Experienced Mississippi BP Oil Spill Attorney Discusses Recent BP Oil Spill Settlement Distribution

The Mississippi legislature ended a special session last month by agreeing to distribute $750 million of BP Oil Spill settlement money.  Because so many of my clients here in Mississippi were affected by the Spill and continue to live with its aftermath, I wanted to go over the terms of this decision and its effects. I have linked to a detailed article explaining this legislative agreement at the end of this blog post if you are interested in delving deeper into this issue.

Were you affected by the BP Deepwater Horizon oil spill? Did you participate in the cleanup effort or come into contact with dispersants? Did you rent out your boat to those participating in the cleanup effort? Any of those activities may entitle you to a portion of settlement funds. If you think you are entitled to some of the BP Deepwater Horizon settlement, having experienced counsel help you attain your fair share is critical. Barrett Law has expertise in Gulf oil spill litigation and has the experience to help you through this process.  Contact us now at (601) 790-1505.

The Special Session

The Mississippi Legislature adjourned on August 25 with the House’s approval of a bill that distributes $750 million in instalments across the state over the next 15 years. The bill was not unanimous in either the House or Senate, with the sticking point being how much money coastal communities will receive.  Coastal communities have already received $1 billion from the Settlement, so representatives from the non-coastal communities argued that coastal communities should receive less out of this $750 million distribution.  That minority sentiment failed to gain traction and did not prevent the approval of the bill.

The 75 per cent of future BP settlement payments will go to a Gulf Coast Restoration Fund — for projects in the six southernmost counties — and the remaining 25 per cent to a State BP Settlement Fund, for projects statewide. The Mississippi Development Authority will administer the Gulf Coast Restoration Fund, with a seven-member advisory board approving applications for projects.

Mississippi received its first settlement payment of $150 million from BP in 2016 and has spent that down to about $97 million. For the next 15 years, through 2033, Mississippi will receive instalments of $40 million a year. The entire Gulf Coast region of Mississippi will receive 75% of that amount or $30 million of the $40 million each of those years. The remaining $10 million will be disbursed to municipalities and counties around the state.

Obviously, the pressing question is whether this $750 million distribution will actually go to the folks in Mississippi who continue to live with the spill’s ongoing effects. My clients have severe and lingering health effects. Their homes and livelihoods were altered forever.  While Mississippi will receive a tremendous amount of reparation money in the ensuing years, our grandchildren will be right to judge us if it is not spent with prudence and wisdom.

What Should You Do If You Were Injured or Harmed By the 2010 BP Oil Spill?

If you were harmed as a result of the 2010 BP Deepwater Horizon Oil Spill or its cleanup, you might be due compensation for your losses. You may have heard that it is too late to file a claim or that there is no longer a way to attain compensation for your damages. The only way to understand your options is to hire an attorney with extensive experience in getting BP Deepwater Horizon Oil Spill claims paid.

Call Barrett Law now, an experienced Mississippi BP Oil Spill law firm, to represent you if you were harmed as a result of the spill.

Barrett Law has the experience to take on oil spill defense attorneys that are focused on denying your compensation for the harm you experienced.  Contact us now at (601) 790-1505.

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Experienced Mississippi Whistleblower Lawyer Explains: Whistleblowing on the Mortgage Lenders

The financial crisis of 2008 was caused in large part by “too big to fail” banks recklessly offering subprime mortgage loans.  Subprime means that the people who were taking the loans were unlikely to be able to pay them back. Large tranches, or groups, of these loans were bundled and sold to banks across the country as investments; unfortunately, we now know that they were horrible investments with a high likelihood of mass default. The banks made these risky loans without fear because there was actually very little risk for them, as the Federal Housing Administration (FHA) operated a program insuring these mortgage-backed securities in case they failed. As a result, the U.S. government took the brunt of the financial damage for the banks’ recklessness, but as more information came to light, it became increasingly clear that the banks had not followed government standards regarding how mortgage loans were made.

As you likely know from other blog posts I have posted, if you knowingly sell the government a product that does not meet government specifications—whether it is a missile or mortgage-backed security—you are violating the False Claims Act, a 150-year-old law written to prevent war profiteering. Attorneys for whistleblowers and the U.S. Department of Justice have used the False Claims Act to pursue cases against banks and mortgage-bundling institutions for misrepresenting the toxic loans that the U.S. government eventually insured.

