The mother of a monorail driver at Disney World who died last July in a crash, has filed a wrongful death lawsuit against the theme park. The woman says that Disney did not follow its own monorail-safety procedures and that is what killed her 21-year-old son. Her son was in the front of a monorail, moving the car in reverse through track switches that were supposed to move it eventually onto the system’s maintenance bay. But another monorail was backing up over a track switch at the same time and the track switch was never realigned. The train went into reverse and into the resort’s Epcot line and into the young man’s vehicle.
His mother contends it would be safer to have twin controls in the rear cab giving the operator a clear view when he backs up.
While no litigation can bring back her son, it is pointing out some safety violations of the theme park, perhaps preventing it from happening to someone else. Her lawyer says that Disney’s own policy of having drivers stay in the front cab during a track switch is in violation of the parks own training manual that calls for drivers to switch cockpits. The driver of the trail that hit the 21-year-old worker stayed in the front cab of his train during the track switch. To switch cabins involves powering down the front cab and powering up the rear cab which takes several minutes and if passengers are present can slow the unloading process.
OSHA has cited Disney for one “serious” safety violation – Disney failed to use spotters to keep an eye on the back end of any train that is reversing.
Changes have been made. After the wrongful death accident, Disney required monorail operators to switch cockpits before transferring off the Epcot loop, and now an operator cannot move a train without the use of spotters. Our condolences go out to his mother and other family members for their loss, which it appears was a preventable accident that safety guidelines were written to prevent.
Florida workers’ compensation attorneys Farah & Farah, P.A., are pleased to announce the creation of Florida-WorkersComp.com—a free online resource dedicated to news that matters to workers who have been injured while on the job.
Workers’ compensation is meant to help workers who are unable to make a living due to injuries suffered at work. Unfortunately, the system often works against employees and favors the big insurance companies and employers who try to dodge their legal responsibilities. In this environment, people hurt on the job may feel alone. Florida-WorkersComp.com will remind those injured on the job that they are not alone in their fight for justice. Other hardworking people have fought for their rights and won.
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By Eddie Farah on October 25, 2008 -
The Florida Supreme Court ruled this week that a lawyer representing an injured worker is entitled to “reasonable” fees.
Ever since a controversial 2003 reform of the state’s workers’ compensation law, lawyer’s fees have been capped. That means most lawyers understandably shy away from workers’ comp cases. We at Farah and Farah do not.
The state Supreme Court ruled 5-0 in the case of Emma Murray vs. Mariner Health Care.
Murray, a nurse in her late 50s, was injured hoisting a patient in a nursing home. Her employer’s insurance carrier denied her claim. They said her condition was pre-existing.
Murray didn’t get rich here. Her Port Charlotte lawyer won $3,244 in back wages and medical costs and Mariner Health had to pay her court costs which amounted to $648 for 80 hours of work. That is about $8 an hour. Read the rest »
By Eddie Farah on June 18, 2008 -
Last December 19th, a chemical plant on the Northside of Jacksonville exploded killing four people inside and leveling the facility.
The ground shook and that brought out every area haz-mat team in response to the “hellish inferno” which sent pieces of the plant as far as a quarter mile away. Smoke and flames could be seen for miles.
The Occupational Safety and Health Administration or OSHA, has issued its findings on the T2 Laboratory inferno and also announced the federal violations, citations and penalties that will be issued.
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