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| In the event of an accident requiring time off from work or resulting in serious injury a complete and thorough accident investigation is a must. typically, companies fail to gather accurate records, witness statements and acquire evidence properly. When this happens, information that may be necessary for your attorneys to use for a defense in civil or OSHA litigation may be lost, gone or no existent. Your attorney may then be faced with attempting to achieve a settlement rather than properly defend you. Accidents may often have more than a single cause. Several seemingly non related events may contribute to the actual cause of the accident. One or more of these causes may be outside of your company's control and would seriously limit liability. It would also indicate a need for revising policy. EXAMPLE #1: An employee at a strip mat manufacturing property was seriously injured and later died as a result of injuries sustained when a press he was cleaning closed on his head and upper body. The accident investigation identified that the employee had been properly trained in shock & block safety procedures but failed to use them. It was also discovered that the employee was under the influence of a strong prescription drug that seriously effected judgment. After considering all of the factors, the multi-million dollar wrongful death suit was withdrawn and an equitable settlement was reached. This then allowed the company to improve it's requirement for employee's to report use of such medications.
EXAMPLE #2: A construction employee working at the Marion, Ohio hospital renovation was struck in the back by a 16" construction block that fell from a height of 30'. The block was accidentally slid off of a scaffolding that was erected without a toe rail. Since this involved a general and multiple sub contractors, the liability issues became clouded. the general had erected the scaffolding and documented it properly however the masonry contractor removed the mid and toe rails to facilitate easier materials handling. the injured employee (plumbing) had not been properly trained in working under or near overhead construction. The GC was released from liability and the masonry and plumbing contractor shared liability 60 / 40 . Had a proper accident investigation not been performed, the general and masonry contractor would have been the liable parties. Key Benefits
Cost: Accident investigations are billed at a rate of $ 125 per day plus expenses. Expenses include travel at $. 30 / mile; lodging; access or usury fee's; photographic costs and other costs that may be determined to be essential to the investigation. |
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