Fatal Work Injuries – Data Shows Texas Had Highest Number of Contract Workers Killed on the Job

Reports of Fatal Contract Worker Injuries Prompt OSHA Initiative

According to data recently released on fatal work injuries, Texas had the highest number of contract workers killed on the job in 2011.  In just that year, 56 contract workers died from on-the-job injuries in our state.

The Bureau of Labor Statistics Census of Fatal Occupational Injuries (CFOI) released the final data April 25, 2013. The CFOI report included for the first time detailed data on contract worker fatalities. Of the 4,693 work-related deaths reported, 542 were contract workers.

Only days after the release of CFOI data, OSHA launched of an initiative to protect temporary workers from workplace hazards. Announcement of the initiative came during a program for Workers’ Memorial Day, a day annually reserved for honoring workers killed on the job and for renewing a commitment to workplace safety.

According to the announcement, OSHA recently received a series of reports about temporary workers suffering fatal work injuries. Many of the workers died within their first few days on the job.

Among other things, OSHA inspectors plan to assess whether contract workers receive the required safety training in a language and vocabulary they understand. To avoid high worker compensation and health insurance costs, many employers hire temporary workers, often ones who are Hispanic or Latino and do not speak English, as general laborers. Many of those unskilled laborers are at considerable risk for injuries in the workplace.

While the CFOI report shows a drop in overall worker fatalities, a Houston Chronicle article says that is not the case in the Texas oil and gas industry. An analysis by the Chronicle of fatal work injuries in Texas from 2007-2011 found that more oil and gas field services and drilling workers were killed on the job than any other profession in Texas. It is common to see laborers who do not speak English working in Texas oilfields and construction sites.

If you suffered the loss of a family member due to a fatal work injury in Texas and would like to discuss your legal options, a Houston work injury attorney at The Callahan Law Firm is prepared to help. Our attorneys handle fatal work injury cases on a contingency fee basis, meaning you pay no attorney fees until receiving a recovery.  Contact our office now for a free case evaluation.

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Texas Plant Explosion a Deadly Reminder of Dangers Workers & Area Residents Face

The Callahan Law Firm extends its deepest sympathy to all suffering from the West, Texas plant explosion.

A deadly Texas plant explosion devastating the town of West killed at least 14 people, many of them volunteer firefighters, injured about 200 others, and destroyed homes within a four-to-five block radius of the 10-acre West Fertilizer Co. The Dallas Morning News reports that damage from the explosion and shockwave extended to homes and other buildings in a 37-block area.

As we join residents of the small Central Texas town in mourning their losses and rebuilding their lives, state and federal investigators sort through rubble, trying to determine what caused the April 17th fertilizer plant explosion.

According to a Reuters report, authorities are questioning West Fertilizer Co.’s handling and reporting of hazardous chemicals. Based on the amount of ammonium nitrate stored, the plant should have received safety oversight by the U.S. Department of Homeland Security, but the federal agency was reportedly unaware of the chemicals stored there. Whether additional oversight could have prevented the tragic event or not remains unknown, but one thing we do know – the plant explosion is a deadly reminder of the dangers industry workers, emergency responders and those residing near industrial plants face.

Texas has certainly seen its share of such deadly disasters. The worst industrial accident in U.S. history also occurred in the month of April in Texas, and also involved ammonium nitrate. The Texas City Disaster began April 16, 1947 when a fire aboard a ship carrying the explosive chemical docked at the port in Texas City set off a chain-reaction of fires and explosions that killed about 600 people, injured thousands, and destroyed hundreds of homes and businesses.

Also among the most deadly U.S. industrial accidents was the Phillips Disaster of 1989 in Pasadena, Texas. The fires and explosions at the plant producing high-density polyethylene killed 23 workers and injured 314.

And, the BP Texas City refinery explosion on March 23, 2005 killed 15 workers and injured at least 170 others.  An investigation into the incident found that budget cuts had caused a deterioration of safety. BP paid hundreds of lawsuit settlements.

After major incidents such as these deadly plant explosions, state and federal agencies implement additional safety measures to help prevent future accidents, but sadly they do still occur.  Sometimes, such as in the case of the Phillips disaster, investigations find that the companies had previously known about but largely ignored unsafe conditions. Although millions and even billions of dollars in penalties and lawsuits does not bring back lives lost, money paid to survivors helps them rebuild their lives and may persuade other companies to ensure any and all safety measures possible are taken.

If you were injured or suffered the loss of a family member in a Texas plant explosion or fire and want to take legal action, contact an experienced attorney.  For tips on how to live through an explosion, click here.

