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Three Ohio Business Owners Owe State $800,000 for Operating Without Workers’ Compensation Coverage

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bill-oxford-udXD2NrbXS8-unsplash-300x200Three Ohio businessmen reportedly owe the state more than $800,000 after it was discovered they were running their companies without workers’ compensation insurance coverage.

William H. Foster III, who owns American Construction Group LTD, pleaded guilty on February 11 to a misdemeanor count of obstructing official business after failing to comply with the state’s Bureau of Workers Compensation (BWC). He was ordered to follow the payment plan he made with the BWC to reinstate his policy. He reportedly owes BWC over $360,000 in past premiums and fines.

In a separate case, Miklos Fioretto and Paul Collier Jr. pleaded guilty on January 17 and February 5, respectively, to one count of workers’ compensation fraud for failing to maintain coverage for their company.

Investigators learned the pair renamed their company to avoid paying past premiums and penalties associated with the business. The two men were sentenced to three years of community service and are required to pay the BWC $458,125 in restitution as a condition of probation.

“These business owners learned the hard way they cannot operate their business without workers’ compensation coverage, and now they owe us hundreds of thousands of dollars,” BWC Administrator Stephanie McCloud said in a statement to the press. “I’m pleased our investigators stopped these employers from continuing to break the law and cheat our system.”

Workers’ compensation fraud charges against business owners aren’t uncommon. Earlier this month, the New York State Inspector General Letizia Tagliafierro announced the arraignments of two contractors for failing to acquire workers’ compensation insurance coverage.

Robert A. Lutz and Segundo Loja were arraigned in Saratoga Springs on February 6. Loja, who owns NY Power Construction Corporation, is accused of submitting a fake certificate of insurance that his business had obtained general liability and workers’ comp coverage as required by state law. Investigators learned that Loja’s company didn’t have coverage. He was charged with failure to secure compensation, falsifying business records, and fraudulent practices.

Lutz, who owns Robert’s Roofing & Remodeling, was charged after investigators discovered he had lied about having no employees in July last year when he submitted a permit application for a roofing job in Saratoga Springs. Several witnesses purportedly saw three employees working on the project, sources indicate. As a result of that discovery, Lutz was charged with failure to secure compensation, offering a false instrument for filing, and fraudulent practices.

Tagliafierro said in a prepared statement that business owners who disregard state law requiring workers’ compensation coverage put their workers at “severe financial risk,” and that coverage provides workers with critical protections in the event of an injury or death.

Both Ohio and New York require companies to obtain workers’ compensation coverage. Failure to do can result in fines and jail time.

South Florida Workers’ Compensation Fraud Attorney

Accused of workers’ compensation fraud? Contact Brian Silber, P.A. for a free initial consultation with one of South Florida’s most experienced workers’ compensation fraud defense attorneys.

Source: 2.21.20 Ohio business owners owe more than $800K after fraud-related convictions.pdf

Sen. Sanders, Rep. Omar Call on OSHA to Publish Amazon’s Warehouse Injury Records

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boxes-cases-container-1267329-300x200Sen. Bernie Sanders (I-Vt.) and Rep. Ilhan Omar (D-Minn.) are calling on the Occupational Safety and Health Administration (OSHA) to release injury records for all Amazon fulfillment centers.

Sanders and Omar sent a letter to OSHA last week requesting the federal agency provide Amazon’s injury records for the last three years, saying finding the information “should be quick and easy” because of an OSHA rule that requires businesses to digitally submit data of workplace injuries and illnesses to the agency.

Amazon’s injury records aren’t publicly available, but an investigative report by Reveal that compiled individual records from current and former workers found that in 2018, the overall rate of serious injuries at over two dozen Amazon facilities was more than double the industry average.

According to the data sample published in Reveal’s report, the Amazon warehouse with the highest injury rates was in Troutdale, Oregon, which had opened in August 2018. The facility, which was to bring 1,500 jobs to the town, quickly gained a reputation for injuring workers at an alarming rate, with nearly 26 serious injuries reported for every 100 full-time employees. In 2018, the national average for warehouse injuries was 9.6 serious injuries per 100 employees.

Sanders and Omar had called on OSHA to investigate Amazon’s working conditions earlier this year, but according to the letter they sent on December 19, the agency hadn’t committed to investigating or enforcing violations at Amazon.

OSHA had reportedly inspected the Troutdale warehouse twice in 2018, but records show it issued no citations or fines. The agency has launched a new inspection of the warehouse, in part because of Reveal’s report, sources indicate.

“According to Amazon’s own records, the risk of work injuries at fulfillment centers is alarmingly, unacceptably high,” said David Michaels, former head of OSHA, told the press. “Amazon needs to take a hard look at the facilities where so many workers are being hurt and either redesign the work processes, replace the top managers or both because serious injury rates this high should not be acceptable to any employer.”

