Injured Worker Files Lawsuit Alleging Confined Space Violations

Fitzsimmons Law Firm recently filed a lawsuit on behalf of a worker injured as a result of alleged confined space violations. The plaintiff was severely and permanently injured while working inside an asphalt silo when an approximate 1,000 pound piece of asphalt became dislodged from the interior wall of the silo and fall on him thereby crushing him. In his Complaint, the plaintiff asserted a deliberate intention cause of action against his employer pursuant to W.Va. Code §23-4-2(d)(2)(ii) and claims against his employer's parent corporation for negligence and failing to supply him with a reasonably safe place to work. Specifically, the plaintiff alleged that he was intentionally exposed to unsafe working conditions which presented a high degree of risk and strong probability of serious injury or death by, but not limited to: failing to furnish him with employment and a place of employment which was free from recognized hazards that were likely to cause death or serious physical injury; failing to properly train him; failing to conduct a Job Safety Analysis (JSA) prior to the commencement of the work being performed by the plaintiff on the date of the accident; failing to develop and implement proper cleaning and maintenance procedures for the silo; failing to ensure and require that non-entry methods were utilized to clean the silo; failing to evaluate the worksite to determine if the silo was a confined space; failing to classify the silo as a confined space and/or permit required confined space; failing to implement and develop confined space protocols and/or permitting for work being performed inside the silo; failing to develop and implement an emergency response and/or rescue plan; and failing to supply falling object protection for the plaintiff while working inside the silo.

In the Complaint, the plaintiff further alleged that he incurred the following damages, injuries, and losses as a direct result of the defendants' wrongful and negligent conduct: severe and permanently disabling personal and psychological injuries; medical bills and future medical bills, lost wages and benefits; lost future earnings, wages, capacity and benefits; lost household services; physical pain and suffering; mental anguish; permanent physical impairment and disfigurement; loss of capacity to enjoy life and engage in normal activities; annoyance, inconvenience, humiliation, embarrassment and aggravation. The complaint also contains a loss of consortium claim on behalf of the plaintiff's spouse.

The case is currently pending in the Circuit Court of Marshall County, West Virginia. A trial date has not yet been set.

Fitzsimmons Law Firm is a plaintiff's personal injury litigation firm headquartered in Wheeling, West Virginia. whose trial lawyers have been representing and standing up for workers injured on the job for over 35 years.


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