Dive Brief:
- A verdict in court and an out-of-court settlement got an injured Pennsylvania construction worker $2.25 million dollars for injuries he suffered when he was knocked off a concrete form when a hose he was handling swung out of control in 2010.
- Lawyers for Hildo De Franca argued that the pump operator did not follow procedures or standard practices when he raised pressure in the line to blow out a clog after having twice shut down the line to manually clear clogs.
- De Franca was working for Girafa Construction Inc., a sub-contractor on the Perkasie, Pa., site. According to the lawsuit, he suffered orthopedic injuries, traumatic brain injury, a compression fracture, a cerebral concussion, headaches, memory loss, stress, fear and anxiety after a 9-foot fall into an unfinished basement.
Dive Insight:
Court is a bad place to be stuck in a "shoulda, woulda, coulda" argument among attorneys who are seeking damages from your company. Clogs in the hose had allegedly been cleared multiple times prior to the incident, and the complaints against the contractors included failing to properly operate, clean and maintain the pump truck. Having a problem occur multiple times on a site strains everyone's patience, but the verdict in this case seems to say that it's very important to train employees to follow procedures and let them know they won't be penalized for doing it even if it takes time.
