All posts in category Wrongful Death

Three Deaths in same Motel Room within Two Months from Carbon Monoxide Poisoning

Carbon monoxide poisoning is emerging as the most likely cause of death of an 11-year-old boy and two elderly guests in the motel room almost two months apart in Boone NC.

Boone police said emergency responders found elevated levels of the gas in the Best Western room where Jeffrey Lee Williams of Rock Hill, South Carolina, died on Saturday.

Police say a preliminary post mortem found the boy died from asphyxia, which happens when toxic gases cut off oxygen to the body.

Jeffrey’s 49-year-old mother, Jeannie Williams, was rushed to hospital and survived. She is in a stable condition.

A Longview, Washington, couple was found dead in the same motel room on April 16.

Police said new toxicology results show 73-year-old Daryl Dean Jenkins and 72-year-old Shirley Mae Jenkins also died of carbon monoxide poisoning.

The hotel on East King Street in Boone remains closed while investigators focus on the heating system for the pool.

The room where all three people died is above the pool.  The pool permit was suspended on March 16 after inspectors noted ventilation problems in the chemical and equipment room.  The pool had since reopened, but it could not confirm the problems had been fixed.

Duty to Protect from Carbon Monoxide Poisoning — Business and Home Owners

Unfortunately not every hotel or apartment is equipped with functional CO monitors — which means that unwary occupants are potentially exposed to this silent killer.  Hotel guests and tenants of apartments should not be required to wear personal monitors for these type of preventable exposures.  All owners of property, even home owners, should conduct annual inspections of their gas furnaces and hot water heaters that are fueled by natural gas, liquid propane gas or heating oil.  A certified heating and ventilation inspector should ensure that the furnace and water heaters are in good working order and properly vented.   Clogged chimneys and vent pipes often cause a backup of CO gas that eventually escapes to other areas of a dwelling.

What is Carbon Monoxide Poisoning?

Often called “the silent killer,” Carbon monoxide is an invisible and odorless gas that is produced when burning any fuel, such as gasoline, propane, natural gas, oil, wood, and charcoal.  Carbon monoxide causes illness by decreasing the amount of oxygen present in a person’s body.

CO poisoning can often be mistaken for other illnesses, such as the flu.  The most common symptoms include headache, fatigue, nausea, vomiting, and confusion.  In severe cases, the person may lose consciousness or die.  Often, other people in the place of business or household will exhibit similar symptoms.

In addition to death, carbon monoxide can cause severe learning disability, memory loss, and personality changes.

West Virginia Carbon Monoxide Wrongful Death Attorneys

Hotel owners and landlords have the highest degree of responsibility to ensure that their facilities are safe for guests and tenants.  Inspections and proper maintenance of equipment and heating units and the installation and maintenance of detectors are common-sense preventative measures one would expect any building owner to have in place to prevent these senseless tragedies.

Robinette Legal Group has represented CO injury victims and the families of individuals who have died from CO exposure.  Jeff Robinette is a National Board Certified Trial Lawyer and has the experience to handle your carbon monoxide exposure case.  If you or a loved one has experienced the devastating effects of carbon monoxide poisoning , please contact us at the Robinette Legal Group, PLLC for help at http://www.robinettelaw.com or (304)594-1800.

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by Jeffery Robinette on June 11, 2013  •  Permalink
Posted in Carbon Monoxide Poisoning, Personal Injury, Wrongful Death
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Posted by Jeffery Robinette on June 11, 2013

http://wvaccidentlawyer.org/2013/06/11/three-deaths-in-same-motel-room-within-two-months-possible-carbon-monoxide-poisoning/

Is There a Difference Between a Collision and an Accident in WV?

Collision CareOne of the classic ways that insurance adjusters begin the process of defeating your claim is to label the wrongful conduct of their own insured driver as an accident.   They will attempt to gain sympathy for their insured driver and make the collision sound like just a little mistake — an accident.   While it is true that many minor collisions occur every day and cause no personal injuries to anyone, it is not accurate to say that all collisions are “accidents”.

When a significant auto collision occurs, causing serious personal injuries, it is self-evident that the person who caused the collision violated the motor vehicle safety laws and is thus guilty of careless, negligent conduct.

It is important to never refer to the conduct of the at-fault driver, who caused your serious injuries, as a mere mistake, or the auto collision as an accident.  If the collision was truly an “accident,” then the law may not hold anyone responsible.  The law requires that legal liability be established on the basis of fault, referred to as negligence.