These fiscal crisis cases result in billion-dollar settlements and whistleblowers can receive 15% to 30% of any recovery the government makes after prosecuting their case. The rich bounty program and robust legal prohibitions against retaliation are aimed at enticing employees with insider financial information regarding fraud to take the risk of reporting it to the government. There have been several massive settlements against mortgage originators in the last few years:

Deloitte & Touche LLP settled a case this year for $149.5 million for failing to adhere to proper auditing standard and failing to detect fraud in its audits of a mortgage bundling bank.

Branch Banking & Trust Company paid $83 million in its settlement with the Department of Justice to settle a claim that continued to market loans to the FHA after it knew that they were of a lower quality than they had advised the government.

JPMorgan Chase paid $614 million for originating and underwriting non-compliant mortgage loans that were submitted to the federal government for insurance coverage.

Wells Fargo paid $1.2 billion for knowingly certifying mortgage loans for FHA insurance that did not meet the insurance specifications required by the federal government.

Cases like these highlight the need for those who work inside the finance, banking, and mortgage loan industry to step forward and report corporate efforts to defraud the U.S. government. These banks victimized the people of the United States, and only the bravery of whistleblowers can make financial remediation possible.

What Should You Do if You are Considering a Whistleblower Claim?

Do you know about fraud occurring against the government? Are you considering filing a whistleblower case?  The reward for submitting a successful claim can be massive. But you will only receive this sort of reward with the help of an experienced False Claims Act attorney. The United States Department of Justice receives thousands of potential whistleblower claims each year, and only those that are reported in a way that triggers their interest are investigated.  Whistleblowers who notice that a company is failing to comply with relevant contract terms while certifying loans with the Government can contact Barrett Law now at (601) 790-1505.

Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful qui tam case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.

 

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Experienced Mississippi Whistleblower Lawyer Discusses Chilling Memo Released by the Department of Justice

As I have explained before, the False Claims Act is quite an old law that Abraham Lincoln signed into law to prevent war profiteers from supplying the Army with faulty goods during the Civil War. In the time since, the False Claims Act has served the United States well, preventing fraud by incentivizing whistleblower claims. It is because of this success that I found a recently released memorandum from the U.S. Department of Justice so perplexing. I will go into detail about the memorandum’s contents below, but I was most troubled by its characterization of whistleblower claims as “frivolous” and “parasitic” actions aimed at generating money for whistleblowers. The whistleblowers I have represented are patriots and heroes trying to help their country, so I hope there is significant pushback against the Trump administration’s characterization otherwise.

Uncovering fraud against the government is a patriotic act. Whistleblowers receive 15% to 30% of any recovery the government makes after prosecuting their case, and government contracts often run into the tens of millions of dollars, often making the whistleblowers’ rewards quite significant. The rich bounty program and robust legal prohibitions against retaliation are aimed at enticing employees with insider information regarding fraud to take the risk of reporting it to the government.

Are you aware of fraud against the U.S. government? Are you considering filing a whistleblower case? Call Barrett Law now at (601) 790-1505 if you think you may be a whistleblower.

The Department of Justice’s January Memorandum

The Department of Justice’s January 10, 2018 memorandum indicates that Justice attorneys should consider dismissing “meritless” and “parasitic” cases filed by whistleblowers under the False Claims Act (FCA). This sentiment enunciates a significant change in course regarding FCA claims, and I worry that it could have a chilling effect on the number of whistleblowers willing to risk their careers and report fraud and abuse under the FCA.

According to the Department of Justice, they recovered $3.7 billion in FCA cases in 2017. Almost all of that money—$3.4 billion— resulted from whistleblower cases. That is a tremendous recovery for the government, and I would think the Department of Justice would want to encourage that sort of reduction in fraud.

Instead, the Department of Justice’s memorandum provides its attorneys with seven reasons for dismissing FCA cases they are working on. These reasons include: the claim is based on “frivolous” allegations or unsound legal theory; duplicative cases; the case interferes with a federal agency’s policies or programs; to protect the Department of Justice’s litigation priorities; to safeguard classified information; or if the claim frustrates the government’s investigation.