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Inexperienced Truck Drivers Could Lead to More 18 Wheeler Accidents in Texas

You may have heard that Texas, along with the rest of the country, is experiencing a serious truck driver shortage. Trucking companies cannot find enough drivers able to meet the Department of Transportation’s stringent requirements, and nearly all the drivers they do find leave the profession soon after entering it. The American Trucking Associations estimates the average number of new truck drivers needed per year for the next 10 years is nearly 100,000. Others say the trucker shortage could reach 600,000 by 2016.

To keep trucks moving, many national carriers now hire inexperienced truck drivers. Although those drivers train to earn a Commercial Driver’s License (CDL) before operating a big rig commercially, experience builds over years, not weeks or months. Inexperience can and does lead to accidents.

Even more concerning is that some smaller independent companies employ drivers without a CDL. A recent one-month CBS 7 investigation into truck drivers without CDLs uncovered 350 crashes in the Permian Basin alone involving such drivers. In those crashes 14 people died. According to the Nov. 22 report, the Texas Department of Public Safety had already issued at least 300 tickets during the year to truck drivers without a CDL and said that number could double by the end of 2012.

Latest data from the Texas Department of Transportation, processed as of June 2012, shows that in 2011 a total 23,968 crashes in Texas involved Commercial Motor Vehicles in which 417 people died and 4,734 suffered serious injuries. The highest number of truck accidents occurred in Harris County. Those 3,355 crashes involved at least 25 fatalities and 481 serious injuries.

Unfortunately, fatalities and serious injuries are not uncommon in auto-truck accidents. While some crashes may be unavoidable, truck accidents caused by driver error, lack of truck maintenance, fatigue or other negligence are intolerable.

Serving as an 18 wheeler accident lawyer in Houston, The Callahan Law Firm is a committed advocate for victims seriously injured and families who lost loved ones in commercial truck accidents. The firm handles cases throughout the state, working on a contingency basis, to help victims get justice through the legal system.

While paying fines for driving a commercial truck without a CDL may not stop offenders, paying large damages awards as a result of jury verdicts in trucking negligence cases could. Texas needs qualified truck drivers to safely operate commercial vehicles on Texas roads, and we cannot allow negligent, inexperienced truck drivers to put lives at risk.

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DWI Arrests Down, Texas Drunk Driving Fatality Numbers Remain Too High

Although the number of DWI arrests decreased during the recent holiday season, concern about Texas’ drunk driving fatality numbers remain in 2013.  Each year, drunk driving kills more than a thousand people on Texas roadways. According to the Texas Department of Public Safety, alcohol-related crashes injure or kill someone in Texas about every 20 minutes.

To help reduce the number of DWI-related fatalities, local and state law enforcement increased patrols from December 21 – January 1.  According to news reports, the increased presence helped.  The number of people arrested for alcohol-related offenses in Harris County over New Year’s weekend dropped from 235 in 2011 to 187 in 2012. Those arrests included 19 felony DWIs, down from 25 the previous year.

The Harris County Sheriff’s Office reported 54 DWI arrests made during the recent holiday season. At least one fatality involved alcohol. Last year at least six drunk driving fatalities were reported.

What the numbers tell us is that while increase patrols help keep some drunk drivers off of Texas roadways, too many people are still drinking and driving.  That means innocent lives will continue to be lost.

Impaired Texas drivers continue to get behind the wheel, putting others at risk, and the state perennially has the highest number of alcohol-related traffic fatalities. In 2011, Harris County led the state with 2,657 alcohol-related crashes, based on reported data processed by the Texas Department of Transportation as of June 2012. From those crashes nearly a thousand people suffered serious injuries and 167 died. That is in Harris County alone. Dallas County came in second with 2,332 alcohol-related crashes in 2011. From those crashes, 56 people died and 792 suffered serious injuries.

Considering that Harris County led the state in alcohol-related crashes, it is not surprising that in 2011 more drunk driving accidents occurred in Houston, our hometown, than any other city in the state. What is surprising is that so many people continue to drive after drinking, knowing the serious risk they pose to people other in addition to themselves.

As Houston auto accident lawyers, we see the suffering of families who lost loved ones in traffic-related fatalities way too often. When drunk drivers cause death and serious injuries, ones that were preventable, we feel enraged.

We encourage everyone to do what they can to prevent more deaths and injuries due to drunk driving.  Don’t be the cause of someone’s suffering. Don’t drink and drive, and don’t let others.