 WV Uniform Crash Report Replaces Uniform Accident Report

 For many decades, law enforcement officers used the “Uniform Accident Report” form to annotate information about the auto collision.   Notice the word “Accident” in the title of the form?    Insurance companies and defense lawyers loved it!   During trials, the defense lawyer, the police officer, and even the judge referred to the collision as an accident.   So, what’s a jury to think about your claim if it was caused by an accident?  Well, I can tell you from experience — not much.

Recently, however, the use of a revised auto collision report form was mandated in West Virginia.   The change was primarily brought about because a new form had to be created to be integrated with computer software.    Irrespective of the reasons to get a new form in the system, every state, county and city police force must use the revised form: “State of West Virginia Uniform Traffic Crash Report.”   Did you notice the word “Crash” in the title of the report?  You can bet the insurance adjuster and defense lawyer noticed it.

So now, even police officers must recognize that they are investigating car “crashes,” not mere “accidents.”    But, old ways are hard to break, and it will take constant reminders to adjusters and even judges to refrain from referring to the police report as an “accident” report.

 Morgantown WV Collision Injury Lawyers

If you or your loved one has been injured due to someone’s careless, negligent conduct it is important to act quickly to protect your claim. Mr. Robinette has handled hundreds of cases involving serious injury and wrongful death and can provide the insight you need right now.

Call Jeff Robinette today for a free evaluation of your case at 304-594-1800 or after hours, 304-216-6695.

We are glad to provide free books and information for WV accident victims: Collision Care: West Virginia Auto Collision Guide, and Righting the Wrong, West Virginia Serious Injury Guide:  304-594-1800.

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by Jeffery Robinette on May 30, 2013  •  Permalink
Posted in Car Accidents, Distracted Driving, Motorcycle Accidents and Safety, Personal Injury, Truck Accidents, Wrongful Death
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Posted by Jeffery Robinette on May 30, 2013

http://wvaccidentlawyer.org/2013/05/30/is-there-a-difference-between-a-collision-and-an-accident-in-wv/

Gas Well Flash Fire in Tyler County, WV

Compressor-Fire-1-650x350Update:  The Tyler County Sheriff’s Dept. reports Raymond Miller, 43, of Jeanette, Pa., died Monday evening, April 15th, 2013, at the West Penn Burn Center in Pittsburgh.  Miller suffered burn injuries which proved to be fatal from the natural gas pigging station flash fire near Wick, WV.  Marietta, Ohio resident Bruce Phipps, 56, died last Friday from injuries in suffered in last Thursday’s flash fire at the Eureka-Hunter facility.

The third worker who was burned in the flash fire remains hospitalized.

April 14, 2013:  The Tyler County Sheriff’s Office has confirmed that 56-year-old Bruce Phipps of Marietta, Ohio, died shortly before midnight on Friday from injuries sustained in the flash fire at the Eureka-Hunter pig receiving station near Wick, WV.

Original Post:  Authorities are investigating the cause of an explosion at a gas well compression station site in Tyler County.  The Twin Hickories Road compression station explosion happened on Thursday, April 11, 2013 in Wick near Middlebourne.  The facility is owned by Marietta, Ohio based Eureka-Hunter.  Three people employed by third-party contractors suffered severe burns and were flown directly to the West Penn Burn Center in Pittsburgh.  A fourth employee was injured, but treated and released at a local hospital. 

Later, Eureka officials corrected initial reports.  The senior vice president of Eureka Hunter clarified the reported explosion was a flash fire, and the location was a pig receiving station along the pipeline, not a compression station as first reported.  The “pig” is a device to clean out pipelines to remove accumulated liquids.  This particular line carried methane as well as natural gas liquids such as ethane, propane and butane from the wellhead.

At about 7 p.m. on April 11th, Tyler County 911 received a call from a Eureka Hunter employee of an explosion with storage tanks on fire and at least two people injured at the Twin Hickories Road compression station near Wick, W.Va.

Fire and emergency responders were sent to the scene along with the Tyler County Sheriff Deputies. According to a press release, fire units from Shirley, Alma, Middlebourne, Sistersville as well as Saint Mary’s from Pleasants County and Paden City from Wetzel County responded.

Two Tanks on Fire near Tyler County Compression Station

 “When we arrived on scene we had a track-hoe on fire and two tanks were on fire,” said Jason Maisey, Assistant Chief of the Middlebourne VFD. “This was not a well, this was a compressor station.”