Although the Department of Justice’ memorandum describes important considerations, an attorney should make when deciding whether to dismiss an FCA case, the overall message concerns me. When the Department of Justice rejects valid FCA cases, it has a chilling effect on False Claim Act whistleblowers. Ultimately, only corporations defrauding the federal government benefit from that change.

What Should You Do if You are Considering a Whistleblower Claim?

Do you know about fraud occurring against the government? Are you considering filing a whistleblower case? While the language in the Department of Justice memorandum I discussed above comes across as chilling, I can assure you that a well-written, legally sound whistleblower claim will still be taken seriously by the federal government. If you have knowledge of fraud against the government, the reward for submitting a successful claim can be massive. But you will only receive this sort of compensation with the help of an experienced False Claims Act attorney. The United States Department of Justice gets thousands of potential whistleblower claims each year, and only those that are reported in a way that triggers their interest are investigated.  Call Barrett Law now at (601) 790-1505 if you think you may be a whistleblower.

Experienced Mississippi Whistleblower Lawyer Barrett can provide you with the advice you will need to file a successful False Claims Act case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.

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Experienced Mississippi Personal Injury Attorney Explains the Risks of Forceps Deliveries

When a mother enters a Mississippi hospital to give birth to a child, she and the father always hope to leave with a happy, healthy child. Unfortunately, the process of giving birth can have complications that result in harm to the child. For many years, physicians’ use of forceps—long, metal tongs used to extract a child from the birth canal—was routine in hospitals. Now it is known that forceps deliveries can result in serious, preventable injuries to the child.  If your child was injured during a forceps delivery, you may be able to recover compensation to pay for any resulting costs associated with the injury.

If you or your child sustained an injury as a result of a forceps delivery, you must find experienced counsel to help you attain your fair share of compensation for his or her injuries. Barrett Law has the experience to help if you or your child was injured, and has experience helping families in similar circumstances here in Mississippi.  Contact us now at (601) 790-1505.

What is a Forceps Delivery and Why is it a Problem?

Physicians do a forceps delivery when the mother is having a difficult labor.  “Difficult” can mean different things, but generally means pushing without progress or a situation where the baby’s heartbeat indicates that he or she is in some form of distress. In a forceps delivery, the doctor clamps down on your baby’s head using forceps to remove him or her from the birth canal.  Sometimes this procedure is a success and there are no ensuing injuries; however, in some cases forceps deliveries cause harm to the mother, the baby, or both.
Forceps deliveries can injure the mother’s bladder or urethra.  It can also cause uterine rupture, lower genital tract tears and weakening of the muscles supporting your pelvic region, among related risks. For the infant, forceps deliveries can cause facial injuries including eye trauma, skull fractures, or bleeding in the skull, among other possible injuries.

What is the Legal Standard for Negligence in a Forceps Delivery?

It is important to note that sometimes a forceps delivery is necessary and appropriate. Moreover, in those instances where the technique was necessary and appropriate, sometimes injuries result.  You do not have a viable personal injury claim just because you or your child was injured. Instead, you must prove that the doctor was negligent and that that negligence caused your or your child’s injuries.  In this context, negligence means that the doctor failed to meet the standard of care for the procedure and that failure caused your injuries.

What Should You Do If You or a Loved One Has Been Injured in a Scaffolding Accident?

If you or your child were injured in a forceps delivery, you might have a viable personal injury claim for any injuries or health problems that have subsequently developed.  Specifically, you may be due compensation for any time you have been out of work, the costs of your treatment and rehabilitation, your pain and suffering, and other damages. Your child may be due compensation for any injuries and/or suffering he or she has had to endure. Let experienced personal injury counsel take care of organizing your bills, attaining medical analysis from respected expert witnesses, and dealing with the hospital and physician’s attorneys. These are just a few of the critical, complex tasks that a personal injury attorney will handle for you while you concentrate on healing, getting back on your feet again, and caring for your child.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you or your child was injured as a result of a forceps delivery. Contact us now at (601) 790-1505.