Make 2013 the year that turned the Texas drunk driving fatality numbers around!

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Injured on the Job? You May Have a Claim

The workplace can sometimes be a dangerous, even deadly place. In Texas, companies employ many individuals in dangerous occupations that have an increased risk of injury on the job, including shipping, construction, manufacturing, energy and transportation. Unfortunately, this increased risk leads to more actual work-related injuries.

In April, a worker on an oilfield died when he fell from a drilling rig onto a steel floor. According to the accident report, he was doing some service work about 50 feet up, where some pipe was being moved around, when he slipped and fell. The rig is located near Cheapside on County Road 192. It belongs to EOG Resources.

The local authorities also responded to another oil rig accident the next day. An employee suffered unknown injuries after he apparently fell from a rig near County Road 289. Emergency personnel had to climb to reach the victim on the rig flooring 25 feet above, but fortunately he was conscious and responsive.

Common on-the-job injuries in Texas result from industrial accidents, heavy equipment accidents, chemical exposure, maritime accidents, occupational respiratory diseases and railroad accidents. They can be caused by the negligence of co-workers or employers, although “third party” accidents may also be caused by other parties on a job site.

Depending on the nature of the accident, injured parties or their family members may be eligible to pursue a claim for personal injury or wrongful death. Employees may also have a claim for workers’ compensation if the employer is unwilling to pay.

If you or someone you love has been injured on the job, contact an experienced personal injury attorney. A personal injury lawyer can assess your case and help you get the compensation for your injuries you deserve. For more information, contact an attorney today.

Source: The Gonzales Inquirer, “Worker falls to death in oilfield accident,” April 6, 2012.

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No Workers’ Compensation Coverage – Texas Companies Opt Out

“Texas is the only state in the country that allows employers of any size to decline to carry state-regulated workers’ compensation coverage.”

Instead of carrying workers’ compensation insurance, many Texas businesses set up their own injury benefit programs thereby saving themselves a lot of money. In other words, they don’t have to pay premiums to carry comp coverage. According to a 2010 survey conducted by the Texas Department of Insurance, 15% of Texas businesses with more than 500 employees do not carry workers’ compensation insurance. Walmart and Target are examples of 2 large Texas employers that choose not to carry formal workers’ compensation insurance. There is, however, a trade off for employers who decide to go “bare” as it is commonly known. In Texas, if an employer has workers’ compensation coverage and an employee gets hurt on the job, the injured employee is limited to making a workers’ compensation claim and receiving comp benefits which essentially consist of medical care and approximately 70% of lost wages for a period of time, and the injured employee cannot make a claim against his employer for negligence. If a Texas employer does not carry workers’ compensation insurance and one of its employees gets hurt on the job in Texas, the employer can be sued for its negligence that caused or contributed to the employees’ injury. In this instance, making a claim for negligence is the only way an injured employee can hold the negligent employer liable and force it to pay for the harm it caused. Damages in a non-subscriber negligence lawsuit include medical expenses, loss of earnings, physical impairment, pain, mental anguish and disfigurement, in the past and into the future.

The New York Times, Sunday, April 8, 2012.

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Distracted Driving Remains a Serious Problem

Distracted driving has become a serious problem on Texas’ roads. With the advances in technology in both phones and cars, there are a growing number of ways to become distracted while driving. This poses a danger not only to the driver but also to others on the road as well.

According to statistics compiled by the National Highway Traffic Safety Administration (NHTSA), over 3,000 people were killed in crashes that involved distracted drivers in 2010, the last year for which statistics are available. In addition to that, over 400,000 people were injured in crashes that involved distracted drivers. Eighteen percent of all crashes that year involving an injury were caused by distracted driving.

The Federal Response

A recently enacted federal law prohibits commercial vehicle operators from using handheld cell phones while driving. The penalties for a violation include a $2,750 fine and a potential loss of their commercial license if there are multiple violations. Trucking companies also face penalties if their drivers are caught using a handheld cell phone while driving.

A Personal Injury Attorney Can Help

If you or someone you love has been injured in an accident due to the negligence of another driver, contact an experienced personal injury attorney. A knowledgeable personal injury lawyer can assess your case and help you get the compensation for medical bills, lost wages, and pain and suffering you deserve. For more information, contact a personal injury attorney today.

Source: USA Today, “Companies Weigh Risks of Distracted Driving,” Larry Copeland.

