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A worker suffered a California personal injury in a construction accident the morning of October 5, 2009 after falling into a trench as he worked in Disneyland, The Orange County Register reports. The man, who was not identified, was a construction subcontractor who was working on a trench that was about 5-feet deep when he fell in. Anaheim firefighters and trench rescue teams responded. The man was conscious, but complained on back pain and was taken away on a back board. He was later transported to an area hospital. The extent of his back injuries is not known although a Disneyland spokeswoman said they "appeared to be minor."
It is indeed fortunate that this man was not catastrophically injured in this accident. I hope his back injuries were not severe and wish this injured worker the very best for a speedy and complete recovery. It is also fortunate that the trench did not collapse as the worker fell in. Trench collapses can be extremely dangerous because the victim could get asphyxiated when the dirt buries them. Please keep this injured worker in your prayers.
California Trench Accident Statistics
According to Cal/OSHA's statistics, over a five-year period between 2001 and 2005, 26 Californians have been killed in trench accidents and 207 Californians have been injured in these entirely preventable construction accidents.
The big question here is how this California job injury occurred. The state of California spells out very specific regulations when it comes to trenches. Every time a worker enters an excavation 5 feet or deeper, companies must get a permit from the California Department of Occupational Safety and Health (DOSH). This California agency requires employers to conduct daily inspections of the trench and have proper safety systems in place including the nature of the soil at the work site. The state safety standards also require a competent foreperson to be physically present at the site to ensure adherence to the safety standards.
Liability in Workplace Accidents
In this particular case, it is not known how or why the worker fell in. Was he at fault or was it someone else's negligence that caused the injury accident? Were there any large vehicles parked too close to the excavation that may have caused the trench to become unstable? These are some of the questions that need to be asked here. The worker will likely be entitled to California workers compensation benefits. But he may also have a "third party claim," which in such cases is filed against a company or an individual (other than the victim's employer) that was negligent and caused or contributed to the injury. Workers and their families may be compensated for medical expenses, lost earnings and other related damages by a third party claim. Job injury victims would be well-advised to consult with a reputed Orange County personal injury lawyer who has routinely and successfully handled third party claims.
The BISNAR|CHASE personal injury law firm is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well.



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