 

 

 

 

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Experienced Mississippi Personal Injury Attorney Explains Landowner or Premises Liability

One of the most common types of personal injury cases here in Mississippi is a “premises liability” case, or a case against a landowner for negligently maintaining his or her property. This can represent a tremendous diversity of incidents, from a grocery store slip-and-fall to a deck collapsing on an apartment building.  The magnitude of the negligence really does not matter; property owners have an obligation to protect their visitors and tenants from injury by removing or mitigating unsafe situations.  If the property owner or landlord fails to act reasonably in the construction or maintenance of their property and a tenant or visitor is injured as a result of that failure, they may be held responsible for the injuries, pain and suffering and other damages suffered by an injured party.  Those other damages can include medical bills and lost wages as well as the damages suffered by the spouse and other family members of the injured party who are negatively impacted by the incident.

If you have sustained an injury in as a result of an unsafe property, you need experienced counsel to help you attain your fair share of compensation for your loss of income and injury. Barrett Law has the experience to help you if you have been injured.  Contact us now at (601) 790-1505.

Types of Premises Cases

There are a wide variety of accidents that may result in liability for a landowner. A common type of accident involves injuries related to the use of inadequate or faulty building materials, such as in the case of the collapsing deck I mentioned earlier. A similar type of accident can arise from adequate building materials that deteriorated over time due to a lack of maintenance. Another type of liability arises clutter or garbage causes a visitor to the land or a renter to trip and fall.  Another common type of accident is a slip and fall involving moisture in the form of a wet spot on the floor or ice on a walkway.

How a Premises Liability Case Works

Most people can easily imagine getting injured due to slipping and falling on ice, so it is a useful example to work through.  Imagine you were injured due to slipping and falling on ice on a third party’s property. You may have a claim against the owner of the property if they failed to reasonably remove the ice or warn visitors of its existence.

There are limits to what can be construed as negligence, obviously. If you slip on ice in the middle of a rapidly developing ice storm in Miami, you will likely have a hard time proving that the owner acted unreasonably if a reasonable shop owner in Miami would have not been prepared to deal with it. Similarly, if you slip on an icy sidewalk in Alaska in the winter, you may have a hard time proving that that you were not reasonably on notice that you should expect treacherous conditions.  Basically, the standard is one of “reasonableness” meaning that that landowner does not have to take superhuman steps to eradicate all risk, but must take reasonable steps to eliminate or reduce dangers that he or she knows or should know about.
If you have injuries as a result of a dangerous premises, you must prove that the unsafe condition actually caused your injury.  For example, if you have had a hip injury for ten years, you are unlikely to be compensated for that hip if you fell on it yesterday.  While you may be able to claim that your preexisting injury was worsened by the premises in question, you will have a much more challenging case than if you have an injury that was clearly caused by the dangerous condition.  In addition, you must also demonstrate that you were not more responsible for their injuries than the property owner or party in control of a property.  This often comes into play when alcohol, drugs, or cell phones are involved.  If you fall and are injured on a patch of ice, the landowner may claim that a reasonable person would not have fallen and that your fall was due to your intoxication or due to looking down at your phone.

What Should You Do If You or a Loved One Has Been Injured on Another’s Premises?

If you were injured by a dangerous premises, you may have a personal injury claim for any time you have been out of work, the costs of your treatment and rehabilitation, your pain and suffering, and other damages.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered an injury due to a dangerous premises. Contact us now at (601) 790-1505.

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Experienced Mississippi Personal Injury Attorney Discusses the Variety of Ways of Recovering for a Workplace Injury

There are an endless variety of workplaces here in Mississippi and, sadly, each one has its own unique way of hurting employees. Because workplace injuries are common whether one works on a fishing boat or in a cubicle, or in any other type of workplace, all employers must carry worker’s compensation insurance. While worker’s compensation insurance is a decent safety net if you suffer a minor workplace injury, it is important to remember that employees have several potential options for attaining compensation they are due for pain and suffering, loss of consortium, and other losses not covered by worker’s compensation. Some accidents will result in personal injury lawsuits, while others may entitle workers to benefits under Social Security Disability. I am frequently asked about the pros and cons of various methods of attaining compensation for a work-related injury and created the following blog post to outline my general thoughts on each one.

If you have sustained an injury in as a result of working on scaffolding, you must find experienced counsel to help you attain your fair share of compensation for your loss of income and injury. Barrett Law has the experience to help you if you have been injured.  Contact us now at (601) 790-1505.

