Philadelphia Injury Lawyer Blog

A late afternoon explosion at a zinc smelting plant in Monaca, Pennsylvania last week killed two workers and sent a third worker to the hospital with serious personal injuries. The Pennsylvania construction accident at Horseheads Inc. was the latest and most serious in a long list of safety incidents at the plant. According U.S. Occupational Safety and Health Administration (OSHA) records, the agency issued 44 citations to the plant for alleged safety violations, 27 of them classified as "serious." Safety violations included missing guardrails, use of an unapproved safety platform, lack of protection barriers, and failure to properly track worker exposure to the toxic metals lead and cadmium. In 2006, another Horseheads worker suffered severe leg burns when he stepped into an uncovered pit of molten zinc. That construction accident cost the Pennsylvania company $186.750 in federal fines.

Every year, thousands of U.S. workers are killed or seriously injured in accidents at construction sites and industrial plants. Many personal injury accidents occur when OSHA safety regulations are ignored. Poor supervision, lack of communication, poor worker training, and use of defective machinery or tools also contribute to the number of personal injury accidents in Pennsylvania and across the nation.

When construction or industrial accidents occur, accident victims and their families are entitled to recover damages for hospital and medical expenses, lost earnings, permanent disability, emotional distress, destruction of property, physical pain and suffering, loss of enjoyment of life and, should an accident victim die, loss of the love and companionship of their family member. Due to the complexity of construction and industrial accidents, victims and their families generally require the knowledge and assistance of an experienced Philadelphia personal injury attorney with proven expertise in handling construction accident cases.

As a Personal Injury Law Firm in Philadelphia, the Pearce Law Firm has handled numerous motorcycle accidents in Philadelphia and throughout Pennsylvania. A Pennsylvania motorcyclist was killed this week when he swerved to avoid another motorcycle accident on Route 181 in Sparta. Sixty-year-old Charles Whipple of Canadensis was riding with other bikers when the motorcyclist in front of him lost control, skidded across the roadway and crashed into the curb. While maneuvering to avoid his fallen comrade, the brakes on Whipple's motorcycle locked, sending him crashing into a stopped car. Whipple was pronounced dead after arrival at the hospital. The driver of the car and her passenger were unhurt. Police cited the motorcyclist who caused the initial accident with driving while intoxicated, reckless driving, failure to keep right and failure to wear a safety helmet.

When Pennsylvania repealed its motorcycle helmet law in 2003, motorcycle deaths rose in the Philadelphia area and across the state. According to the National Highway Traffic Safety Administration, fatal head injuries incurred by helmetless motorcycle riders increased 66%; and serious head injuries requiring hospitalization, by 78%. Head injuries account for the majority of all motorcycle accident injuries and fatalities nationwide. Injuries to other parts of the body account for just 28% of motorcycle accident hospitalizations and 25% of motorcycle deaths.

Another factor driving up motorcycle injuries and fatalities is the growing number of motorcycle riders over the age of 40. Spurred by retiring Baby Boomers, motorcycle registrations have increased by more than 100% over the past 10 years. Unfortunately, older bodies don't bounce back as quickly as younger ones. People over 40 who are in a motorcycle accident suffer more serious injuries, require lengthier hospital stays and longer recovery times, and are more likely to die, even from less serious injuries, than their younger counterparts. When an accident results in death due to someone else's negligence, a wrongful death action can be brought by the survivors and beneficiaries.

If you suffer serious personal injuries in a motorcycle accident, consult an experienced Philadelphia personal injury attorney for a free case evaluation.

In a horrific motor vehicle accident early this morning, six people died and more than 34 were injured, at least four critically, when a Greyhound bus collided with two other vehicles on a California Highway 99 near Fresno. California highway patrol officers reported that the bus appeared to have struck an overturned SUV that was sitting in the highway's fast lane, then crashed into a second vehicle before running down an embankment and smashing into a large tree. The severe personal injury traffic accident occurred at about 2:15 a.m. local time. Police are investigating.

