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Contractor will need employer defense strategy after accident

Maintaining a safe workplace environment is of utmost importance for employers. Not only will this help avoid workplace injuries, it will also help to prevent legal problems from employee lawsuits in California or in any other state. One employer is now facing a lawsuit filed by a former employee who was hurt while on the job. The employer will now be looking to implement an effective employer defense strategy.

The incident happened in early December at a harbor where contractors had been working. The workers were employed by a contracting company. Apparently, the men were working on a floating platform at the harbor where the U.S. Navy keeps out-of-service vessels. Somehow, a huge buoy fell on the workmen, resulting in two of the workmen being killed.

Now, a surviving worker is claiming that the accident could have been avoided. The worker who suffered injuries to his leg and back is accusing the contractor company of not adhering to federal workplace safety standards. The injured worker's lawsuit filed against the company cites federal maritime laws prohibiting workers from working underneath a load. Apparently, the floating platform was directly underneath a crane lifting a large buoy at the time of the incident.

Although it is unfortunate that the fatal accident had occurred, the accident may not necessarily be the fault of the employer. Just like with any other employee lawsuit in California or any other state, the employer in this case has a right to defend itself in the court of law. However, the likelihood of a successful employer defense will depend upon the legal argument presented in court.

Source:, "Lawyer says fatal buoy accident was avoidable", Keoki Kerr, Jan. 3, 2015

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