Georgia Workers Compensation Attorney Blog

When you suffer a work-related injury in Atlanta, you may be entitled to workers' compensation benefits. The question then becomes, how will your average weekly wage be determined for benefits purposes?

Because this determination is not as straightforward as you may think, it is important to have an experienced Atlanta workers' compensation attorney advocating for you.

Recently, the Virginia courts clarified what is required to determine an injured employee's average weekly wage for an award of workers' compensation benefits. Thorpe v. Ted Bowling Constr., et al., No. 110349 (Virg. May 4, 2012). Matthew Thorpe (Thorpe) was an entrepreneur who owned a self storage facility and a residential porch railing installation company. Thorpe employed Eric McMahon (McMahon) at this installation company called Alson's Ornamental Iron.

This case arose when a customer of Thorpe's, John Clary (Clary), offered to pay Thorpe and McMahon to assist him on one of his jobs. Clary was contracted by Ted Bowling Construction (defendant) to install a metal roof and siding on an industrial building. Clary offered Thorpe and McMahon $5,000 to complete the job as soon as possible; which he expected to occur within a week. Additionally, Clary specifically stated that he would pay Thrope and McMahon the stipulated amount only when the job was completed. This agreement was memorialized when Clary wrote "5000" on the top of a shop table with soapstone.

Clary knew that Thorpe and McMahon had never worked with the installation of metal roofing and siding; however, because he knew the railing installation business was slow he offered them the job. Clary provided the two men with instructions and supervision, as well as all of the tools and materials they would need in order to complete the requisite installation. The roof where the work was being performed by Thorpe and McMahon has skylight windows which they had noticed immediately upon beginning their work.

Thorpe and McMahon had worked on this project for four days. On the fourth day, while installing the metal sheets on the roof of the industrial building, Thorpe fell through one of the skylights on the roof. Because of this fall through the skylight, the impact of his landing caused him to die immediately. Thorpe left his widow who brought a lawsuit against the defendant seeking workers' compensation benefits.

The deputy commissioner responsible for hearing this workers' compensation claim, began wo hear the evidence over a year and a half after Thorpe's death. The main issue in this claim was surrounding the terms and conditions of the employment agreement between Clary, Thorpe and McMahon. This commissioner was unable to find Clary, as he had "disappeared" after the death of Thorpe. The only remaining witness to the agreement and the circumstances of Thorpe's death was McMahon.

Because McMahon and Thorpe had never engaged in this type of work before, they could offer no evidence as to the prevailing wage paid for this type of work. The only thing McMahon could offer was the offer Clary made.

Workers' compensation benefits are based on the employee's average weekly wage. This is established by dividing the earnings made in the previous 52 weeks of that employment by 52. Because there was no evidence of Thorpe's employment for a fixed period of time, there was no time based conclusion that could be utilized in establishing prevailing wage.

Thus, the court indicated that the things to be considered when establishing the prevailing wage for workers compensation benefits are based on the wage paid at the same time and in the same area for similar work.

Because Thorpe was not hired for a long time basis but only for a single project, this court found that it would be unfair to provide his widow with continuing benefit payments. Therefore, she received only $48 a week for 500 weeks.

Continue reading "Thorpe v. Ted Bowling Construction: How to Determine Prevailing Wage for Atlanta Workers' Compensation Benefits" »

Currently, about 80 percent of our state's students have worked sometime during their high school career. Well, summer break is getting closer and closer and more teens will be heading back to the work force, using this break away from school to make some extra cash!

The Georgia Department of Labor and the federal government regulate child labor. These laws help to make sure that our teenagers are protected from accidents on the job and that they have enough time to complete their school work and other obligations as well.

Parents are urged to sit down with the teen worker in their life to make sure that they're aware of the rights that they have on the job. Oftentimes, because of their inexperience, teen workers are likely to overlook or ignore work-related dangers that could cause a potentially fatal work accident in Atlanta or elsewhere. For this reason, parents should talk to teens about what is required of them and what is required of their employer to help to ensure their safety on the job.

Our Atlanta workers' compensation lawyers understand that there were more than 17 million workers across the United States who were under the age of 24-years-old in 2010. These workers only represented about 13 percent of the workforce but accounted for some of the highest counts of work-related accidents.

