Construction Accidents

August 15, 2011

23-year-old Worker Crushed by Backhoe in Bangor Work Accident

A man involved in a Bangor construction accident has died. The young man was reportedly working on a natural gas line project when he was crushed by a backhoe on Odlin Road, according to Bangor Daily News.

The 23-year-old was working for Bowdoin Excavation out of North Yarmouth and was working on a line extension project for Bangor Gas., according to WABI 5.Our Maine workers’ compensation lawyers understand the high risk construction workers face around heavy equipment. Accidents that involve these heavy machines can oftentimes be fatal. When a backhoe runs into a ditch, a stump or a hole, it can overturn or cause the operator to fall off and be run over. It is not uncommon for inexperienced driver to run into fellow workers either. This is why federal job safety standards require that operators of industrial lift-type trucks be thoroughly trained on how to operate the equipment before jumping in the driver’s seat. Under these federal standards, all workers that are under the age of 18 are prohibited from driving or operating the machinery.

“OSHA (Occupational Safety and Health Administration), the Attorney General’s office, would be involved in something like this because it’s an unattended death. A medical examiner would be involved because of the nature of the incident and everybody has their part to do. We’ll at some point find out exactly what happened,” says Sgt. Chip Hodges from the Bangor Police Department.

Federal statistics report that more than 5,000 employees died at work in the United State in 2008 alone. Construction equipment operators were among the categories of workers with the highest number of fatalities during that same year, according to OSHA.

Tips for site workers to avoid an accident with a backhoe or any other hydraulic excavator:

-All workers should be trained to recognize and avoid unsafe conditions. They should also be required to execute safe work practices that apply to their specific work environments.

-All workers on the work site should be aware of the machines’ established swing areas and blind spots. Employers should keep workers on foot outside of these areas by marking them off with rope, tape or other barriers.

-Before beginning a work shift, go over and confirm communication signals between machine operators and surrounding workers.

-Workers should be prohibited from standing under suspended loads or suspended machine components such as the boom, arm or bucket.

-Workers on foot should not be allowed to approach the hydraulic excavator or backhoe loader until they receive the go-ahead signal from the operator.

-Workers should never ride in or work from excavator or backhoe loader buckets.

-All workers should have appropriate personal protective equipment. Employers should make sure that workers use and maintain this equipment.

October 22, 2010

Workers’ compensation injuries and personal injury claims

by Peter Thompson & Associates

In Maine, there is a potential intersection of the workers’ compensation and personal injury systems when the injury is caused by a third party.

Generally, if you are injured at work, regardless of the cause, you are compensated for that injury entirely through the workers’ compensation system. However, did you know that if a party other than your employer is responsible for the injury, you may also have a separate claim against that party?

For example, if you were driving a vehicle as part of your job and were injured in an accident caused by another driver, you have both a workers’ compensation claim and a claim against the other driver.

September 24, 2010

What if the person who caused my accident doesn’t have enough insurance? Underinsured Motorist Coverage in Maine

by Peter Thompson & Associates

What happens if someone else’s negligence behind the wheel causes you injury and they don’t have enough insurance?sIn Maine, every auto insurance policy is required to have several components. In a previous post, we discussed uninsured motorist (UM) coverage, or the coverage that exists when the other party is not insured. The partner component of UM coverage is underinsured motorist (UIM) coverage. Like with UM coverage, every auto insurance policy in Maine must have a minimum of $50,000 per person and $100,000 per accident of UIM coverage (See Maine Revised Statutes Annotated Chapter 29-A Section 1605 (1)(C)(2) & (3) and Maine Revised Statutes Annotated Chapter 24-A Section 2902). This means, if you have insurance, you automatically have this coverage as part of your policy.

UIM coverage is used when someone causes you injury and their insurance policy is not sufficient to cover your damages. For example, although Maine requires $50,000 minimum of insurance, Massachusetts only requires $20,000 minimum. With the rising costs of medical expenses, even a moderate injury can easily use up this amount. This must also cover any lost wages, pain and suffering, attorney’s fees, and all other damages you may have. (The only exception is your vehicle damage, which is usually covered separately.)

So, if you are injured by someone who has $20,000 of insurance and you have $50,000, then there is a total of $70,000 of coverage right?sUnfortunately, no. In Maine, your UIM carrier receives a credit for the amount paid by the insurance company for the at fault driver. Therefore, in this example there is only a total of $50,000 of coverage. $20,000 paid by the at fault driver and $30,000 paid by your UIM carrier. Therefore, if you only have the minimum required insurance coverage of $50,000 of UIM, and someone else with the minimum causes you an injury, there is no additional coverage for your injuries.