Maisey said the workers were using a new piece of equipment to “pig” the line. However, it’s unclear what caused the fire. The blaze was intense and rekindled several times due to the heat. He said firemen took more than an hour to get it out.  Early reports indicated the natural gas liquids in the tanks fueled the fire.  The fire remained above ground and did not progress to the underground pipe lines.

“We went in and shut the valves off feeding the tanks. What was burning was what was in the tanks on top. It was very flammable,” he said. “It kept reigniting and burning off. We climbed on the tank, shut the lid, and put it out.” 

West Virginia Gas Drilling Injury Lawyers – Robinette Legal Group, PLLC

The development of the Marcellus Shale oil and gas drilling in West Virginia provides many jobs to hard-working West Virginians.  West Virginia workers have a long-standing tradition of working hard in spite of dangerous and exhausting conditions.

In most cases, a worker who is injured on the job will be able to receive some benefits from a Worker’s Compensation claim. In West Virginia, if employer is found to have intentionally placed their employee in harm’s way, resulting in serious injury or death, that employee may qualify to file a claim against the employer’s insurance company. If the cause of your injury was due to faulty equipment or a negligent contractor, you may be entitled to seek additional monetary compensation from that third party.

If you or your loved one has been injured due to negligence or willful violation of safety regulations in the workplace, it is important to act quickly to protect your claim. Mr. Robinette has handled hundreds of cases involving serious injury and wrongful death and can provide the insight you need right now. Call Jeff Robinette today for a free evaluation of your case at 304-594-1800 or after hours, 304-216-6695 or visit our Robinette Legal Group, PLLC website:  http://www.robinettelaw.com

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Sources:

http://wvmetronews.com/three-burned-in-compressor-fire/  WV MetroNews, by Chris Lawrence, April 12, 2013

http://www.mariettatimes.com/page/content.detail/id/551182/-Flash-fire–in-Tyler-Co–investigated.html?nav=5002

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by Jeffery Robinette on April 12, 2013  •  Permalink
Posted in Gas drilling injuries, Marcellus Shale, Personal Injury, Work Injuries, Wrongful Death
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Posted by Jeffery Robinette on April 12, 2013

http://wvaccidentlawyer.org/2013/04/12/gas-well-compression-station-fire-in-tyler-county-wv/

OSHA Finds Management Failure led to Death at Blacksville No. 2 Mine

coal miner died, hat and glovesApril 11, 2013 update:  William E. Mock, 61, died in September at the Blacksville No. 2 coal mine in Monongalia County near Morgantown, WV.  Federal inspectors find death was in part due to a failure of management to ensure safety of its employees.

Mock, a general inside laborer, was fatally injured when an 11-foot by 5-foot piece of mine roof fell onto him on Sept. 13, 2012. Mock and another employee, Doug Ice Jr., were removing a piece of the permanent roof supports when the accident occurred. The Mine Safety and Health Administration’s fatal accident report concluded that failure to install additional support before the primary support was removed caused the accident.

The roof fell with just 30 minutes remaining in Mock’s shift.

“The plank was cut approximately half-way when they determined it was taking weight from the mine roof. Mock stopped cutting the board,” the report states. “A portion of a roof bolt supporting the board was exposed due to sloughing of roof material. Mock and Ice decided to cut the roof bolt with a track bonder. To avoid being exposed to a flash from the bonder, Ice turned his back. When the bolt was burned through, there was a loud ‘pop,’ causing Ice to duck. When Ice turned back around, he saw Mock covered with a rock from the lower chest down.”

Ice attempted to remove the rock but was unable to do so, according to the report.

“When assistance arrived at the accident site, Mock was checked for vital signs, but none were detected,” the report states. ” … The Mon County EMS Service transported Mock to the Waynesburg Hospital, where he was pronounced dead upon arrival.”

CONSOL could not provide proof to MSHA that either Mock or Ice had received task training for removal of permanent roof support.

MSHA’s report says management failed to assure that persons removing the roof were located in a safe position, failed to examine the roof conditions prior to removal and failed to provide task training instructing the miners in appropriate procedures for removing the roof supports.

“Management personnel were not present when the accident occurred,” the report states. “No member of mine management was with Mock and Ice during the entire shift, including the removal of the load bearing support.”

In its root cause analysis of the accident, MSHA determined that the “most basic causes of the accident” would have been correctable through “reasonable management controls.” The report says CONSOL has since taken corrective actions to ensure policies and safety instructions related to the causes of the incident.

CONSOL received eight citations in relation to the investigation of the fatality.

Source:  http://www.statejournal.com/story/21943312/managements-failure-noted-in-consol-miners-death, by Taylor Kuykendall, April 11, 2013.

