers lose their lives on the job when, with better training, better supervision, and better safety protections, their accidents could have been avoided entirely. Sometimes, these cases involve failures not only by the employer but by third parties, as well. When that happens, the worker’s family may be entitled to seek justice using an industrial accident lawsuit. For answers to your questions about this type of civil action, you should speak to an Oregon industrial accident lawyer experienced in litigating these sorts of cases.

A recent worker death was the latest example of a preventable accident, according to a state agency investigation. In early March 2024, a 32-year-old employee working at a paper mill in Camas, Washington died when a machine crushed him. A police report filed after the man died revealed that the worker “was working alone on a machine that had reportedly been having issues earlier in the day when the incident occurred.”

Not only had the machine had problems earlier in the day, but it also experienced issues during the man’s shift. According to a news release from the Washington State Department of Labor and Industries, the man “called four times in one hour to ask for help troubleshooting” the machine. Still, he was left alone with the machine. Other employees only checked the station after boxes began backing up on the conveyor belt. By then, the machine’s metal arms had already crushed the man to death.

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Construction workers face many hazards on the job. Some are inevitable, but too many dangers – and serious or fatal accidents – arise because someone (or some entity) failed to do what they were required to do. Because major construction projects typically involve a variety of entities, including general contractors, subcontractors, and more, the blame for your construction accident may fall on someone other than your employer. That means that, with the advice and counsel of an experienced Oregon industrial accident lawyer, you can potentially recover vital compensation through the civil justice system.

When it comes to construction dangers, four areas stand out: falls, electrocution, cave-ins during trenching or excavation, and “struck-by” accidents. According to the Occupational Safety and Health Administration, roughly ¾ of “struck-by” injuries involve heavy equipment like trucks and cranes. OSHA’s data also shows that approximately 25% of fatal “struck by vehicle” accidents involve construction workers, more than any other profession.

A local accident from late May was yet another example of those dangers. On May 30, a forklift rolled on top of S.D., an ironworker working on the massive “modernization” project at a century-old high school in Northeast Portland, pinning and crushing her. The worker died two days later.

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According to the U.S. Government Accountability Office, research estimates say as much as 47% of jobs “could be automated in the future.” Human workers are (and will continue to be) exposed to certain dangers that result from sharing a workspace with robots. When you are hurt (or a loved one is killed) at work because a machine did not perform as it should, your family may be entitled to hold certain entities accountable through a civil action based on negligence in the way they designed, manufactured, programmed, tested, and inspected their machines. These kinds of lawsuits require very specific legal knowledge, so it is wise to consult with an experienced Oregon industrial accident lawyer about your situation.

Nine years ago this month, a fatal workplace accident went “viral” on social media after a robot at an automotive plant grabbed a worker and crushed him against a metal plate. (Sadly, the story’s virality was less about the important issue (workplace safety,) and more about the reporter’s name, a near-match with the fictional heroine in a famous movie about killer robots.)

Robot-related worker injuries and deaths remain a problem. Last November, a robot at a vegetable packing plant in South Korea crushed a worker to death after the machine grabbed him and pressed him against a conveyor belt.

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Workers in Oregon should be entitled to safe workplaces where they can complete their responsibilities and then return home to family, friends, and loved ones. Too often, that doesn’t happen. Workers may receive insufficient training, inadequate supervision, or machinery that lacks proper safety protections. When a serious injury results, the worker may have a civil claim under Oregon law. If that is you or a loved one, an experienced Oregon industrial accident lawyer can offer invaluable information and advice about this area of the law and how it might apply to your situation.

An unsafe workplace led to a catastrophic injury to one man in Hermiston, according to a lawsuit he filed recently. Willamette Week reported that D. R.-P. was working the night shift at a food “upcycling” facility when a damp package jammed a shredder machine. Based on earlier instructions from the supervisor, the man jumped onto the conveyor belt to free the problematic package. When he did so, he fell into the shredder’s cutting blades, which severely mangled his legs.

The lawsuit, which the man filed here in Multnomah County, alleges many forms of substandard safety. The safety training the man received was deficient and the company failed to adopt safety protocols, the complaint claimed.

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Workers today utilize machines to perform (or facilitate) a broad spectrum of tasks. Machines are essential to the success of many industrial and manufacturing operations. For the human workers in those facilities, their safety hinges in large part on those machines being in proper condition. An unsafe machine can pose all manner of risks that can disfigure, maim, or kill workers. If the entities who were responsible for that machine’s manufacturing, installation, maintenance, and repair were not the injured worker’s employer, then the worker has the opportunity, with the aid of an experienced Oregon industrial accident lawyer, to sue that third party (or parties) for their negligent acts (or inaction) and recoup essential compensation through the civil justice system.

The National Institutes of Health found that, from 1992-2010, an average of 770 workers died each year in “occupational fatalities involving machinery.” One cause of these accidents is substandard equipment. A machine that was defectively manufactured, installed improperly, or not maintained or repaired correctly is a machine that has the potential to kill workers.

Allegedly, that was the basis of a tragic workplace death just outside Medford. The deceased man, F.E., was a contractor hired by a company that allegedly was in the business of extracting hash oil from marijuana. The process required using an extraction machine system and butane as a solvent, and the company hired F.E. to install the system. F.E. and others spotted a leak during the installation process, according to the estate’s lawsuit. Everyone evacuated but when the contractor and one other man re-entered the warehouse, a massive explosion allegedly ensued. The contractor suffered widespread burn injuries that proved fatal.

