Boca Raton, Fla (PRWEB) November 14, 2012
A lawsuit has been filed on behalf of a client by Boca Raton personal injury attorney Robert C. Stone against Prologix Distribution Services-East LLC, a magazine and book distributor and recycler distribution center, under case number 12-40249CA31 in Dade County, Florida. In August 2010, the employee's arm became caught in moving machinery parts with disabled safety guards at the company's Doral, Florida, facility, resulting in his right arm being amputated to the elbow.
After its investigation of the accident, OSHA, Occupational Safety and Health Administration, cited Prologix for 14 safety violations after the worker's tragic accident. Prologix was specifically cited for 3 worker safety violations classified as willful.
“A willful violation is issued when an employer demonstrates either an intentional disregard of the law or plain indifference to the health and safety of its workers,” according to Mr. Stone. The machine allegedly continued to operate for 30-minutes while co-workers frantically attempted to shut it down.
"Employees should not have to risk their lives for a paycheck," said OSHA's Fort Lauderdale area director Darlene Fossum. "This amputation would not have occurred if the company had been following proper safety procedures and maintaining its equipment."
Stone echoes Fossum’s comments, alleging that the productivity of the company was given more importance than the safety of the employees.
The OSHA report emphasized that “…workplace safety should be a priority for all employers. Employees have the right to be protected from serious injuries during the course of employment. They should never have to risk their health and safety in order to make a living. Every worker has a right to expect that industrial equipment will be properly maintained, safety guards will be in place, and their employer will provide them with sufficient training. Unfortunately, many employees still suffer job-related injuries as a result of workplace accidents.”
In a follow-up inspection, OSHA cited Prologix for eight serious worker health violations focused on worker health concerns at the plant. The citations were classified as ‘serious.’ Among the employee health violations OSHA found were failure to maintain equipment in good working order, exposing employees to electrical hazards, exposing workers to explosion hazards from combustible paper dust in the ductwork, and storing propane indoors.
“A serious citation means that the employer knew or should have known there was a substantial probability that serious injuries or death could result from a hazard,” Mr. Stone added. “Collectively, these citations validate the basic tenants of our lawsuit, which we will pursue in an effort to secure compensation for our client whose future holds a lifetime of pain and an inability to find substantial employment.”
For details, e-mail rstone4173(at)aol(dot)com, visit http://www.rcstonelaw.com or call (888) 206-2022.