Original Post:  A CONSOL Miner, William Edward Mock died on Thursday, September 13, 2012 after being seriously injured when he was struck by a large rock during a workplace accident along the track haulage at the Blacksville No. 2 mine.  According to the Dominion Post, the accident is under investigation and CONSOL is looking into what happened.  

While the mine has a portal in West Virginia west of Blacksville, the bulk of the coal being mined is in Pennsylvania. The site of the accident will determine which state mine safety agency is involved.

CONSOL said it will provide updates on the accident as information becomes available and will work closely with federal and state mining officials to determine the cause of the incident.

West Virginia coal miners are among the hardest working professionals in America. Despite strong MSHA regulations, coal mining continues to be one of the most dangerous occupations in the world. Every year, miners are injured or killed because the coal operators continue to circumvent or violate safety laws for the protection of the miners.

If your loved one has been injured or killed while working in or near a coal mine in West Virginia, you are entitled to certain workers’ compensation benefits and other recoveries from the coal company for “deliberate intention” violations set forth in West Virginia law, Section 23-4-2. Moreover, you may also be entitled to seek a recovery for money damages from any third parties – like equipment manufacturers and subcontractors – that contributed to or caused your injuries.

Free Consultation · Contingency Fees · Don’t Lose Your Workers’ Comp Benefits

The Robinette Legal Group is recognized as one of the region’s most successful coal mining injury litigation firms. Our attorneys understand the regulations and we know how to look beneath the coal dust to find the true cause of the accident and the full extent of your injuries and financial damages that result. We work independently as your attorney or with your workers’ compensation lawyer to seek the full and fair compensation from the insurance company that is liable for damages. 

Submitted by the Robinette Legal Group, PLLC, West Virginia Injury Lawyers. Free books and downloads for WV accident victims — Call us today: 304-216-6695 or 304-594-1800 for your free copy of Righting the Wrong: WV Serious Injury Guide; Collision Care: WV Auto Injury Guide; or Beside Still Waters: WV Fatal Injury Guide for Families.

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by Jeffery Robinette on April 12, 2013  •  Permalink
Posted in Coal mining accidents, Work Injuries, Wrongful Death
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Posted by Jeffery Robinette on April 12, 2013

http://wvaccidentlawyer.org/2013/04/12/osha-finds-management-failure-led-to-death-at-blacksville-no-2-mine/

Harrison County, WV Power Plant Accident Results in Death: David Bergman

Harrison Power Station AccidentDavid Bergman, an employee of a contractor performing work for FirstEnergy, died following a workplace accident at the Harrison Power Station in Harrison County on March 20, 2013.  The accident occurred around 8:45 a.m., according to OSHA area director Prentice Cline.

Mr. Bergman, age 57, was an employee of Burnham Industrial Contractors Inc., an insulating company based in Pittsburgh, according to FirstEnergy spokeswoman Jennifer Young.

According to the State Journal, the contracting company, Burnham Industrial, was removing insulation from ductwork in preparation for an upcoming planned maintenance outage when their employee Mr. Bergman fell through and into the ductwork, according to a March 20 letter from the power station’s director, James Graf, to employees.

“Scaffold planks on the duct structure beams were being used throughout the job to prevent any direct contact with the duct plating,” Graf’s letter reads. “At this time, it is not clear how the employee was positioned to have any contact with the duct plating.”

As a personal injury attorney who has had the privilege of helping the families of employees killed or injured while working at power plants, I am always saddened to hear that there is another family whose life has now been forever changed by a tragic death associated with working conditions at a local power plant.

Utility Workers Union of American attorney Mark Brooks shared a little more information.

“We were told that the company (Burnham) had worked on that particularly duct work and moved on to another part of the plant,” Brooks said. “And this worker went back to retrieve some tools and he was later found having fallen through a weak spot in the ductwork.”

He said it’s his understanding that the temperature inside the ductwork, when operating, approaches 300 degrees, and that Bergman was found by another Burnham employee.

He was unable to say whether it is standard practice to perform work on ductwork while the system is in operation.

According to an update to the State Journal, Mr. Bergman, a United States Veteran, is survived by a wife, four children, and 11 grandchildren.

FirstEnergy owns the coal-fired power plant.  FirstEnergy, Burnham Industrial, and OSHA are all investigating the cause of the fatality to determine who was at fault for this tragic and untimely death.  Officials will continue to investigate the accident to determine how and why safety measures failed and whether there were any violations of federal safety regulations.