Workers’ compensation – Workers’ compensation is a form of no-fault insurance most employers are required to carry by law. No-fault means that the the worker does not have to prove whose fault caused the injury; in fact, worker’s compensation applies even when the employee caused his or her own injury. Workers’ compensation provides benefits such as paid medical treatment, extra wages, and vocational rehabilitation to employees who suffer job related injuries.  Although benefits are usually readily available, employees must meet certain deadlines for notifying their employers of injuries. If these deadlines are not met, the employer an deny the claim. As a result, having experienced workers’ compensation counsel help you thorugh the process can be a major advantage.

Third party personal injury lawsuits – Most employees cannot sue their employer civilly for work related injuries, but they may have options to pursue compensation outside of the workers’ compensation system. This is often true where a third party’s negligent act injured the employee while he or she was working.

Imagine a delivery driver arrives at your workplace intoxicated.  He is not employed by your employer, but is at your workplace in the course of his employment.  Because he is intoxicated, he is careless and runs over your foot while making a delivery. While worker’s compensation may help you receive compensation for the time you missed work, you could also sue the delivery driver and his employer for your injuries.

Third party personal injury claims are common when worksites have multiple employers’ workers present, especially relating to auto accidents, construction accidents, and accidents caused by negligent landowners. While these cases require a finding of negligence against the third party, meaning your injury was caused by a third party who knew or should have known of a risk and ignored it,  they can offer much broader compensation options than a traditional worker’s compensation claim.

Social Security Disability (SSD) – When a work-related injury is so severe that it results in long-term limitations or disabilities preventing employees from working temporarily or permanently, a Social Security Disability benefits case may be the best path forward. SSD benefits are a critical lifeline for employees who cannot work due to injuries; however, the vast majority of initial SSD applications are denied. To successfully attain SSD benefits on your first attempt, you will need the help of an experienced attorney.

Product liability lawsuits – Like third party lawsuits, product liability lawsuits are aimed at someone or, here, something hurting you in the workplace.  Given the vast number of tools, furniture, and appliances that the average worker comes into contact with on a daily basis, there are many product liability lawsuits filed each year by injured workers. To prove a product was liable for your injury, you will need to show that it was negligently designed, negligently manufactured, or was negligently marketed for the use that caused the harm.  This sort of case requires the help of skilled personal injury counsel, which is another area that I specialize in.

What Should You Do If You or a Loved One Has Been Injured in at Work?

If you or a loved one was injured in a workplace accident, you may have a worker’s compensation,  personal injury, product liability, or Social Security Disability claim for any time you have been out of work, the costs of your treatment and rehabilitation, your pain and suffering, and other damages. This is my area of expertise.  Let me take care of organizing your bills, attaining statements from expert witnesses, and dealing with your employer’s attorneys. These are just a few of the critical, complex tasks that a personal injury attorney will handle for you while you concentrate on healing and getting back on your feet again.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered an injury due in the workplace. Contact us now at (601) 790-1505.

 

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Experienced Mississippi Whistleblower Lawyer Explains: Japanese Manufacturer to Pay $66 Million in False Claims Act Case

As I have explained before, the False Claims Act is quite an old law. It was signed into law by Abraham Lincoln to prevent war profiteers from supplying the Army with faulty goods during the Civil War. As the saying goes, “the more things change, the more they stay the same.” In March, a Japanese manufacturer, Toyobo, was fined $66 million for supplying federal, state, and local law enforcement agencies with bulletproof vests that degrade in heat and humidity. The degradation was so significant that the vests were rendered useless after prolonged use.

The U.S. Department of Justice announced the settlement, and particularly called attention to the whistleblower who brought the case to the government’s attention:

The settlement announced today resolves allegations filed in two lawsuits, one brought by the United States and the other filed by Aaron Westrick, Ph.D., a law enforcement officer formerly employed by Second Chance who is now a Criminal Justice professor at Lake Superior University. Dr Westrick’s lawsuit was filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private individuals to sue on behalf of the government for false claims and to share in any recovery. The Act also allows the government to intervene and take over the action, as it did in 2005 in Dr Westrick’s case. Dr Westrick will receive $5,775,000.