Amazon officials declined to comment on Sanders’ and Omar’s letter, but they have previously told the press that the company’s high injury rates were due to its diligent reporting.

“It’s inaccurate to say that Amazon fulfillment centers are unsafe and efforts to paint our workplace as such based solely on a snapshot of injury recordings is misleading given the size of our workforce,” an Amazon spokesperson said. “Ensuring the safety of associates in our building is our number one priority and we invest heavily in safety.”

Employees injured on the job are entitled to benefits that cover lost wages and medical expenses under state workers’ compensation programs. It is crucial for injured workers to seek the guidance of an experienced attorney who can outline their options and help them obtain their full benefits.

South Florida Workers’ Compensation Attorney

If you or your loved one was injured due to a workplace accident, you should hire an attorney. Contact Brian Silber, P.A. for a free initial consultation with one of South Florida’s most experienced workers’ compensation defense attorneys.

Source: 12.23.19 federal lawmakers call on OSHA to release Amazon’s injury records.pdf

Worker Suffers Serious Injuries after Machinery Falls on Him in Orange County, FL

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boxes-cases-container-1267329-300x200Authorities in Orlando, FL, have confirmed that a 40-year-old worker suffered serious injuries on Monday after a piece of machinery fell on him.

According to the Orange County Fire Rescue, the incident occurred at approximately 10 a.m. November 4 at a warehouse at the 6400 block of Pinecastle Boulevard, south of Orlando.

The worker, whose name has not been released, was attempting to move a tensile strength tester using a forklift when it toppled over and fell on top of him. His co-workers were able to free him before fire rescue workers arrived at the scene. He sustained serious chest injuries and was taken to Orlando Regional Medical Center for treatment. His condition is unknown.

No more information has been released. As this was a workplace incident, it is likely that the Occupational Safety and Health Administration (OSHA) will conduct an investigation.

Another case of a worker being injured on the job was reported in Jacksonville last week. A construction worker was critically injured after being electrocuted by a high power transmission line on October 25 in East Arlington at the intersection of North Kernan Boulevard and Running River Road.

According to police, the worker was an employee of James D. Hinson Electrical Contracting Company, which was hired by the Jacksonville Transportation Authority (JTA) to install traffic lights along Kernan Boulevard.

The man was in a boom truck that came into contact with an electric current, which electrocuted him. His co-workers tried to resuscitate him until rescue workers arrived and took over. He was taken to an area hospital with life-threatening injuries, and his condition is listed as critical.

OSHA and Jacksonville police are both investigating the incident. JTA released a statement saying its main concern was the “health and well-being” of the injured worker. The agency is fully cooperating with authorities in the investigation.

JEA—the city’s water, electric, and sewer utility—told news sources that it didn’t receive a request from the subcontractor to power down the transmission lines while the traffic lights were being installed.

Workplace injuries can occur in any industry. According to the Bureau of Labor Statistics, more than three million workers in the U.S. suffered work-related injuries in 2014. In Florida, workplace injuries caused a total of 299 fatalities in 2017.

Workers injured on the job have the right to file for workers’ compensation. A successful claim can cover a worker’s medical bills and a portion of their lost income. In cases like this, it is crucial for the injured worker to hire an attorney to help them properly file a claim so they don’t risk having their rightful compensation reduced or denied.

South Florida Workers’ Compensation Attorney

If you or your loved one was injured at a job site, you should hire an attorney. Contact us for a free initial consultation and work with one of South Florida’s most experienced workers’ compensation defense attorneys

Source: 11.4.19 Man suffers traumatic injuries in Orange County industrial accident.pdf

Ulises Corrales Ibarra Identified as Fifth Construction Worker Killed at I-4 Ultimate Construction Site in Orlando, FL

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blur-builders-building-159306-300x200Authorities have identified Ulises Corrales Ibarra as the construction worker killed at an I-4 construction site in Orlando, FL, on September 28. One other worker was reportedly injured.

According to SGL Constructors, the fatal accident occurred at approximately 6:30 p.m. by Lake Lucerne in downtown Orlando. A concrete beam reportedly slipped off a piece of equipment and struck Corrales Ibarra and another SGL construction worker.

Corrales Ibarra was pronounced dead at the scene. The other worker was rushed to an area hospital with non-life-threatening injuries.

Corrales Ibarra is the fifth worker to die since the 21-mile project officially began in 2015. It involves the reconstruction of 74 bridges, the widening of 13 bridges, and the addition of 53 new bridges.