Just last week, one adult and two children suffered personal injuries when a school bus hit a car and crashed into a building in the Andorra section of Philadelphia. And in May, another Philadelphia bus accident sent 14 people to the hospital with serious personal injuries. In that Port Richmond accident, a bus driver for Del Val Staffing lost control of a bus carrying 22 people while exiting I-95 at Allegheny/Castor Avenue, The bus hit a light pole then flipped over several times before coming to a halt in the middle of East Westmoreland Street. Twenty-one people were injured, 14 seriously enough to require hospital treatment. One bus passenger who suffered a severe blow and cut to his head during the Philadelphia bus accident was listed in critical condition.

Unlike cars and trucks, seatbelt laws do not apply to buses. Despite sometimes tragic personal injury accidents like the ones noted above, very few buses even offer passengers the option to buckle up. Due to their open, boxy construction, buses do little to protect their passengers when accidents occur. The result can be serious personal injury and death. Experienced Philadelphia personal injury attorneys can help accident victims navigate the complexities of bus accident claims and protect their rights.

According to Philadelphia personal injury attorney, Edith Pearce, despite advances in safety in automobiles and trucks, truck accidents continue to be a problem on Philadelphia and Pennsylvania roadways causing serious and sometimes fatal injuries. A Pennsylvania couple from Finleyville was killed Sunday while driving through Utah. Russell and Emelda Welsh, both in their 60s, died at the scene when a tractor-trailer driver lost control of his rig in a construction zone on I-15 near Pintura, Utah. Reportedly traveling at a high speed, the truck driver swerved into oncoming traffic lanes, crashing into the Welsh's Kia SUV head-on. Just two hours earlier, a Utah woman had been critically injured at the same construction zone. In that accident, the woman lost control of her vehicle after hitting a bump in the road and crashed into nearby construction equipment, injuring construction workers. A sign saying "Bump ahead" was posted immediately ahead of where both vehicles lost control. Utah police are investigating.

According to the National Institute for Occupational Safety and Health (NIOSH), highway work zone accidents killed 1,149 roadway workers in 2009, representing 9% of all deaths in the construction industries. Between 1995 and 2002, the latest figures available, 44 workers were killed at Pennsylvania road construction sites. And those figures do not include the thousands of motorists and truckers who die or are seriously injured every year in motor vehicle accidents that occur in roadway construction zones.

The increase in construction zone accidents has caused Pennsylvania and most other states to double traffic fines in construction zones as a deterrent to speeding and unsafe driving practices. Despite such precautions, the proximity of speeding cars to construction vehicles and workers creates the potential for dangerous accidents. Uneven road beds, poorly graded berm lanes, confusing markings, unmarked hazards and the distraction of construction activity can catch drivers unawares, resulting in tragedy as it did for a Pennsylvania couple in Utah this week.

Experienced Philadelphia personal injury attorneys can assist both injured construction workers and motorists who are involved in serious personal injury accidents in Pennsylvania construction zones.

Yesterday's powerful explosion of a U.S. Steel coke-oven in Clairton, Pennsylvania near Pittsburgh seriously injured 20 workers, sending regional emergency crews rushing to the chaotic scene. Most of the injured workers suffered painful burns but at least 3 of the workers sustained severe, potentially life-altering injuries. The two most severely injured workers sustained serious chemical burns to their heads, necks, faces and airways. A spokesperson for West Penn Hospital in Pittsburgh where the men are being treated said the inhalation injuries put these men at critical risk.

Another worker was hospitalized at West Penn with serious burns over his head, neck, face and hands and an ankle fracture. Five additional workers are being treated for serious burn injuries at another hospital.

The accident occurred about 9:30 a.m. yesterday when a full shift of workers was at their posts. About 1,500 people work at the plant. The explosion at U.S. Steel's Clairton Coke Works plunged the plant into darkness, sending debris flying through the air. The force of the explosion bent steel beams and crumbled thick block walls. The resulting fire raged into the afternoon. Bob Full, Allegheny County emergency services chief told the Associated Press, "It's a miracle that anybody even walked away from that."

Investigators from U.S. Steel and the federal Occupational Safety and Health Administration (OSHA) are investigating the cause of the explosion. Early eyewitness testimony points to a possible problem with the oven's gas supply oven. This isn't the first personal injury accident at the Clairton works. A maintenance worker was killed in a September 2009 explosion at the plant.