One common cause for their high injury rate has to do with the positions that they hold, like those in restaurant where there are knives, slippery floors and dangerous equipment present.

Knowledge about job requirements and expectations can help to reduce the risks for an accident.

Workers age 16- and 17-years-old:

-Can only work 4 hours on a school day.

-Can only work 8 hours on a non-school day.

-Can only work 40 hours during a non-school week.

-May not work before 6:00 a.m.

-May not work after 9:00 p.m.

-May not work during school hours.

-Are to be properly trained by employees regarding the tasks that need to be completed on the job.

-Are to be provided with the proper safety equipment to perform the job.

-Should be treated without any form of discrimination.

-Should be encouraged to speak up about any on-the-job dangers.

There were nearly 400 employees under the age of 24 who were killed in work-related accidents in 2009. More than 25 of these fatalities happened to workers who were under the age of 18. In addition to these fatal accidents, there were nearly 1,000,000 injuries resulting from work accidents during the same year. The injury rate for these young workers is about two times higher than the rate among workers who are over the age of 24.

Continue reading "Teen Risks for Atlanta Work Accidents Skyrocket during Summer" »

During the entire week, there will be a safety stand down at construction sites throughout the state. According to the Occupational Safety and Health Administration (OSHA), the stand down has been orchestrated by the state of Georgia, the Federal Highway Administration, construction contractors, OSHA and many other construction-related groups, companies and safety advocates to help to raise awareness about National Highway Work Zone Awareness Week 2012. This national campaign takes place from the 23rd of April through the 26th.

The stand down will be taking place from 7:00 a.m. to 8:00 a.m. During this time, officials will be conducting work zone safety training to help prevent work zone accidents in Atlanta and elsewhere throughout the state. During this time, officials will be addressing distracted driving and injuries resulting from other traffic objects. Every year, roughly 77 percent of struck-by deaths involve heavy equipment such as trucks or cranes.

Our Atlanta workers' compensation attorneys understand that roadside workers face some of the highest risks for work-related accidents. This stand down is used to address this very real problem and to help to highlight the importance of work zone safety. Through the stand down, officials hope to not only raise awareness about the risks for these kinds of accidents but the ability for workers and employees to recognize and eliminate these kinds of hazards.

Employees and employers are urged to check out the campaign's toolbox and informational flyers, available in both Spanish and English, to help kick off these efforts.

OSHA strongly believes that by committing 30 minutes to an hour of our workers' day to safety training can help to significantly increase employee safety morale.

Would you or your company like to participate? All you have to do to register your company is shoot an email to Cherri Watson.

Georgia Branch, AGC is now participating in its third year as a part of the OSHA Struck By Alliance for three years.

Involved in the stand down:

-National Safety Council - Georgia Chapter

-Pike Electric

-Georgia Power

-The Surveying and Mapping Society of Georgia

-Lamar Signs

-Georgia Tech Research Institute

-The Association County Commissioners of Georgia

-The Federal Highway Administration's Georgia Division

-Georgia's Department of Transportation

-3M Visibility & Insulations Solutions

-The Associated General Contractors of America Georgia Branch

According to statistics of 2010 from the U.S. Bureau of Labor Statistics, there were nearly 5,000 work-related fatalities in the U.S. Construction workers face some of the highest risks for fatal work-related accidents. Alliances and work-safety programs continue on in the effort to help to reduce the risks of these kinds of accidents and to help keep workers safe nationwide. Remember to keep safety as a number one priority in your workplace!

Continue reading "Work Zone Accidents in Atlanta Addressed with Statewide Stand Down" »

Georgia workers' compensation laws can be very confusing because they vary depending on who the employer is. Our experienced Georgia workers' compensation attorneys understand the nuances in this area of law and we can help protect your rights in a work-injury claim.

The U.S. federal government has a special series of laws addressing the work accidents of federal government employees. This act is called the Federal Employees' Compensation Act (FECA).

FECA is a comprehensive workers' compensation plan for federal civilian employees who have been injured or killed while executing their work duties. Gilmore v. Director, Department of Labor, No. 11-12747 (11th Cir. Feb. 6, 2012); see also Nobel v. United States, 216 F.3d 1229, 1234 (11 Cir. 2000).

