We won a wrongful death case which involved a temporary worker killed when a steel coil rolled over and crushed him. The case defendant–Bloomingdale, Illinois based FIC America Corporation (“FIC”)–directed Donnell Dennis to move a 5,800 pound steel coil using a crane. The steel coil disconnected from the crane and rolled on Dennis, crushing him to his death.
When we wrote about injuries that happen on property, included was a section about the rights of temporary employees. This discussion is particularly relevant in cases involving wrongful death of temporary workers. The issue of temporary worker rights is highlighted in the Carter, et al. v. FIC America Corporation case, which illustrates the point.
Dennis was, at the time, working temporarily for FIC and untrained to use a crane. Dennis was hired by a temporary staffing agency when he was injured. He was on assignment for the temporary agency at FIC at the time of his untimely death. Because Dennis was not FIC’s employee, his injuries fell outside the worker’s compensation scheme, which is critical in wrongful death cases. The case resolved in a confidential settlement.
Our investigation disclosed Dennis was never trained to use a crane.
We filed a wrongful death lawsuit and began our investigation. Documents produced in the case confirmed reports that Dennis was never trained to use a crane. Rather, documents disclosed that Dennis was hired to handle accounting tasks at FIC. Yet he was directed to use the crane to lift a 5,000 pound steel coil. .
OSHA found FIC in serious violation of safety standards
Our investigation also disclosed FIC committed “serious” safety violations according to the Operational Safety and Health Administration (“OSHA”). Corroborating our findings, OSHA found Dennis was untrained to use the crane. OSHA penalized and cited FIC following its investigation.
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