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Man sues employer for serious workplace injuries

WEST VIRGINIA RECORD

Saturday, November 23, 2024

Man sues employer for serious workplace injuries

Federal Court
Wleding

Pixabay

HUNTINGTON — A Poca resident is suing Andritz Separation for an injury he sustained during his employment.

Eric T. Canterbury was employed at Andritz as a welder and he was injured during the course of his employment on Dec. 16, 2021, according to a complaint filed in U.S. District Court for the Southern District of West Virginia.

Canterbury claims the machine shop also had a commercial crane that is used by machinists for a variety of jobs that is attached to an electrical housing/pendant with a draping electrical cord, which creates a specific unsafe working condition for those who are working in the area

On Dec. 16, 2021, the plaintiff was traveling through the area while a machinist, Justin Bailey, was operating the crane over a storage shelf, according to the suit, and the dropped electrical cord became caught on a motor, knocking and pulling it off of its shelf.

Canterbury claims the 800-pound motor fell and struck him in the head and his left shoulder and back before landing on his foot and causing serious injuries.

OSHA was contacted after the incident and the agency inspected the incident and the area, according t the suit.

"OSHA determined that Andritz General Manager, Jason Hill, and Safety Manager Joe Baer, were aware the subject motor had been on the shelf for five (5) to six (6) weeks prior to the incident and that an electrical cord draped below the subject crane’s pendant/electrical housing reducing the clearance between any object on the top shelf and the crane creating a specific unsafe working condition and serious safety hazard," the complaint states. "Defendant Andritz did not ensure that there was sufficient clearance between the crane and the known obstruction."

After the incident, the shelf storing the motor was removed and OSHA issued a serious citation to the defendant for violating OSHA’s General Duty Clause.

Canterbury is seeking compensatory damages. He is represented by J. Ryan Stewart of Bailey Javins & Carter in Charleston.

U.S. District Court for the Southern District of West Virginia at Huntington case number: 3:23-cv-00538

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