For more than 15 years, the Frank Jenkins Law Office has helped workers across Kentucky obtain the workers' compensation benefits they need and deserve. Dealing with insurance companies, medical records, doctors, defense lawyers and the Department of Workers' Claims can be complex, time-consuming and frustrating — but you don't have to do it on your own! We can provide the legal skills and experience necessary to aggressively fight for your rights.
A preventable fatal construction accident at the University of Kentucky has prompted work safety investigators to cite Messer Construction Company and a subcontractor, Joseph W. Bates Construction, for serious violations of work safety laws.
The state investigation found that a 24-year-old North Carolina worker was fatally injured while working at a construction site at UK on Feb. 19 when a piece of plywood blew off the roof of Haggin Hall on Huguelet Drive on a windy day. The piece of plywood fell 60 feet, striking the worker in the head. Although Ramos was wearing a hardhat at the time of the accident, the blow caused a fatal traumatic brain injury.
As a result of the state’s Office of Occupational Safety and Health investigation, both Messer Construction and Bates Construction were cited for not conducting an adequate hazard assessment of the work and weather conditions, classified as a “serious” penalty, according to a news report. The citation states that workers were unprotected from the force of the wind and the hazard of falling objects as a consequence of a failure to do a thorough hazard assessment.
Investigators proposed a penalty of $6,300 for Messer Construction and a penalty of $4,900 for Bates Construction. A spokesperson for Messer Construction indicated that they would meet informally with state officials before deciding whether or not to appeal the citation and accompanying penalty.
Messer Construction is working for Memphis-based Education Realty Trust as part of a public-private partnership to build new dormitories on UK’s campus.
Fatal Workplace Accidents in Kentucky
The University of Kentucky fatal workplace accident illustrates how easily a workplace fatality can occur. Year after year the construction industry ranks second, following the transportation industry, in fatal workplace accidents according to the Bureau of Labor Statistics, or BLS. Workplace injuries caused by being struck by an object rank among the Fatal Four injuries accounting for more than half of all fatal construction industry accidents, according to the Occupational Safety and Health Administration.
No amount of money is worth losing a loved one to a workplace accident. However, if you are a surviving family member of someone who was killed in a Kentucky workplace accident you should be aware of the benefits available to you through the Kentucky workers’ compensation system. When a worker is killed in a workplace accident, the workers’ compensation system pays a lump sum death benefit to the employee’s estate. The amount is adjusted each year for inflation.
In addition, it may be possible to file a wrongful death lawsuit for damages if a third party’s negligence caused or contributed to the accident. Although the workers’ compensation laws prevent filing suit against a worker’s direct employer except in rare situations, a worker (or the worker’s surviving family members) may file suit against a third party.
Third-party liability is especially common in construction site workplace accidents because there are frequently several companies working at the site at the same time, increasing the likelihood that a third party’s negligence was responsible for an accident.
If you have lost a loved one to a Kentucky workplace accident, contact an experienced Kentucky workers’ compensation attorney right away to discuss your legal options.