Although employers are immune from common-law negligence claims through Worker’s Compensation laws, families of fatally injured employees have a cause of action against employers who deliberately expose their employees to known unsafe conditions in the workplace.

The insurance companies will be doing everything within their legal power to minimize this claim and avoid paying full compensation. They will hire or use company lawyers to aggressively fight your claim. These types of claims are complicated and can be lost on technical or procedural violations. It is essential for this family to hire an attorney who has a reputation of experience and success in handling wrongful death claims.

What is a Wrongful Death?  Allow us to answer some of your questions:  http://www.robinettelaw.com/Articles/Wrongful-Death-Claims-in-West-Virginia.shtml.

This is the second death at the Harrison Power Station in less than two years. Employee Ned Johnson of Rivesville died at the facility in September 2011 when he was pinned between a machine and a guardrail.  FirstEnergy was found by OSHA to be at fault for Mr. Johnson’s death.  

Submitted by the Robinette Legal Group, PLLC, West Virginia Injury Lawyers. Free books and downloads for WV accident victims — Call us today: 304-216-6695 or 304-594-1800 for your free copy of Righting the Wrong: WV Serious Injury Guide; Collision Care: WV Auto Injury Guide; or Beside Still Waters: WV Fatal Injury Guide for Families. We are glad to answer your questions. You can also find Jeffery Robinette on Google+.

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by Jeffery Robinette on March 30, 2013  •  Permalink
Posted in Wrongful Death
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Posted by Jeffery Robinette on March 30, 2013

http://wvaccidentlawyer.org/2013/03/30/harrison-county-wv-power-plant-accident-results-in-death-david-bergman/

Does it Matter if I Wait to Contact a Lawyer?

gavel and clockDoes it really matter if I wait to contact a lawyer about my wrongful death claim?

If you think that waiting a few months to speak with a lawyer won’t impact your wrongful death claim, think again.  Every day that you wait to seek legal counsel equates to a loss of opportunity to obtain full compensation for your injuries. In reality, it is the first 30 days following the fatal injuries to your deceased family member that are most critical to your case.

It is within this relatively short time period that initial inspections should be completed and necessary evidence and testimony secured. It is always best if a lawyer is consulted within the first few days following the tragic event, because certain evidence won’t last even 30 days. If you wait too long to develop your wrongful death claim, it will make the job of even a good lawyer more difficult to obtain a full recovery for the estate.

Waiting even a few weeks to get legal advice about your case may be just enough time for evidence to be lost or destroyed or an important witness to disappear.  Loss of vital evidence and witness testimony will cause permanent shortcomings in your wrongful death case.    Without evidence you have no way of proving liability against the responsible parties who caused the death of your family member.

You don’t know if or when your evidence will disappear or be destroyed. An important witness to your case will not likely call you up and give you their testimony and forwarding address before they skip town. When they skip town, there goes your evidence, too. And that documentary evidence — the tangible information like records and parts — you need to prove your case can disappear. Nobody is going to alert you to that either.

Also, please keep in mind that West Virginia allows only two years to file suit after the occurrence.  After this time, your claim will be forever barred.

It doesn’t matter if your evidence is accidently lost or intentionally destroyed; both have the same adverse impact on your fatal injury claim.  All these things happen without you knowing it — these are some of the legal ramifications of waiting too long to get legal counsel.  You don’t have to end up being further harmed — you can exercise your right to consult with your own lawyer about your injury claim today.

For further information about moving forward after a tragic, unexpected death, we offer a free resource for you to help guide you through the process of moving forward with your lives.  Click this link to gain the insight you need today:  Beside Still Waters:  West Virginia Fatal Injury Guide.Beside_Still_Waters_-_Covers_3D

No words or amount of remuneration could ever compensate all that you have lost when your loved one is taken from you.  As you move forward with your life, those who are responsible must be held accountable to give you a sense of justice and closure.  Jeff Robinette and his staff are available to answer your questions.  Every call is handled with compassion, and every case is handled with dignity and professionalism.