Dr Westrick is a true hero. A former law enforcement officer who had himself been shot in the chest, Dr Westrick eventually became Director for Research and Marketing at Second Chance Body Armor, a bulletproof vest manufacturer. When he tested the materials that Toyobo was supplying to Second Chance Body Armor, he found that the materials they provided had degraded to the point that they were ineffective at stopping bullets. Tragically, at least one police officer died while wearing a Second Chance Body Armor vest. Dr Westrick complained about the quality and unsafe nature of Toyobo’s materials but was ignored. He did not give up, however, and litigation ensued, including a False Claims Act case.

Whistleblowers often receive 15% to 30% of any recovery the government makes after prosecuting their case, and government contracts often run into the tens of millions of dollars, often making the whistleblowers’ rewards quite significant. Here, it is unknown why Dr. Westrick settled for “only” $5.7 million, but that amount is still significant. The False Claims Act’s rich bounty program and robust legal prohibitions against retaliation are aimed at enticing employees with insider information regarding fraud to take the risk of reporting it to the government.

What Should You Do if You are Considering a Whistleblower Claim?

Are you aware of fraud being committed against the government? Are you considering filing a whistleblower case?  The reward for submitting a successful claim can be massive. In the matter that I described above, the whistleblower will receive $5.7 million.  You can only win this sort of reward with the help of an experienced False Claims Act attorney. The United States Department of Justice receives thousands of potential whistleblower claims each year, and only those that are reported in a way that triggers their interest are investigated.  Call Barrett Law now at (601) 790-1505 if you think you may have a successful whistleblower.

Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful False Claims Act case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.

 

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Experienced Mississippi Personal Injury Attorney Loose Cargo Trucking Accidents

If you drive Mississippi’s roads, you likely see a tremendous number of trucks carrying cargo.  You will see tractor trailers with carefully strapped down loads and other trucks with their cargo unsecured and blowing out of the back of the truck behind them. I’ve even seen two men moving a mattress by holding it to the roof the car with just their arms out the window. With loose cargo comes accidents, some of them deadly.

If you or a loved one were injured as a result of loose cargo, you must find experienced counsel to help you attain your fair share of compensation for your loss of income and injury. Barrett Law has the experience to help you if you have been injured.  Contact us now at (601) 790-1505.

The Complexity of Loose Cargo Accidents

A 2015 federal study estimated that as many as 400 deaths across the United States are the result of unsecured loads – not only from commercial trucks, but smaller pick-up trucks and other passenger vehicles as well. The most common type of accident is caused by a truck carrying a load that is insufficiently attached to the truck’s bed.  While the attachment may be sufficient when the truck is at rest or moving straight down a highway, it may be insufficient to deal with the extreme physics involved when the truck stops short or swerves quickly. Cargo that comes loose can hit trailing vehicles, often doing extreme damage.

Another type of accident occurs when cargo becomes loose and enters the road, causing other cars to swerve or otherwise rapidly change their lanes. An accident ensues from the rapid movement of the other cars.  While this sort of accident may not involve the cargo actually impacting with other motorists, the high speed collision with other cars can be just as harmful.

One problem with loose cargo accidents, and a primary reason that you will need an experienced personal injury lawyer if you are involved in one, is that it is rarely clear who is liable for the accident. You may be thinking, “the truck hauling the runaway cargo is liable, aren’t they?” That is a reasonable guess, but it is rarely that straightforward. Imagine an accident where a bulldozer breaks the chains holding it to the bed of tractor trailer and falls onto the roadway.  The car in front of you swerves, pushing you off the road into a steep ditch.  Your car rolls over and you have, thankfully, only soft tissue injuries to your neck—whiplash.  Your car is destroyed, you are out of work for two weeks, and you need to be compensated.

In that example, the trucking company likely hires an independent contractor to drive their truck.  They hire a third-party contractor to load the bulldozer onto the tractor trailer.  All of those parties will blame the other motorist for swerving and causing your accident, and everyone will say that the State caused your neck injury by making the ditch alongside the highway too steep. The State likely used a third-party contractor to dig the ditch, however, so this blame cycle just goes on and on.

The point of that story is that loose cargo accidents are never straightforward and require the expert help of an experienced personal injury lawyer to prevent all of the parties involved in causing your injury from shirking their responsibility.

What Should You Do If You or a Loved One Has Been Injured in a Scaffolding Accident?