Portland and the surrounding area welcomed the start of fall a few weeks ago, and the change of seasons brought temperatures in the 40s. Not long ago, though, Portland sweltered under triple-digit temperatures. As uncomfortable and challenging as extreme heat can be for most of us, it is vastly more dangerous for workers who work outside or in non-climate-controlled settings. These jobs can be not only dangerous but also fatal. Sometimes, a worker’s heat-related workplace injury or death may be the result of multiple people or entities failing to do their jobs — and that includes people or entities beyond just the worker’s employer. When that happens, an experienced Oregon industrial accident lawyer can help you take the appropriate legal steps.

When temperatures reached 100+ back in August, KGW8 took the opportunity to remind readers of the heat-related workplace protections that are now in place in Oregon.

Back in 2021, multiple workers died during a June heat wave where temperatures reached the mid 110’s. In the wake of those deaths, the Oregon Occupational Safety and Health Division (Oregon OSHA) created new administrative rules to protect workers from the heat. The rules apply to “any workplace where extreme heat caused by weather can expose workers to heat-related illnesses.”

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People whose sole (or primary) source of information about the civil justice system is courtroom drama TV shows likely presume that cases are 100% won or lost at trial. In reality, what leads to success in your major injury case often happens well before the trial even begins. That’s because developing the strongest possible case involves many facets, including proper pretrial procedural steps, and that’s why the odds of getting justice are enhanced by retaining a knowledgeable Oregon injury lawyer.

A recent injury case from the federal District Court in Eugene is a good example. The huge “win” the injured plaintiff received was not regarding some factual or legal issue, but rather the use of expert witnesses.

Expert witnesses can be a major element of a successful case. Say, for example, you suffered a catastrophic injury with permanent paralysis at work due to the negligence of a third party (i.e., not your employer.) Your injuries mean a lifetime of medical treatment, rehab, pain, anguish, mental distress, and never being able to work again.

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When workplaces lack appropriate worker safety protections, serious and sometimes life-changing (or even fatal) accidents are too often the result. Sometimes, you, as an injured worker, may be entitled to restorative relief through an industrial accident lawsuit. These cases can be highly complex, making representation from a knowledgeable Oregon industrial accident lawyer especially valuable.

One factor that can help workers to receive safer workplaces is the threat of OSHA fines from the state. The fines the State of Oregon hands out to employers operating unsafe workplaces have historically been among the lowest in the country, even when the safety violations were obvious and substantial. For example, one construction worker in West Linn died in an accident caused by a heavy-duty loader with no working brakes or horn. Despite finding that the safety violations carried a “high probability of death and that ‘with reasonable diligence, (the) employer could have known that the loader’s brakes and horn were not operating properly’,” Oregon OSHA fined the excavation company only $5,400.

Those fines will be increasing going forward. Earlier this month, the Oregon legislature passed a bill that forces Oregon OSHA to lift its minimum fine amounts to mirror the minimum fines federal OSHA requires. According to The Oregonian, that means raising minimum fines by more than 1,000% in some circumstances.

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The month of March 2023 has brought with it yet another fire and explosion at an Oregon industrial/manufacturing facility. Fortunately, no one was gravely injured or killed. Sometimes, these sorts of incidents happen despite the best efforts of all those responsible for worker safety. Too often, though, these events involve a degree of negligence, sometimes by multiple parties. When you’re one of the workers injured in this way, you may have several legal options. If someone other than your employer acted (or failed to act) in a way that meets Oregon’s legal standards for negligence, then you can pursue an industrial accident case. With representation from an experienced Oregon industrial accident lawyer, you can obtain much-needed compensation from that third party for your injuries.

The most recent explosive incident took place at a wood railroad tie treatment facility in The Dalles, which is about 80 miles east of Portland. It left two people injured, according to a KPIC report. Both of those individuals were firefighters responding to the emergency. The local Sheriff’s Office indicated that both firefighters were in good condition. No workers were hurt in the fire or the explosion.

The tank where the incident occurred contained QNAP copper naphthenate, which is a substitute for creosote, a substance used in treating wood railroad ties, according to Columbia Community Connection. The Sheriff’s Office told KPIC that the tank in question had been taken offline earlier that day to be cleaned.

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Oregon has a long unfortunate history of handing out very small fines to companies caught violating workplace safety laws and rules. Currently, the statutory minimum for serious violations is only $100. When it comes your workplace accident, taking the proper legal steps on a timely basis may be crucial both to getting the financial recovery you deserve and also holding those responsible for your harm (or your loved one’s death) accountable for their actions. That process starts with the crucial first step of retaining the services of a knowledgeable Oregon workplace accident lawyer.

Recently, OregonLive.com recounted the story of M.V., a mill worker in Prineville who nearly lost a finger in a saw accident. The worker required surgical reattachment of her ring finger, which the saw had almost completely amputated. The injury caused long-term pain and limitation of movement. The state investigated and found that the saw lacked a proper guard and M.V. hadn’t received proper training on the tool. The mill also had a history of unsafe machinery and untrained workers.

The state fined the mill $780.

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