Call The Robinette Legal Group, PLLC today:  304-216-6695. You can also find Jeffery Robinette on Google+

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by Jeffery Robinette on March 19, 2013  •  Permalink
Posted in Car Accidents, Coal mining accidents, Distracted Driving, DUI Accidents, Gas drilling injuries, Hit and Run, Motorcycle Accidents and Safety, Personal Injury, Truck Accidents, Wrongful Death
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Posted by Jeffery Robinette on March 19, 2013

http://wvaccidentlawyer.org/2013/03/19/does-it-matter-if-i-wait-to-contact-a-lawyer/

A Jail Cell at the End of the Tunnel?

coal minerInvestigation into Upper Big Branch sends Powerful Message to Mine Industry

It’s beginning to look like the canaries have come home to roost. Last week, the federal investigation of the Upper Big Branch mine disaster continued to take another step up the corporate ladder of the former Massey Energy Co. This time, the former president of the subsidiary that operated that mine pleaded guilty to two federal mine safety charges. David Hughart admitted to illegally warning miners and their bosses about surprise federal inspections for more than a decade, up until only weeks before the fatal blast that claimed the lives of 29 miners. He also said that he and other corporate officials, superintendents and foremen, conspired to violate mine health and safety laws was corporate practice.  Hughart  faces up to six years and a $350,000 fine when he’s sentenced June 25.

Furthermore, he squarely pointed the finger at Massey’s former chief executive officer, Don Blankenship, for ordering this practice. Since this investigation was launched in the months following the April 2010 tragedy it has netted three convictions: The mine’s former security chief, its superintendent; and now its president. And in the two former cases, the punishments handed down have been some of the stiffest ever in mine safety cases, including long jail terms. Prosecutors also negotiated a $210 million agreement with the company that bought Massey, Alpha Resources. That spares the company from criminal prosecution, but leaves individuals subject to it.

Though this investigation is already one for the records in West Virginia, if it goes after a former mining CEO, it will be a rare day, indeed. But even if it does, we are not going to rejoice. Because at the end of the day, nothing is going to bring back those 29 coal miners, most of whom died from the concussion — some more than a mile away — of a massive explosion underground.

However, it’s clear that this investigation’s real achievement will be the very powerful message it has sent, and not only to the mining industry. If you still need to read between the lines, we’ll spell it out for you: If you conspire to knowingly violate safety and health laws in any workplace and risk the lives of employees, you might be going to jail. There are probably few, if any workplaces, despite best practices and efforts, that are not subject to citations for some violation or another. However, when anyone not only condones and allows unsafe practices, but actually makes them company policy, they should face criminal charges. As a rule, we trust almost all mine operators do strive to ensure their employees’ health and safety — consequences or no consequences. But for those who would grossly violate mine safety and health laws, a steel cage may await them.

The families of coal mine disaster victims and survivors have legal rights in West Virginia, but you don’t have to fight for them alone.  Speak to an experienced Coal Mine Explosion Lawyer or Wrongful Death attorney today who can help you understand and protect your rights — Call 304-594-1800 or 304-216-6695 today.  We would be glad to answer your questions.

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Source:  Editorial from The Dominion Post, Morgantown, WV: 3/06/2013 http://ee.dominionpost.com

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by Jeffery Robinette on March 6, 2013  •  Permalink
Posted in Coal mining accidents, Uncategorized, Work Injuries, Wrongful Death
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Posted by Jeffery Robinette on March 6, 2013

http://wvaccidentlawyer.org/2013/03/06/a-jail-cell-at-the-end-of-the-tunnel/

Natural Gas Well Worker killed in Explosion in WV

WV gas well explosionA worker was killed in West Virginia in an explosion at an EQT natural gas well pad near Flemington in Taylor County on February 15, 2013. 

The victim of this worksite accident has been identified as Brian Hopkins, an employee of Central Environmental Services, a contracting company working for EQT. Hopkins was working alone at the time of his death.

The development of the Marcellus Shale oil and gas drilling in West Virginia provides many jobs, especially near Morgantown and Fairmont, WV.  Just as our coal miners have always faced hazardous conditions, the hard working men and women employed by the natural gas industry are now facing similar dangers. 

Central Environmental Services CEO Jeff Harper released a statement on the death of Brian Hopkins, 43, of Little Hocking, OH.  “On the morning of Feb. 15, 2013, our employee, Brian Hopkins, was at a customer’s well-pad near Flemington in Taylor County, W.Va, preparing to perform normal work-related tasks when an explosion occurred, killing Brian and causing some damage to the area where he was working,” Harper wrote. Company officials said Hopkins was on the work site and near two of the tanks when the explosion took place.

The man was attempting to transfer briny wastewater from a tank into a truck. What sparked the explosion is unclear and will be the focus of the state’s investigation, already under way. 

Drillers inject massive volumes of water, sand and chemicals to hydraulically fracture, or frack, the rock in which gas deposits are trapped. The gas then flows up for collection, as does the brine. The DEP says some of the chemicals in the brine could be flammable. 

