$1.75 MILLION

Workplace Injury

$1.75 million settlement for N.T.'s injuries at a work site.

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Which job do you think has been called the most dangerous one in America? Mining? Logging? Construction? Turns out it’s working on cell phone towers.

Time Out for a Quick Lesson

Ninety percent of U.S. citizens own at least one cell phone. As landline telephones slowly go the way of television test patterns (four out of ten adults live in homes that have only wireless telephone access), cell phones become critical for worldwide communication. Smartphones up the ante by supplying internet connectivity as well.

But, do you know how your cell phone works? Briefly: Your phone communicates via radio frequency waves with the nearest tower’s antenna. Calls are usually handed off at least part of the way to ground wires or cables and then are switched back to wireless signal to reach the person you are calling. All of this happens in a tiny fraction of a second.

Now, back to the towers. Towers must be hundreds of feet high—some are in excess of a thousand feet high—for the antennas attached to them to receive signals from phones in the area. These antennas, and sometimes the towers themselves, like anything else, can have problems or simply need maintenance. That’s when a brave and hardy band of roughly 10,000 workers goes out to fix and maintain our country’s 300,000 cell phone sites.

Risks and Injuries to the Workers

The average fatality rate, from 2003 to 2010, for the construction industry, was roughly 11 deaths for every 100,000 workers. For the tower industry, it was over 11 times as high: approximately 124 deaths for every 100,000 workers.

Common risks for tower workers include:

  • Falls, often from great heights
  • Being struck by falling objects
  • Risks from using base-mounted drum hoists, and failure of such equipment
  • Electrocution
  • Weather hazards.

As you might expect, the biggest danger to tower workers are falls, and it is an injury most likely to cause fatalities.

There was a time when tower building wasn’t common, and a small band of well-trained workers constructed and maintained our needed radio and television towers. But when cell phones exploded in popularity, that all changed. Our need for cell phone bandwidth capacity continues to expand, meaning more towers and more risks to workers.

Tragedy for an Indiana Man

In July of 2014, an Indiana man working on a Verizon cell phone tower in Kentucky was killed when the rigging holding a new boom broke. The terrible accident, where the man’s body had to be left hanging in the air for hours, also traumatized the man’s coworkers, a crew that was working for a subcontractor.

Determining Responsibility When Things Go Wrong

The death of the Indiana cell tower worker illustrates one factor that may contribute to worker injury and death — the use of subcontractors. Tower workers are not usually direct employees of the companies that pay for the towers. In fact, there can be a chain of third-party contractors doing the risky work. The trend of companies’ outsourcing their riskiest jobs to subcontractors can make it hard for organizations like OSHA to find someone to hold accountable when injury or death occurs. It’s been shown that subcontract workers often face greater risks than regular employees.

Additionally, a 2012 report found that many incidents occurred because of a lack of training, a lack of sufficient rest, and inadequate safety equipment.

“Tower worker deaths cannot be the price we pay for increased wireless communication,” said Dr. David Michaels, assistant secretary of labor for occupational safety and health. “Employers and cell tower owners and operators must do everything possible to stop these senseless, preventable tragedies.”

Safety Standards

Shortly after the tragic incident mentioned above, OSHA updated its Communication Tower directive to address the used of hoist systems that move workers from place to place on communication towers. The improper usage of hoist systems, or faulty hoist systems, can be the cause of preventable deaths among tower workers.

As tower worker deaths, on the increase the past few years, continue to climb, more standards will need to be tightened to address these entirely avoidable fatalities.

real-life cases

“B.K.” was driving on a two-lane road one Sunday afternoon with his mother in the front seat and his brother and sister-in-law in the back seat when his life was forever changed. B.K. was struck head on by D.C.

D.C. had spent the day drinking with a friend and had stopped at a restaurant less than five miles from the point of the accident where D.C. had been served several drinks. D.C.’s blood alcohol level was more than twice the legal limit.

As a result of the terrible wreck, B.K. received devastating injuries, which included multiple broken bones, facial fractures, and loss of vision. B.K.’s mother, brother, and sister-in-law were all killed in the accident.

As one would anticipate, D.C. had virtually no insurance. Stephenson, through his thorough and detailed investigation, was able to prepare claims against the restaurant and those that provided the alcohol.

Stephenson pursued dram shop claims against those responsible CASE SUMMARY

D.H. was a competitive bicyclist who was riding in preparation for a cross-country fundraising ride. In the spring of 2010, D.H. was riding across an old steel-grated deck bridge in Shelby County when he hit a hole in the bridge and flipped over the handlebars of his bike. The impact to the bridge decking caused severe injuries to his face, teeth, tongue, and elbow.

Through the investigation, they were able to learn as early as 1998, the bridge inspection reports showed the bridge in question needed to be replaced. The county never authorized additional inspections. The county obtained $844,000 in funding for the replacement of the bridge in 2000, but the Historical Society and adjacent property owners wanted the bridge repaired rather than replaced.

This crash could have been avoided if the inspectors and county had done their jobs. CASE SUMMARY

Our client (“D.W.”) was a front-seat passenger in a vehicle that was struck by a UDF truck making deliveries. D.W. received broken arms and legs, as well as internal injuries. Stephenson was retained by D.W.’s personal counsel to prepare and try the case. Discovery determined that the UDF driver had multiple driving violations. Stephenson retained numerous experts to show the jury the devastating effects of the injuries. Before trial, the defendant’s company stated that a jury in a small southern county in Indiana would never return a verdict for $1 million in this case.

The defendant was correct; the verdict was twice that amount. CASE SUMMARY

When others breach their duty, we keep ours.

We understand that some kinds of work, such as tower work, don’t come with a risk-free guarantee. But the laws and regulations in place to protect a worker’s safety, and the safety of others, must be enforced.

With an assortment of third-party contractors working on site, your employer may not be the only one responsible for a workplace accident. We know how to find out who else may be liable. We know how to seek maximum compensation for you.

Call Mike Stephenson at 1-855-206-2555 or contact us for immediate help. At McNeely Stephenson, we believe justice matters.

Updates
Personal Injury Lawyer
August 13, 2018 / Product Injury, Wrongful Death
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