Rail Worker Dies Because Company Continued To Cut Corners And Ignore Safety Rules

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthy workplaces for their employees. Failing to do so can result in serious or deadly consequences. Additionally, failure to ensure compliance with, or simply ignoring, OSHA regulations can result in hefty monetary fines, as well as possible criminal prosecution.

Federal investigators recently concluded that routine safety precautions may have saved the life of a worker at the Port of New Orleans Rail Yard who suffocated inside of a chemical tank on October 8, 2015. Three men on a cleaning team were working inside the tank when they became deprived of oxygen. One worker managed to escape and call for help. When firefighters arrived, the other two men were pulled from the tanker; one was semi- conscious and responded to oxygen, the other was unresponsive and without a pulse. All three workers were taken to the hospital where the unresponsive man later died. He left behind six children.

The Occupational Safety and Health Administration (OSHA) found Dedicated Tank Cleaning Services (TCS) failed to test the air quality inside the tanker before the three employees entered the tank, and failed to mandate that the workers attach a lifeline to their harnesses to allow a rescue. This is the fourth time OSHA has found Dedicated TCS in violation of federal safety standards. In April 2012, the agency issued eight serious violations at the company's location in Channahon, IL. In May 2012, inspectors found nine serious and two willful violations at its Lansing, IL location. Another Channahon investigation in July 2014, resulted in four serious and seven repeat violations. The prior violations resulted in penalties exceeding $221,000.

In the latest incident, Dedicated TCS faces $226,310 in fines for two willful, three repeat and four serious violations. “Willful violations can lead to criminal charges. The company has 15 business days from receipt of its citations to comply, request an informal conference with OSHA’s area director, or contest the citations and penalties before the independent Occupational Safety and Health Review Commission.

In addition to the fines and a potential criminal lawsuit, Dedicated TCS could face civil lawsuits as well. Such cases often take years to settle. The tragedy alone often has a financial impact on victims especially when the family's principal means of support is gone. Strategic lawsuit financing can remove financial pressure to settle early and cheap so that victims receive the compensation they deserve.

Lawsuit funding is based solely on the merits of the case; credit rating or job status does not matter. The application process is simple and if approved, the lawsuit cash advance can be available within 24 - 48 hours. After a plaintiff’s application has been approved, lawsuit funding dollars are sent quickly and expeditiously either by wire or by check. When the plaintiff receives that money, they immediately pay off their medical bills, funeral expenses, or any other costs associated with the accident and/or deal with their usual regular financial obligations. Because it is a non-recourse cash advance, if the plaintiff loses the case, repayment is completely excused.

If you are in a pending personal injury or wrongful death lawsuit and need financial assistance, lawsuit funding might be a good fit for you. Contact Lawsuit Financial! We will evaluate the prospects for case success and potential case value and fund an amount that comfortably fits within that value.