Corky DeMarco, executive director of the West Virginia Oil and Natural Gas Association, said EQT is calling the fatality an “industrial accident,” not an explosion, and he’s never heard of brine exploding.

“To the best of my knowledge, brine is not flammable,” he said. Accidents involving brine are typically spills, he said, “so that, I don’t understand.” 

Brine is 99.5 percent water and sand, and drillers typically do not add potentially flammable chemicals, Mr. DeMarco said. What flows back up from a well is mostly salty water, and any chemicals are diluted. 

“Contrary to what some people like to say,” he said, “we don’t use diesel fuel or any of those kinds of additives that would be flammable.” 

But David McMahon of the West Virginia Surface Owners’ Rights Organization said the fracking fluid often contains volatile organic compounds, “so brine tanks can have vapors of these that are surely explosive.” 

Many people who live near well pads are worried about those compounds being vented into the atmosphere and harming air quality, he said. 

West Virginia workers have a long-standing tradition of working hard in spite of dangerous and exhausting conditions. Just as our coal miners have always faced the potential of industrial tragedies, oil and gas drilling workers are also experiencing similar tragedies resulting in serious permanent and fatal injuries. Injuries common to the oil and gas industry include severed fingers, broken bones, foot injuries, burns, toxic chemical exposure, disfigurement, and traumatic brain injuries.

Risk factors for oil and gas workers may include: explosion, work place injuries, truck accidents, serious and catastrophic injuries, exposure to hazardous chemicals, industrial accidents involving heavy tools and complex equipment, contaminated air and water, hazardous driving conditions, fires, burns, malfunctioning equipment, and safety violations. Driving to and from the drilling site has become a major risk factor: one-third of all serious accidents and fatalities linked to fracking occur from trucking accidents.

Another recent example of the danger associated with gas and oil drilling occurred in an August 17, 2012 accident when a newly developed gas well exploded in Harrison County, WV, sending three workers to the hospital with severe injuries. 

If you or your loved one has been injured due to negligence or willful violation of safety regulations in the workplace, it is important to act quickly to protect your claim. Mr. Robinette at the Robinette Legal Group has handled hundreds of cases involving serious injury and wrongful death and can provide the insight you need right now. Call Jeff Robinette today for a free evaluation of your case at 304-594-1800 or after hours, 304-216-6695.

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Source:  Associated Press, Vickie Smith, on Monday, 18 February 2013, http://pipeline.post-gazette.com/news/archives/25054-worker-killed-in-blast-at-w-va-gas-well-pad

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by Jeffery Robinette on February 23, 2013  •  Permalink
Posted in Gas drilling injuries, Marcellus Shale, Uncategorized, Work Injuries, Wrongful Death
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Posted by Jeffery Robinette on February 23, 2013

http://wvaccidentlawyer.org/2013/02/23/natural-gas-well-worker-killed-in-explosion-in-wv/

Ambulance EMT Killed in Collision With a Truck on I-79

Collision care photoAn ambulance and a flatbed semi-truck collided on Interstate 79 south near Weston Tuesday morning and closed the highway for almost two hours on Tuesday, January 15, 2013.

Jan-Care Ambulance Services confirmed Tuesday morning that a Jan-Care EMT died following the accident on Interstate 79 in Lewis County.

A Jan-Care ambulance was returning to the station from an EMS transport when it collided with a flatbed semi-truck Tuesday morning, according to Paul Seamann, Director of Operations at Jan-Care Ambulance Services. 

Lewis County sheriff’s deputy F.J. Turansky says Jan-Care EMT, Mark Kinder, 26, a passenger in the ambulance, was injured in the accident and later died as a result as his injuries at Stonewall Jackson Memorial Hospital.  Turansky says the ambulance’s driver was treated and released.  No patient was on-board the ambulance at the time of the accident. 

Paul Seamann of Jan-Care reflected that “It is a real tragedy when something like this happens to someone who has devoted so much timeand effort to helping others.”

The Lewis County Sheriff’s Department said the driver and passenger of the semi-truck involved in the fatal crash were not injured.

The collision happened south of the Weston exit at mile marker 97.5. Lewis County Sheriff’s Department and the Weston Fire Department were called to the scene.  Drivers on I-79 south of Weston were stuck for an hour and a half until crews opened the shoulder to allow them to pass through.

The cause of the accident is unknown.

The Lewis County Sheriff’s Department and State Police are investigating the accident.Collision Care

Submitted by the Robinette Legal Group, PLLC, West Virginia Injury Lawyers. Free books for WV accident victims — Call us today: 304-216-6695 or 304-594-1800 for your free copy of Righting the Wrong: WV Serious Injury Guide; Collision Care: WV Auto Injury Guide; or Beside Still Waters: WV Fatal Injury Guide for Families. We are glad to answer your questions.

