Construction Accidents

A 36-year-old concrete truck operator was killed Monday morning when he was crushed by the truck’s rotating drum at a facility in Kenosha County, according to a news release from the county sheriff’s department.

The incident occurred about 10:30 a.m. while the man was washing out the truck’s loading port and became caught between the truck’s rotating drum and its loading hopper, according to the release. He was pronounced dead at the scene.

The Milwaukee Journal Sentinel is reporting that a construction worker was killed in a construction accident in Milwaukee’s Third Ward Monday morning.

According to a worker on the construction site, a man had fallen down an elevator shaft at 159 N. Jackson Street.

The Milwaukee Fire Department confirmed that a fatality had occurred, but they reported that a person may have fallen through a roof.

Pitman, Kyle & Sicula is a Wisconsin personal injury law firm handling construction accident cases through out the state.  Our personal injury lawyers have successfully represented injured people in almost every county. We know Wisconsin.

Two construction workers were injured yesterday morning in Deerfield when a forklift collapsed and fell about 20 to 30 feet.

A platform supported by a Skytrac construction forklift collapsed and fell 20 to 30 feet trapping Keegan Wedl, 21, under a pallet of shingles. Wedl was removed from the debris and flown to University of Wisconsin Hospital.

Scott Wedl, 54, was injured when he jumped from the forklift after it collapsed. Both men’s injuries were serious, but not life-threatening.

Pitman, Kyle & Sicula is a Wisconsin personal injury law firm handling construction accident cases through out the state.  Our personal injury lawyers have successfully represented injured people in almost every county. We know Wisconsin.

Actually, there is rarely anything “Independent” about medical exams requested by an insurance company.  The insurance company pays for the exam.  It’s easy to understand that the doctor is biased.  This quote from an “Independent” medical doctor is eye opening:

“If you did a truly pure report,” he said later in an interview, “you’d be out on your ears and the insurers wouldn’t pay for it. You have to give them what they want, or you’re in Florida. That’s the game, baby.”

Read the story from the New York Times.  It deals with workers’ compensation in New York, but it is certainly relevant for Wisconsin’s workers’ compensation claims.

Something interesting about this article is the changes that NY has implimented for its “I.”M.E.’s.  They allow the exams to be tape recorded or videotaped.  Seems reasonable to me!  In Wisconsin, personal injury law plaintiffs’ attorneys who ask that an exam be taped or recorded receive a strong objection from the insurance company.  Sometimes even having a friend or family member attend an exam isn’t allowed.

Last I checked, no Wisconsin Appellate Court has held whether a Defense Medical Exam (that is a more accurate description) performed for a personal injury claim may be tape recorded or videotaped.  Federal Courts have held that a Defense Medical Exam regarding a psychiatric examination may be recorded.  Zabkowicz v. West Bend Co., 585 F. Supp. 635 (E.D. Wis. 1974). (See this outline from an Insurance Defense Firm located in Milwaukee, Wisconsin).

-Attorney Jonathan Groth

The Department of Labor released its National Census of Fatal Occupational Injuries in 2007 last August and although construction accidents account for the highest total number of deaths, it is not considered the most dangerous occupation. 

The most dangerous jobs are in fishing. An astounding 111.8 deaths per 100,000 employed in the industry.  By comparison, you’re four times as likely to be fatally injured on a commerical fishing boat than in a semi truck.

The Five Most Dangerous Jobs:                                Fatality Rate       Number of Fatalities

1. Fishers and related fishing workers                  111.8                      38 
2. Logging Workers                                              86.4                      76
3. Aircraft pilots and flight engineers                      66.7                      82
4. Structural iron and steel workers                       45.5                      40
5. Farmers and ranchers                                      38.4                     285

The next five, in order, were Roofers, Electrical power-line installers and repairers, Truck drivers, Garbage men, and Police and Sheriff’s officers. As stated earlier, construction accidents remain the number one cause of fatal occupational injuries accounting for 1,178 fatalties.

One hundred and three fatal occupational injuries occurred last year in Wisconsin.  Forty-five of those were transportation related.

Pitman, Kyle & Sicula is a Wisconsin personal injury law firm handling cases through out the state.  Our personal injury lawyers have successfully represented injured people in almost every county. We know Wisconsin.

Waupaca County becomes the first county in the state to ban the use of cell phones while driving a motor vehicle.

