Offices Located In

Lubbock, Texas
1115 Broadway
Phone: 806-763-9377

Odessa, Texas
406 N. Grant St.
Phone: 432-362-0399

Albuquerque, New Mexico
1020 Lomas Blvd., NW
Phone: 505-243-3588

Las Cruces, New Mexico
1591 E. Lohman
Phone: 575-526-5545

Hobbs, New Mexico
1515 W. Calle Sur St., Suite 101
Phone: 575-397-0007

All offices operate between 8:30 am and 5:30 pm.

Our New Mexico offices are in MST and our Texas offices are in CST.
Fadduol, Cluff & Hardy : Warehouse Injuries

Warehouse Injuries

"Statistically, public warehousing's rate of injuries per 100 workers is 6.51, while on a national basis, the average for all industries is 1.64." Warehouse Safety, George Swartz, CSP, p. 1.

"OSHA statistics indicate that approximately 100 employees are killed each year as a result of incidents from powered industrial trucks. In addition, some 33,800 serious injuries and 61,800 nonserious injuries occur. Considering that there are more than 980,000 pieces of power equipment in industry, many of which are in warehouses, the need for injury prevention in relation to powered industrial trucks has never been greater." Warehouse Safety, George Swartz, CSP, p. 5.

Warehouse workers are one of the fastest growing occupations in the country. "Employment within the industry is expected to grow twenty three percent from 2002 through 2012, compared with projected growth of sixteen percent for all industries combined. Safety is a major concern in this industry. The operation of trucks, lifts, and other technically advanced equipment can be dangerous without proper training and supervision. In 2002, work related injuries and illnesses in the trucking and warehousing industry averaged 7.0 per 100 fulltime workers, higher than the 5.3 incident rate for the entire private sector." Bureau of Labor Statistics, U.S. Department of Labor, Career Guide to Industries, 200405 Edition, Truck Transportation and Warehousing. Retrieved May 27, 2004, from the World Wide Web: http://www.bls.gov/oco/cg/cgs021.htm.

"Safety training is required of all warehouse workers. The OSHA standard requires training in Hazard Communication, Emergency Action Planning, Lockout Tagout Procedures, Materials Handling including Industrial Trucks, Hazardous Materials, Biosafety, Blood borne Pathogens, Machine Guarding, some electrical training and a general introduction to OSHA." Bureau of Labor Statistics, Career Guide to Industries (Ed. 200405).

A young husband and father's life was turned upside down when the dockplate he stopped his forklift on suddenly collapsed causing him to go crashing through the bay door. The fall led to knee surgery, high medical bills, and missed time from work. Eventually, he had to find another job. Crowded dock conditions forced the forklift driver to back up onto the dockplate while another piece of equipment passed. Management had known that because of a defect in the dockplate it would not always properly lock as it was designed, but did nothing to repair it. A high-ranking company official testified that he would walk by the defective dock plate and knew of the problem, but took no action. Because the company failed to act, our hard-working client has to live with a serious and permanent injury.

When we were called, we went to work. We quickly arranged an inspection of the warehouse and the dock plate which failed by a mechanical engineering expert who was able to identify and document the defective condition. Later we obtained the opinion of an engineering expert who used to be employed at the company who manufactured the dockplate. He was able to effectively describe how the dockplate had been damaged and then dangerously repaired by the defendant company. Depositions taken by our lawyers in the case revealed that crowded conditions in the warehouse often required forklift drivers and other equipment operators to use the dockplates in order to maneuver the equipment around in the warehouse. These crowded conditions coupled with the old and defectively repaired dockplate created the perfect storm which led to our client's injuries.

Through our hard work and quick action we were able to obtain an arbitration award for our client of $352,078.44 which netted our client $179,159.43.