August 14, 2013
Previously, we told you Publix Super Markets faced $182,000 in OSHA fines following the amputation of an employee’s hand. Now, the worker is suing the supermarket chain. What are her chances of having her lawsuit go forward?
Appiffane West is suing Publix even though she’s getting workers’ comp and $100,000 for her amputated hand. Since workers’ comp is known as the exclusive remedy for injured workers, it can be difficult just to get a court to allow your lawsuit to be heard, let alone win it.
West was cleaning a running conveyor belt at a Jacksonville, FL, Publix when her hand got caught and was cut off. She now wears a prosthetic hand.
Her attorney, Steve Pajcic, told a local TV station, “We think in this case that the Publix practices were so egregious and dangerous that Ms. West can bring a civil suit for gross negligence and for the accident being almost a virtual certainty to happen.”
Pajcic cites two alleged errors by Publix: The conveyor was missing a guard and the store’s management supposedly told employees to clean the conveyer systems while they were running.
OSHA issued 16 citations to Publix: 1 willful, 2 repeat, 6 serious and 7 other-than-serious.
The willful violation, the most serious of the 16, was for failing to use procedures for control of potentially hazardous energy when employees service or clean equipment (lockout/tagout).
Publix initially said it disagreed with OSHA’s findings and planned to appeal them. Now, the fines have been settled, but details of the settlement aren’t available.
Read Full Article At Safetynewsalert.com
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