SGL Constructors released the following statement on Monday:

“We are currently focused on providing the necessary support to the family, our employees and all those affected by this tragedy. The investigation into the cause of the incident is still ongoing. Work along the 21-mile project remains suspended, with the exception of emergency maintenance and corridor-wide safety patrols that will continue to operate during this time.”

The project was to be completed in May 2019, but the Florida Department of Transportation (FDOT) won’t allow work to continue “until this investigation progresses substantially and the root causes of Saturday’s incident can be understood.”

It is unclear if the Occupational Safety and Health Administration (OSHA) will be investigating this incident. OSHA has reportedly investigated the cases of every worker injured or killed since the project began in 2015.

In August 2019, representatives from OSHA and SGL Constructors settled a case involving the death of 59-year-old James H. Mills, who was killed on the job.

The circumstances that led to Mills’ death appear to be similar to Corrales Ibarra’s; Mills was killed after a large steel pipe fell on him while he was on the job. Witnesses said he was on top of a flatbed trailer, helping other workers use a forklift to load the 20-foot long pipe. Mills lost his footing and fell, causing the pipe to roll off the trailer and on top of him.

The project was paused for a week after Mills’ death, and OSHA and SGL Constructors allegedly conducted a thorough review of safety protocols. However, three more workers were injured on the job a few weeks after work resumed.

Construction site jobs are among the most dangerous in the country. There are on average 150,000 construction site injuries every year, according to data from the Bureau of Labor Statistics.

Injured workers, or the relatives of workers killed on the job, are entitled to workers’ compensation from their employer. In cases such as this, it is recommended for victims to hire an attorney to help them pressure their employer to file for workers’ comp benefits.

South Florida Workers’ Comp Attorney

If you or your loved one was injured at a job site, you should hire an attorney. Contact the offices of Brian Silber, P.A., and work with one of South Florida’s most experienced workers’ compensation attorneys.

Source: 10.3.19 beam kills 1 construction worker and injures another on freeway.pdf

Manager “Tara” Injured at Gainesville Popeyes Louisiana Chicken

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A Facebook Live post showing a Gainesville Louisiana Popeyes branch went viral on August 20th, 2019 after an injury was reported on camera. A man trying to order a chicken sandwich was told that part of the restaurant was shut down because an employee named Tara was injured and had to be taken to the hospital. It is not yet known if the employee or the franchise has hired a lawyer.

The video did not indicate how the injury occurred, but it did show that the man was waiting for about 30 minutes before he was told the restaurant had been shut down. The Facebook user reported that “the Popeyes here in Gainesville, Florida just shut down because the manager got overwhelmed with the sandwich orders and collapsed in some grease.” 

The tweets following the incident also speculated that the employee collapsed due to the flood of chicken sandwich orders. In fact, an employee from the restaurant’s branch in Starke, Florida, had to come in and help manage the orders. Many customers who, like the Facebook user, had been waiting for more than 30 minutes, were given food on the house.

Popeyes spokespersons, upon being contacted, did not offer immediate comment. This incident occurred only one day after the Popeyes Twitter account tweeted at competitor Chick-fil-A. The tweet caused a light-hearted social media feud among various popular fast-food chains in the US over who had the best chicken sandwich. 

Many fast-food chains, including Shake Shack, Bojangles, and Wendy’s, participated in what social media users were referring to as the Chicken Wars. The original tweet had apparently created a nationwide stir, with many people wanting to try Popeye’s chicken sandwich as a result.

While the injury did cause a ruckus at the Gainesville Louisiana Popeyes, no other Chicken Wars-related hospitalizations were reported. Popeyes’ popularity has increased significantly since then. 

Suffering injuries on the job may make employees eligible for worker’s compensation benefits in Florida. Worker’s compensation insurance provides benefits to injured workers, including compensation for medical care and absences due to health issues.

After an employee suffers an injury at work, like in this incident at the Gainesville Louisiana Popeyes, the employer must report the injury (regardless of how minor) to their insurance company. Florida work comp law states that this must be done within seven days.

Also, under the Florida Statute Chapter 440, the employee has about two years from the date of the accident to report the incident and file a claim to worker’s compensation insurance. The worker must file a petition with the Division of Administrative Hearings in order to be eligible for compensation.

Other similar incidents have occurred in Florida, including an incident at Flack’s Painting and Waterproofing at Pompano Beach, where the company was fined after a worker was injured. That incident was investigated by the US Department of Labor’s Occupational Safety and Health Administration (OSHA). 

If you or anyone you know is liable to worker’s compensation insurance or if you have been accused of worker’s compensation fraud, you should hire a lawyer. Contact us today to take the first step towards the best possible legal outcome for you.

Source: 8.29.19 Popeyes Injury