Gilmore v. Director, Department of Labor is a workers' compensation case coming from the Eleventh Circuit. Gilmore (plaintiff) was an employee of the U.S. federal government who was injured while he was performing his job duties. Because of his status as a federal employee, the FECA was the applicable statute governing his petition process and the review process. Plaintiff completed a petition for workers' compensation and supplemented this petition with factual and medical evidence to support his claims. The Workers' Compensation Board heard his claims and rejected both his initial petition for back pay and interest, and his appeal of this initial rejection.

Plaintiff argued that by failing to provide him with an award for back pay and interest, the Board had violated his right to property. Furthermore, plaintiff argued that the Board failed to comply with his constitutional rights to substantive and procedural due process of laws.

Defendants argued that the court did not have subject matter jurisdiction to hear this case because this was a federal workers' compensation claim that was governed by FECA and the applicable workers' compensation channels.

The FECA governs work related injuries suffered by federal employees. This Act provides the injured employee with certain benefits under the program such as monetary benefits, wage-loss benefits, and even medical benefits and vocational rehabilitation. FECA specifies that the person responsible for all determinations surrounding this Act is the Secretary of Labor (Secretary). After adoption, the Secretary delegated the authority over FECA claims to the Office of Workers' Compensation Program (OWCP).

FECA applies to all U.S. civilian employees who are paid with appropriated government funds. The types of employees covered were extended to include the following: Peace Corps and VISTA volunteers; federal petit or grand jurors; volunteer members of the Civil Air Patrol; Reserve Officer Training Corp cadets; and non-federal law enforcement officers.

The court in Gilmore cites relevant law that stipulates that decisions made by the Secretary or the Secretary's agents are no appealable to an outside court except where their actions are a violation of a statute or where there is a violation of the petitioner's constitutional rights. Basically, the decision of the Secretary or OWCP cannot be appealed unless they violated the constitution or statute in their determination. This shows why it is so important to prepare a thoughtful petition initially to receive the best possible award.

Although the plaintiff argued that the Secretary and the OWCP violated his due process rights, the court held that there was no violation of plaintiff's rights because he had notice of the review and he had an opportunity to be heard in a meaningful manner at a meaningful time. Thus, because the decision and the way the decision was made were in compliance with FECA and the constitution, their decision was final and the court could not review it on a factual basis.

Continue reading "Gilmore v. Director, Department of Labor Restates the Law Surrounding an Appeal for Georgia Workers' Compensation" »

If you have suffered a work related injury in Georgia, you may be confused about the future.

Having an experienced Georgia injury attorney explain your rights to you is crucial in obtaining the peace of mind you deserve.

McNea v. Industrial Commission of Ohio is a recent Ohio workers' compensation (WC) case that has piqued interest. This is a case dealing with the question of whether someone who is receiving WC benefits can lose these benefits if they obtain another job. The issue here arises with the definition of "remunerative employment" in this Ohio case.

Specifically, does being a drug dealer count?

McNea (Plaintiff) was a city police officer who suffered from injuries sustained while he was acting in this capacity. In 2004, the plaintiff received WC compensation in the form of permanent total disability (PTD). Subsequently, plaintiff was arrested for illegally selling narcotics. He was charged with twenty counts of criminal activity and sentenced to three years in prison.

The problem in this case arose in 2007 when a commission staff hearing officer (SHO) terminated plaintiff's WC benefits as of the day of plaintiff's arrest. The SHO did not agree with the WC Bureau that benefits granted before the date of arrest should be considered overpaid. The reason this SHO cited was that there was no proof provided that would show that plaintiff "was involved in sustained remunerative employment at the time of the permanent and total disability hearing." The WC bureau argued this decision regarding overpayment, and sought reconsideration because there had been evidence that plaintiff had made narcotic sales to police informants amounting to $6,200.

WC laws dictate that no benefits will be awarded to claimants who are incarcerated. Plaintiff acknowledges this however he argues that there was no evidence that he engaged in sustained remunerative employment from 2005-2007 and that by terminating his PTD award while he was still in prison was a violation of his due process rights.