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Source:  WBOY News, by reporter Stacy Moniot, 01/15/2013:  http://www.wboy.com/story/20589835/update-emt-dead-following-i-79-accident-in-lewis-county

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by Jeffery Robinette on January 15, 2013  •  Permalink
Posted in Personal Injury, Truck Accidents, Work Injuries, Wrongful Death
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Posted by Jeffery Robinette on January 15, 2013

http://wvaccidentlawyer.org/2013/01/15/ambulance-emt-killed-in-collision-with-a-truck-on-i-79/

Injured in WV? Get the Facts.

Free Books for WV Accident Victims:

Beside Still WatersRighting the WrongsCollision Care

Click on book image for immediate download, or if you are a WV injury victim, call 1-304-594-1800 or email our office today to have a soft cover book sent to your home at no cost or obligation to you.

Collision Care: A Guide for West Virginia Accident Victims will give you the basic facts that you must know in order to make the best decisions for your present and future circumstances and to help you achieve the best result possible regarding your injury claim. (87 pages)

Righting the Wrong: West Virginia Serious Injury Guide provides serious injury victims and their families essential information about the insurance claims process to enable them to maximize their efforts to rebuild their lives. (161 pages)

Beside Still Waters: West Virginia Fatal Injury Guide provides surviving family members the information they need in order to pick up the pieces of their lives to enable them to rebuild a financial future for themselves and their children. (123 pages)

Click on a book cover image for a free immediate download, or if you are an injury victim or family member, call our office today to have a soft cover copy sent to your home. Due to limited availability, there is a limit of one book per family.

All of these books can also be purchased on Amazon.com and Barnes and Noble for $16.95 each, plus shipping, but if you act now, Jeff will send it to you at No Cost or obligation.

Some of the useful information you will find in these books:

  • What Are My Legal Rights?
  • What Is Legal Liability?
  • What Is Comparative Fault? What happens if we were both at fault?
  • How Do I Prove My Claim? What documentation must I provide?
  • For What Damages May I Receive Compensation?
  • Do I Really Need A Lawyer? How to choose the right lawyer for your case.
  • Can I Afford A Lawyer?
  • Financial Motivation Of The Insurance Company – to minimize their pay-outs and maximize their own profit.
  • What is a wrongful death?
  • Statements and Authorizations – Think twice and get advice before you sign that release!
  • Social Media Traps and insurance company surveillance of your activities.
  • Spoliation of Evidence , vehicle salvage issues.
  • And much, much more!

Bonus Information: The Anatomy of a Real-life Injury Case and 10 Ways to Ruin Your Case

Our Mission
Morgantown lawyer and principal attorney, Jeff Robinette, shares what he believes is the mission of the Robinette Legal Group, PLLC. The primary objective of a personal injury law firm is to help the average person who has been the victim of negligence against the powerful resources of the insurance industry.

About the Author:

Jeffery L RobinetteJeffery Robinette is a personal injury lawyer with decades of insurance litigation and trial experience in personal injury and wrongful death claims. Prior to representing injured individuals exclusively, Mr. Robinette was a partner in a major West Virginia law firm where he focused his legal practice on defending serious personal injury and wrongful death claims and lawsuits stemming from auto and truck collisions. He has also represented the nation’s largest and most powerful insurance companies at all levels of litigation including jury trials and appeals in state and federal courts in West Virginia.

Mr. Robinette taught insurance companies and their adjusters how to follow insurance laws and regulations, including how to adjust insurance claims in good faith. He was a frequent speaker at insurance conferences on West Virginia insurance law.

Submitted by the Robinette Legal Group, PLLC, West Virginia Injury Lawyers.  Call us today: 304-216-6695 or 304-594-1800.  We are glad to answer your questions.

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by Jeffery Robinette on January 8, 2013  •  Permalink
Posted in Back Injuries, Brain Injury, Bullying in West Virginia, Car Accidents, Carbon Monoxide Poisoning, Coal mining accidents, Distracted Driving, DUI Accidents, Gas drilling injuries, Marcellus Shale, Motorcycle Accidents and Safety, Personal Injury, Secrets of the Insurance Companies, Truck Accidents, Wrongful Death
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Posted by Jeffery Robinette on January 8, 2013

http://wvaccidentlawyer.org/2013/01/08/injured-in-wv-get-the-facts/

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