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Vehicle Crashes – Eagle Ford Shale

“Three oil-field workers were killed Monday morning in a head-on collision south of San Antonio, the third deadly crash within two weeks on a South Texas road officials said has become heavily traveled because of a boom in nearby drilling.” The crash happened on Texas 72 near Tilden, Texas, approximately 75 miles south of San Antonio. It is believed that the crash may have been caused by fatigue. “All three fatal crashes – which have killed five people – involved drivers working in the oil and gas fields” according to Texas Department of Public Safety Trooper Clint Walker. “The increase in crashes is likely due to an increase in traffic, Walker said, most of which stems from a boom in drilling in the Eagle Ford Shale formation.” It is believed that the three men killed in the crash were from the Rio Grande Valley and were on their way to work. “‘We just have so much more traffic because of all the oil and gas activity,’ Walker said. ‘These guys are working a tremendous amount of hours and not getting enough rest. It’s very, very dangerous.’” The rise in energy prices has led to an increase in exploration for oil and gas in the Eagle Ford Shale region in South Texas and other areas in Texas including the Barnett Shale region. Other regions seeing significant land based oil and gas exploration include the Bakken Shale in North Dakota and Montana, as well as the Marcellus Shale in Pennsylvania, New York, West Virginia and Ohio. Houston Chronicle, November 1, 2011.

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Disciplinary Action After School Bus Crash Involving Drunk Police Officer

Drunk driving accidents that cause serious injury or wrongful death can be particularly difficult for accident victims and family survivors to ever put behind them. Negligence that causes harm is intolerable no matter the circumstances, but drivers who get behind the wheel when they are intoxicated are rolling the dice regarding the safety of other drivers and passengers.

For that reason, Texas lawmakers have enacted tough penalties for drunk drivers, including a recent enhancement of consequences for those who have a high blood-alcohol content (BAC), as well as drivers who cause traumatic brain injuries in committing the felony of intoxication assault. But imagine the frustration if you were involved in an accident with an officer of the law whose colleagues decided to look the other way despite his obvious intoxication.

That was the situation faced by Houston school bus driver Teresa Argueta, who was involved in a crash with off-duty police sergeant Ruben Trejo last spring. Despite Argueta’s observation that Trejo smelled of alcohol and had open beer and wine containers in his car, she was the one who was cited (for failure to yield) after the accident.

The Houston Police Department initially announced that Sgt. Trejo was not under the influence. Only after a reporter from KTRK-TV started asking questions did the truth come out: Trejo reportedly had a BAC of .176, which would have met the threshold for an enhanced DWI under the new law that went into effect on September 1. Trejo was fired, and the officers behind the cover up were suspended or disciplined.

A dedicated and aggressive Houston DWI accident lawyer must sometimes take the same initiative as that reporter to shine a little daylight on the actual cause of an accident. Evidence of intoxication due to drinking, prescription medications or illegal drugs is not always readily apparent, but an attorney’s job is to help plaintiff’s explore every theory of negligence and identify every potential source for recovery of damages.

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Bill Proposed to Improve Pipeline Safety Sits in U.S. Senate

Following high-profile oil pipeline accidents in the U.S., Democratic Senators Frank Lautenberg of New Jersey and Jay Rockefeller IV of West Virginia proposed legislation to improve the safety of the pipeline network that crosses the nation. Despite strong bipartisan and industry support, however, the bill has sat in the Senate since early this summer as legislators decide which process the bill should go through.

According to the Courier-Journal, the reauthorization bill contains many new safety provisions for pipelines, including:

  • Higher civil penalties for violation of pipeline safety regulations
  • New civil penalties for obstruction of government investigations
  • New safety regulations for digging near utilities and pipelines
  • New requirements for shut-off valves in new pipelines
  • Increased numbers of safety officials and pipeline inspectors

The safety regulations would continue being administered by the Pipeline and Hazardous Materials Safety Administration, which carries responsibility for overseeing the 2.5 million miles of oil, gas and hazardous materials pipelines throughout the U.S.

In May, the proposed legislation was unanimously approved by the Senate Commerce, Science and Transportation Committee, and Senate Democrats would like to expedite passage of the bill. However, deviating from normal debate-and-vote procedures with the legislation would require unanimous approval again, and Kentucky Senator Rand Paul has objected, stating that debate on the bill should occur.

The bill’s new and enhanced regulations were created after major oil pipeline accidents shocked the nation, particularly the San Bruno, California, pipeline explosion in which eight people were killed just over a year ago. Because the consequences of an accident can be catastrophic, Sen. Lautenberg said, “this bill would help to ensure the safety and efficiency of our pipeline network.”

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