If you or a family member were injured in a loose cargo trucking accident, you might have a viable personal injury claim for the time you have been out of work, the costs of your treatment and rehabilitation, your pain and suffering, and other damages. Let experienced counsel take care of organizing your bills, attaining statements from expert witnesses, and dealing with the other parties’ attorneys. These are just a few of the critical, complex tasks that a personal injury attorney will handle for you while you concentrate on healing and getting back on your feet again.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered an injury due to a scaffolding accident. Contact us now at (601) 790-1505.

 

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Experienced Mississippi Personal Injury Attorney Explains Scaffolding Injuries

With all of the construction occurring here in Mississippi, I increasingly see buildings wrapped in scaffolding.  Scaffolding is one of the cheapest and easiest tools construction workers can use to access elevated projects. While I increasingly see workers using restraints and other safety tools, I also know that working on scaffolding is incredibly dangerous work that all too frequently results in injuries.

If you have sustained an injury in as a result of working on scaffolding, you must find experienced counsel to help you attain your fair share of compensation for your loss of income and injury. Barrett Law has the experience to help you if you have been injured.  Contact us now at (601) 790-1505.

Scaffolding Safety Information

According to the Occupational Safety and Health Administration (OSHA), 65% of the 2.3 million construction workers in the United States work on scaffolding. More than 4,500 injuries and some 60 deaths occur annually from scaffolding accidents. This costs businesses almost $100 million in lost wages and compensation.

Why is Scaffolding Dangerous?

Nearly all scaffolding accidents are preventable. Scaffolding is simply a platform elevated above the ground, located in close proximity to a building under construction, painting, or maintenance.  Scaffolding is temporary and often moves as the work progresses.  This mobility comes with a balancing of risks—the more movable the scaffolding, often the less stable it is. Similarly, scaffolding is often moved from worksite to worksite without proper maintenance or repairs; as a result, it becomes worn and unsafe over time. Finally, employers often do not provide employees with adequate training or safety gear; a lack of training, inadequate safety gear, and extreme heights can combine to cause severe injuries and death.

Types of Scaffolding

There are three primary types of scaffolding used in the construction industry:

Supported—this is the most common type of construction scaffolding.  It is made of platforms, usually made of wooden boards, suspended within a frame of poles, pipes, or heavy beams.  Some scaffolding is attached to the building being worked on, while other types are freestanding or even have wheels.

Suspended—this type of structure is less common and involves ropes or wires supporting a platform from above.  This type of scaffolding is commonly used by window washers, bridge workers, and other workers who need to access extremely high buildings that are inaccessible through traditional ground-based supported scaffolding.

Machine—Scissor lifts, cherry pickers, and “man lifts” are frequently used for short-term projects like changing high lightbulbs or quickly accessing elevated areas of a building for a repair.

Overview of Scaffolding Safety

The employer must conduct regular safety checks of all scaffolding. If the scaffolding is unstable, it must be inspected. If the employer moves the scaffolding to a different location or job site, the process must be repeated.

Every single worker that uses the scaffolding at all must be trained in proper scaffolding use. For example, employees must be informed that spills must be cleaned up immediately. On scaffolding, even spilled water can be hazardous, as any wet surface or debris can result in a fall.

Each scaffold’s load limit should be marked so employees can quickly determine how much is allowed on the structure, and scaffolding should never be overloaded. Employees must be trained so that they understand what load limits mean and how they apply to scaffolding.

After a construction project’s conclusion, rigging, platforms, and other structural elements must be inspected for damage or loose parts. Scaffolding should be cleaned and repaired after each job.

If you have been injured in a scaffolding accident, one or more of these issues may have resulted in your injury.  If your employer did not appropriately supervise, outfit, and maintain your worksite, you may be due significant compensation for your injuries.

What Should You Do If You or a Loved One Has Been Injured in a Scaffolding Accident?

If you were injured in a scaffolding accident, you might have a viable personal injury claim for any time you have been out of work, the costs of your treatment and rehabilitation, your pain and suffering, and other damages. Let experienced counsel take care of organizing your bills, attaining statements from expert witnesses, and dealing with the other parties’ attorneys. These are just a few of the critical, complex tasks that a personal injury attorney will handle for you while you concentrate on healing and getting back on your feet again.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered an injury due to a scaffolding accident. Contact us now at (601) 790-1505.

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