Manufacturing plants have a duty to protect the health and safety of their employees. When serious personal injury construction accidents or death occur on the job, plant owners may be liable for medical expenses and damages to the victim and his family. An expert Philadelphia personal injury attorney can review your case and advise you of your rights.

Credit discrimination is the new elephant in the room. Workers already struggling to stay afloat in the difficult economy can find their jobs in jeopardy if they have a poor credit history, particularly if they hold a sensitive job or one involving money management or money handling. Debt and bad credit are causing 39 Defense Department workers across the country to lose their jobs at the end of July. While a government spokesperson denied that bad credit is the only factor in the firings, terminated employees charge that credit and debt problems loom large in the department's decision to let them go. However, according to Philadelphia Employment Lawyer Edith Pearce, this discrimination may not be actionable or illegal in Pennsylvania and other states.

Government agencies whose employees handle sensitive documents say debt and poor credit issues place workers at greater risk of temptation. The concern, of course, is that workers will sell sensitive data as a way to end financial woes. While the potential threat to national security may drive the practice in government settings, the concern is not limited to government agencies. The finances of those who hold business positions that involve financial management, bank positions, even retail cashiers are under increased scrutiny. With foreclosures and bankruptcies on the rise, there is concern that employees will be tempted to embezzle funds from employers to make up personal shortfalls.

It's made for a suspicious work environment that has many crying foul. Consumer advocates complain that workers who most need their jobs to get out from under credit problems are finding their jobs threatened because of their poor credit histories. It's a vicious cycle from which some workers see little hope of escape.

However, discrimination based upon poor credit may not be illegal or actionable. State and federal laws generally only prohibit employers from discriminating against persons (employees and potential employees) on the basis of race, age, color, sex/gender, national origin, disability, religion, and pregnancy. In certain states and cities, including New Jersey and Philadelphia, sexual orientation is also included. Generally, unless you have been discriminated against due to one of the above reasons, you may not be able to bring a lawsuit. Pennsylvania and most states are "at will employment" states. Thus, the employer can hire and fire for many reasons, unless that reason is due to one of the protected areas of the law (e.g., race, age, color, sex/gender, national origin, disability, and religion).

If you feel you have been discriminated against on the job and need legal advice to determine if you have protection under the law, a Philadelphia personal injury and employment attorney with expertise in employment discrimination can review your case and explain your rights.

Two young tourists from Hungary remain missing after a popular Philadelphia tour boat was struck by a barge yesterday sending 37 people plunging into the murky Delaware River. Several people were transported to Philadelphia hospitals with personal injuries.

The Philadelphia boat accident occurred along the busy waterfront near Penn's Landing in front of scores of horrified onlookers. Local boaters, bystanders, policemen, firefighters, Coast Guard and a visiting Navy SEAL team rushed to the rescue as the DUCK boat rolled under the barge and sank. All but two of the passengers were rescued. Teams searched for the two until dark yesterday and continued the search this morning. Divers located the DUCK boat in 50 feet of water but visibility was too poor to determine whether the missing passengers were aboard the sunken craft.

One of Philadelphia's most popular tourist attractions, DUCK boats are based on amphibious WWII boats capable of land and sea travel. The boat involved in the accident suffered mechanical trouble and a small fire shortly after entering the water with a full load of sightseers. The 2-man crew had radioed for help and passengers were awaiting rescue when the huge barge bore down them. Passengers said they had less than 45 seconds to secure lifejackets and abandon ship before the barge hit.

Owned by the city of Philadelphia, the barge hauls sludge to a Water Department recycling plant. The powerless, driverless barge was directed by a tugboat owned by K-Sea Transportation Partners of New Jersey. Initial investigations indicate that the tugboat crew was unaware of the DUCK boat in its path.

Philadelphia personal injury accidents like this that involve multiple responsible parties present a complex legal challenge requiring the expert knowledge of an experienced Philadelphia personal injury attorney.