The ordinance prohibits dialing, answering, talking, listening or text messaging in a manner that would not allow the user to keep both hands on the steering wheel.

There is an exemption for calling emergency services or using the phone while the vehicle is parked.

The ordinance carries a fine of $75 not including court costs which could raise the overall tab to $217.50.

Board Supervisor Jack Penney said that the county experienced approximately 12 cell phone-related accidents over the last year.  

“We have had a number of fatal and injury crashes caused by people young and old on cell phones,” said Al Kraeger, chief deputy of the Waupaca County Sheriff’s Department.

Pitman, Kyle & Sicula is a Wisconsin personal injury law firm handling cases through out the state.  Our personal injury lawyers have successfully represented injured people in almost every county. We know Wisconsin.

A new report discusses how insurance companies make their money.  This shouldn’t be a surprise.  They take in as much as they can in premiums and pay out as little as possible in claims.

Insurance companies are supposed to act in good faith with their insured and on behalf of their insured when dealing with someone their insured injures.  Arbitrary denials and low offers for no reason are not good faith.

Read the report.  You’ll get a feel for what personal injury attorneys deal with day in, day out.  You’ll understand why Allstate, Farmers, Progressive, et al., get on our nerves.

-Attorney Jonathan Groth

Investigators for the National Transportation Safety Board are attributing the collapse of the I-35W bridge in Minnesota to a design flaw and not corrosion.  An official ruling is expected near the end of a two-day NTSB hearing. 

The bridge collapsed into the Mississippi River during rush hour traffic on August 1, 2007 killing 13 and injuring 145.

Investigators discovered that the U-10 steel gusset plates, pieces that helped connect steel beams, were designed at only half the required thickness.  The investigation identified 16 fractured gusset plates in a main truss.  One expert called that design error a “critical factor” in the collapse.

Experts said there is nothing inherently dangerous about this type of bridge so long as each structural element is designed to withstand the expected stressloads.  Internal NTSB memos have focused on the weight of construction materials on the bridge for a resurfacing project at the time of the collapse.

Upon completion in 1967, the bridge was called “fracture critical,” which meant that a failure of any number of structural elements would bring down the entire bridge.

The NTSB said the bridge collapse was unavoidable once the plates failed. 

Pitman, Kyle & Sicula is a Wisconsin personal injury law firm handling cases through out the state.  Our personal injury lawyers have successfully represented injured people in almost every county. We know Wisconsin.

The Milwaukee Journal Senitinel is running a five-part series on alcohol and Wisconsin. The series highlights Wisconsin’s fondness for, and abuse of, alcohol.  The series does a commendable job of bringing alcohol abuse and the state’s lack of enforcement to the forefront.

Pitman, Kyle & Sicula has represented several individuals who have been victims of these circumstances.  In fact, the Milwaukee Journal Sentinel did a similar story on one of our clients who was recently injured by a habitual drunk driver in Waukesha, WI.  You can read that article here.

In Wisconsin, the law allows injured victims of drunk driving collisions to collect compensation for medical bills, pain and suffering, lost wages and incidentals along with punitive damages.  Punitive damages are meant, in part, to punish the drunk driver for his/her disregard of another’s rights.

Here are the links to the Journal Sentinel stories:

Sunday, October 18th - Drinking, a part of Wisconsin Culture

Monday, October 19th – Felony Drunk Drivers Avoid Prison

Tuesday, October 21st – Costs of Drunk Driving

Pitman, Kyle & Sicula is a Wisconsin personal injury law firm handling cases through out the state. Our personal injury lawyers have successfully represented injured people in almost every county. We know Wisconsin.

The period of time it takes to settle depends upon the nature of the accident and the extent of your injuries. We will attempt to settle your case after you have completed medical treatment, medical opinions are final and we know the extent of all of your damages. Once the claim is submitted to the insurance company for settlement, it usually takes the insurance company about thirty (30) days to contact us with its response.

If the insurance company denies liability or damages, a lawsuit may be necessary. Obviously, if a lawsuit is filed, it will extend the period of time before any resolution. You should remain patient and firm in your pursuit of full compensation for your damages. 

Nursing home abuse and neglect cases are a bit different.  Here’s a look at how we handle nursing home cases.

Pitman, Kyle & Sicula is a Wisconsin personal injury law firm handling cases through out the state. Our personal injury lawyers have successfully represented injured people in almost every county. We know Wisconsin.