January 22, 2013

Trucker Dead After Tragic Workplace Accident

by Levin & Perconti

The Occupational Safety and Health Administration, or OSHA, is investigating a Bensenville workplace accident death after a trucking company employee was pinned between his truck and a post in Bensenville, the Chicago Tribune reports. The 57-year-old truck driver from Worth, Illinois was pronounced dead in the evening hours of January 8th. The medical examiners ruled his death an accident and stated that he died of multiple injuries after he was pinned between the door of his truck and a metal post. More specifically, it is alleged that the victim was performing a safety inspection of his truck prior to heading out for a day when he was somehow pinned between the open door of his cab and a post located in the loading area.

Due to the unexpected nature of the death, OSHA has launched an investigation into the company to ensure that all proper safety regulations were followed at the time of the accident and to determine what caused the accident. According to the OSHA website, the Occupational Safety and Health Administration is a federal agency charged with the responsibility of assuring healthy and safe working conditions for the entire United States workforce by setting and enforcing standards and by providing training on safety, and outreach and education programs for both employers and employees alike.

Under the Occupational Safety and Health Act of 1970, which is the piece of legislation that created OSHA the organization, workers have the right to work in a safe environment. All workers are entitled to working conditions that do not post a risk of serious harm to them. When employers fail to provide a safe workplace for its employees, lawsuits filed under the Act help to hold those employers accountable for their negligence. Aside from the vague description of a safe workplace, OSHA provides employees the right to ask OSHA to perform an inspection of their workplace, to use their rights under the law without fear of discrimination or retaliation by their employers, to receive information and training about safety hazards, to obtain copies of inspection reports or other tests done by OSHA regarding workplace safety, to review records of work-related injuries and illnesses, and to obtain copies of their medical records.

OSHA covers all private sector workers, state and local government workers and federal government workers. The only persons not covered by the Act are self-employed individuals, immediate family members of farm employers that do not employ other employees outside of the family, and any workplace hazard that is regulated by a different federal agency. These other agencies include the Mine Safety and Health Administration, the Federal Aviation Administration and the Coast Guard. OSHA was enacted to protect workers from any unsafe conditions in the workplace, and our workplace accident injury attorneys have successfully used this landmark piece of legislation to obtain many verdicts and settlements on behalf of our clients.