Tragedy struck a hometown 4th of July celebration when 11 people suffered personal injuries in a fireworks accident in Palmyra, Pennsylvania, northeast of Harrisburg. Palmyra residents had gathered for an evening fireworks display to celebrate our nation's Independence Day and the borough's 250th anniversary. Shortly after being lit, one of the fireworks misfired and exploded, peppering the watching crowd with burning chemicals. Eleven people suffered personal injuries and had to be treated at the hospital. Two people, including a child, remain hospitalized with more serious burn injuries.

The gun powder and flammable chemicals used to create the stunning pyrotechnic displays we love to watch on the 4th of July make fireworks extremely hazardous to both workers and bystanders. Every year numerous people, often fireworks workers, suffer serious burn injuries during municipal Independence Day fireworks displays. Most fireworks injuries, however, are associated with home fireworks. In 2009, burns and explosions from fireworks sent 9,000 Americans to the emergency room and killed two people, according to the U.S. Consumer Product Safety Commission.

Fireworks distributors say national standards have resulted in safer fireworks; however, Philadelphia medical professionals and Philadelphia fire marshals every year warn residents about the potential risk of serious personal injury inherent in using consumer fireworks. Most fireworks accidents to children involve firecrackers and bottle rockets; but sparklers, which many Philadelphia parents consider benign, cause one-third of the eye injuries suffered by children under the age of 5, according to Prevent Blindness America. Sparklers burn at 2,000 degrees; hot enough to melt gold.

Fireworks injuries can result in permanent disfiguration, traumatic amputation of digits or hands and debilitating loss of use injuries. When traumatic injuries occur, Philadelphia personal injury attorneys can advise victims of their rights and aggressively pursue the compensation you are entitled to.

Former Melrose Place actress Amy Locane-Bovenizer was charged this week in a drunken driving motor vehicle accident that killed a New Jersey woman. The 39-year-old former star rammed her car into the side of a car driven by Fred Seeman, 60, as he was pulling into the driveway of his Princeton, New Jersey home. Seeman's wife, noted art historian Helene Seeman, died at the scene from catastrophic injuries. Seeman was airlifted to the hospital for treatment of incapacitating personal injuries. Just minutes before the accident, Locane-Bovenizer had rear-ended another vehicle.

The actress admitted to police investigators that she had drunk several glasses of wine that evening. Police charged Locane-Bovenizer with vehicular homicide and second- and third-degree assault by auto. If convicted, the mother of two could spend 5 to 10 years in state prison.

The tragic car accident that occurred in New Jersey this week earned national headlines due to the celebrity of the driver involved. But Philadelphia personal injury attorneys point out that it is a scenario played out on the streets of Philadelphia every day. Every 45 minutes someone in America dies at the hands of an alcohol-impaired driver. Last year, drunk drivers killed nearly 12,000 people in the U.S., according to the Centers for Disease Control and Prevention (CDC). A third of all U.S. traffic deaths are caused by drunk drivers. In Pennsylvania, drunk drivers killed nearly 600 people in 2008, accounting for 39% of all traffic-related fatalities.

As we move into the holiday weekend, Philadelphia personal injury attorneys remind Philadelphia revelers to stay safe and designate a driver. If you suffer serious personal injuries in a car accident, consult an experienced Philadelphia personal injury attorney for a free case evaluation.

Cincinnati Bengals receiver Chris Henry's family was shocked when West Virginia University researchers announced that a tissue analysis of the 26-year-old's brain indicated he suffered from chronic traumatic encephalopathy, a serious brain disease. Henry died last winter after suffering severe brain trauma and multiple head injuries when jumping from a pickup truck. Researchers speculate that his condition may have contributed to the severity of the injuries Henry suffered and his subsequent death.

Henry's family and coaches were unaware of Henry's brain condition. Brain injuries are common in football players who suffer multiple concussions, but Henry had never been diagnosed with a concussion during his playing career. Neurosurgeon Julian Bailes, co-director of the WVU Brain Injury Research Institute, a former team physician for the Pittsburg Steelers, and lead researcher in the WVU study, said researches believe chronic traumatic encephalopathy results from multiple head impacts whether or not concussion occurs. Direct impact with another football player or the ground is not necessary to cause brain injury. The quick spurts and sudden stops typical of the game can also cause brain damage. "The brain floats freely in your skull. If you're moving very quickly and suddenly stop, the brain bounces," California medical examiner and WVU researcher Bennet Omaki explained on Philly.com.

