Fatal North Carolina (NC) Fourth of July Fireworks Blast Results in Multiple Fines

Virginia (VA) Wrongful Death Lawyers
Offices in Virginia Beach, Hampton & Elizabeth City, NC

Wrongful Death

12/14/2009
Richard N. Shapiro
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Fatal North Carolina (NC) Fourth of July Fireworks Blast Results in Multiple Fines

Nearly six months after a truckload of professional-grade fireworks exploded in a Ocracoke teachers' education center parking lot, the company responsible for ensuring the safety of the deadly explosives has been fined by the North Carolina (NC) Department of Labor. In reporting the nearly $45,000 penalty for Melrose South Pyrotechnics of Catawba, South Carolina (SC), on Dec. 12, the Virginian-Pilot noted that failure to properly train and supervise the crew employed to transport and set up the fireworks lead to the deaths of Terry Holland, Lisa Simmons, Charles Kirkland Jr., Mark Curtis Hill.

Martez Holland was also severely burned and injured when, crewmembers inappropriately inserted electric ignition devices into the fireworks. The accident already prompted the North Carolina legislature to propose tighter rules for required inspections and permitting processes for firework displays in the state.

Inspections would not have prevented this tragedy, however. Among the 11 workplace safety violations Melrose South Pyrotechnics was found to have committed were employing inexperienced people to work with explosives, allowing workers to smoke near explosives and not providing on-site supervision to ensure proper handling of the fireworks.

Employers have legal and moral responsibilities to ensure the safety of their employees. These are principles my colleagues and I strive to uphold and which are embodied in the laws and regulations enforced by agencies such as the Occupational Safety and Health Administration, Bureau of Alcohol, Tobacco and Firearms and their state-level equivalents such as North Carolina's Occupational Safety & Health Division and Department of Justice.

A handful of $2,000 and $5.600 fines like the ones Melrose South Pyrotechnics must pay do not seem sufficient to ameliorate the harm caused by the company's failure to protect its workers. A more positive outcome may be that North Carolina does stiffen its rules for fireworks so that similar accidents to do not occur again.

Many potential clients call our injury attorneys about on-the-job industrial accidents, and their first question is often, "Can I sue my own employer?" The whole idea of workers' compensation laws is to provide employees basic compensation for workplace injuries on a no-fault basis. While on worker's comp, you receive a portion of your regular wages weekly, all or some of your medical billsare covered, and you will receive other benefits depending on the extent and nature of your injuries. You can recover for on-the-job injuries even if you may have been partly at fault; your employer need not have been careless, either. So, the general rule is that in exchange for the workers' compensation rights, you cannot sue your own employer

Some exceptions do apply, however, but taking advantage of those exceptions is quite complicated.

For example, if you are hurt in a car accident while working, but the accident is the fault of a third party (i.e., not your employer), you can submit a workers' compensation claim and still pursue a separate negligence lawsuit against the third party. Our injury attorneys regularly handle such third party negligence cases. If we obtain a recovery for the client against a careless third party, any paid-out workers' compensation insurance benefits normally are reimbursed to the employer's workers' comp carrier.

In industrials accidents, an injured employee can recover workers' compensation benefits, and if a third party company was careless, we can evaluate if a viable claim exists. Chemical explosions , defective or faulty products, electrical fires, or electrocutions often involve services or products of third party companies or their workers. If a third party or its agents or workers are careless, this may be a basis for a personal injury lawsuit or wrongful death claim arising from an on-the-job injury.

EJL

Labels: burns deaths electric explosion fireworks hurt on the job industrial accident injury lawyer labor Ocracoke Rick Shapiro safety truck

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About the Editors: Shapiro, Lewis & Appleton is a Virginia (VA) injury law firm whose attorneys focus exclusively on personal injury and accident law. We have a proven track record in the court room, and you can review our case results to see for yourself. Our attorneys have deep roots in Virginia and handle cases throughout the commonwealth including Virginia Beach, Norfolk, Chesapeake, Portsmouth, Newport News, Hampton and Suffolk, VA. We have offices in Virginia Beach and Hampton, but we're ready to come to you anywhere in VA if you've been seriously hurt by another person's carelessness.

Virginia injury lawyers Rick Shapiro and James Lewis have been recognized as among the Best Lawyers in America since 2008. Shapiro and Lewis have also been selected by the National Million Dollar Advocates Forum since 2009. Rick and Jim have been named Virginia Super Lawyers for Personal Injury Law since 2010, making them among the 5 percent of lawyers so honored. In addition, we were the first injury law firm in Virginia to join Primerus, a select group of highly ethical and respected law firms. Our Virginia Beach accident injury firm has the highest rating of AV from Martindale-Hubbell, a national lawyer ranking organization, which means we have a reputation for preeminent legal skill.

We alsooffer free special reports and edit the Virginia Beach Injuryboard and Norfolk Injuryboard blog sites as a public information service.

While not every injury case meets our criteria, we offer free initial confidential consultations, so call us toll free at (800) 752-0042. If you cannot get through due to the high call volume, please leave a voicemaul and we will get back to you shortly.

Virginia injury lawyer

About the Editors: Shapiro, Lewis & Appleton is a Virginia injury law firm whose attorneys focus on personal injury and accident law and have experience handling wrongful death cases. We have offices in Virginia Beach and Hampton, VA, but we're ready to come to you anywhere in Virginia if your family member or loved one was killed as a result of someone else's carelessness.

Rick Shapiro and James Lewis have been named to the National Million Dollar Advocates Form since 2009 and listed among the Best Lawyers in America since 2008. Shapiro and Lewis have also been named Virginia Super Lawyers for Personal Injury Law since 2010. Fewer than 5 percent of lawyers are chosen for this professional honor. In addition, ours was the first injury law firm in Virginia to join Primerus, a select group of highly ethical and respected law firms.

Our VA personal injury firm has the highest rating of AV from Martindale-Hubbell, a national lawyer ranking organization, which means we have a reputation for preeminent legal skill.

While not every injury case meets our criteria, we offer free initial confidential case consultations, so call us toll free at (800) 752-0042. If you cannot get through due to high call volume, please leave a voicemail so we can return your call.

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Fatal North Carolina (NC) Fourth of July Fireworks Blast Results in Multiple Fines

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