The implications of Henry's death and brain injury research findings are a cause of concern to Philadelphia parents whose children play on high school and college football teams. The toll football takes on the brain has long been suspected. Retired NFL football players suffer a higher than average incidence of Alzheimer's disease and memory problems. However, Henry's tragic death at such a young age emphasizes the potential risk of serious brain injury.

Traumatic brain injury can have life-altering consequences. A Philadelphia personal injury attorney can provide the legal advice you need and work aggressively to protect your rights and obtain fair compensation for your injury.

A 3-year-old Philadelphia boy died yesterday from severe burn injuries suffered in a tragic home fire that sent four other family members to area hospitals with smoke inhalation damage and serious burn injuries. Nicholas Budzilo was trapped with his 5-year-old older brother in an upstairs bedroom when fire raced through their Port Richmond home. Their grandfather and pregnant mother were able to escape the burning home with 1-year-old toddler Jacob. Both the mother and grandfather made repeated attempts to reenter the house and rescue the older boys but were repelled by the blaze.

When Philadelphia firefighters arrived on the scene they were able to rescue the boys, but the injuries sustained by Nicholas' small body were too great and he died early yesterday morning. His brothers remain in stable condition at St. Christopher's Hospital for Children; his mother and grandfather, also in stable condition, at Temple University Hospital.

The fire which left the home gutted and uninhabitable is under investigation. Neighbors said it appeared that the blaze might have started in a second story bedroom, and one man speculated that a room air conditioner may have overheated in Philadelphia's record-setting heat.

Loss from fire is traumatic. This Philadelphia family lost a son and their home. The four surviving family members face a long, painful, expensive recovery. Burn injuries are the most painful of traumatic personal injuries, requiring a slow, painful rehabilitation that often involves multiple surgeries and skin grafts. Recovery can take months, even years. Even after recovery, nerve damage can cause lifelong pain, loss of function and disfiguring scarring that cannot be repaired.

Expert legal advice from a Philadelphia personal injury attorney experienced with burn injury claims is critical in recovering damages for medical and hospital bills, ongoing health care, future surgeries, pain and suffering, counseling, loss of income and other issues burn victims and their families will have to deal with for years to come.

In a victory for Philadelphia breast cancer patients, the U.S. Supreme Court upheld a $2.75 million jury award to an Arkansas woman who claimed hormone replacement drugs caused her breast cancer. Donna Scroggin was diagnosed with breast cancer after taking hormone replacement drugs widely-prescribed to ease menopause symptoms. On Scroggin's behalf, personal injury product liability attorneys sued drug makers Wyeth Pharmaceuticals and Upjohn Co., both now subsidiaries of Pfzier Inc., claiming that hormone replacement drugs they manufactured were responsible for Scroggin's breast cancer.

The jury agreed, awarding Scroggin $2.75 million in compensatory damages and $27 million in punitive damages. On appeal, the punitive damage award was struck down by a federal judge who ordered a partial retrial solely to address punitive damages. In a victory for Philadelphia cancer victims, the Supreme Court upheld the decision to limit the partial retrial to punitive damages, rejecting the drug company's argument that the retrial should review all aspects of the cause, including the court's finding that hormone replacement drugs contributed to Scroggin's cancer.

After taking hormone replacement drugs for 15 years, Scroggin eventually lost both breasts to mastectomy after the discovery of cancerous lumps. More than 6 million women in Philadelphia and across the U.S. have been prescribed hormone replacement drugs to relieve menopause symptoms that can include night sweats, hot flashes and mood swings. Prescribed for decades, hormone replacement therapy was standard medical treatment for menopausal symptoms until 2002 when researchers discovered a 26% higher incidence of cancer among women taking the drugs. Scroggin's successful product liability suit sets the stage for more than 8,000 personal injury lawsuits related to menopause drugs that have been filed against drug maker Wyeth to date.

Philadelphia women who develop cancer after taking hormone replacement drugs are urged to consult a knowledgeable Philadelphia product liability attorney about their rights.