This court decided that upon the first date of sale of drugs plaintiff made to police informants, his future compensation would be terminated. The reasoning the court cites for this decision is that the plaintiff's drug selling activity over a several months constituted a "sustained remunerative employment" for purposes of WC. The only requirement for sustained activity is that there was proof of an ongoing pattern of activity. The court even went so far as to calculate the proposed income that plaintiff could have made over his time selling drugs. And it was assumed that the plaintiff would not have stopped his drug activity for a while, which would have provided him with a substantial income.

The court looks to prior case law that cites that even if the claimant is engaged in illegal activity that activity would be considered as sustained remunerative employment. If a beneficiary of WC benefits is found to be engaged in this type of employment, prior benefit awards can be taken away.

As to the due process argument, the court found that it was not essential for the plaintiff to have been at his hearing for the termination of his PTD because his lawyer was there. Because there was no evidence that plaintiff would have offered any evidence at his termination hearing, the court found that his attorney was there to represent his rights; therefore, this fact did not compromise his rights.

Continue reading "You Can Lose Your Georgia Workers Compensation Benefits If Your Get Another "Job" Says the Court in McNea v. Industrial Commission of Ohio" »

There are many critical questions to be considered when addressing a Georgia worker's compensation ("WC") claim. Downing v. Department of Transportation ("DOT") shows that it is important to have an experienced Georgia injury attorney as soon as you find you suffer an injury from your work duties.

One of the first questions that arise in a WC claims is, what classification of injury was sustained. There are two types of WC injuries, they are the gradual injury and the incident injury. The incident injury is one that occurs suddenly within the workplace, while gradual injuries are injuries that arise over time because of continuous motions associated with job activities.

Gradual injuries bring up a lot of complications in WC law, which is why the court in Downing goes into such detail regarding this hotly contested WC issues. The court affirms the idea that in a WC claim for gradual injury, the original cause of the injury does not have to be the employee's job duties however the job duties must be a substantial factor in creating the severity of the injury.

The next issue to discuss in a WC claim is whether the employee's injury arose during the course of employment. To prove this, there must be an identifiable and substantial causal connection between the actual injury suffered and the activities performed as part of the injured's employment.

Furthermore, fact finders meet some confusion when identifying the actual date of injury in a WC claim. Because of the nature of gradual injuries, this date of injury can sometimes be disputed. However, the dates that are usually considered in these cases, are the date when a treating medical professional actually diagnosed the employee with the medical condition or when the employee first sought medical attention because of the complaints from this gradual injury.

The court in Downing discusses all of these issues yet it focuses on one main issue in the claim; whether an injured employee can receive WC benefits in addition to their retirement benefits.

This case cites an important legal doctrine that controls this question. This doctrine is called the retirement presumption. Essentially this presumption states that an employee who has retired and is obtaining retirement benefits, cannot also collect WC benefits.

This decision comes because Downing suffered from gradual injuries arising from a pre-existing condition. Downing had spinal stenosis and because of the nature of his work as a laborer, this injury became severely worse. As cited above, in gradual injuries an employee can still collect WC benefits where their injury was pre-existing but aggravated by their work activities.

Subsequently, the pain in Downing's back, leg and hip was so relentless that he was forced to apply for retirement. Downing changed his mind about retirement and upon rescinding his application went back to work for the DOT for another year.

The court reaffirms that the crucial point in the conflict between the rules controlling WC benefit and retirement benefit is the original time of the retirement. This means that when Downing first applied for retirement, this triggered the retirement presumption. It is irrelevant that Downing soon after rescinded that same application.

After another year of working at the DOT, Downing then retired and began working part time for a different employer. After several years, Downing's pain reemerged and he was forced to have spinal fusion surgery. At that time, Downing was receiving benefits associated with his original injury however he applied for additional WC incapacity benefits and was denied.

The court in this case was led to address the issue of whether this man would be eligible to collect both WC benefits and retirement benefits. This determination was contingent on the retirement presumption.

Downing states that where an employee terminates their own employment and receives non-disability benefits from their employer, the employee is not entitled to WC benefits. Hence, when Downing retired from the DOT and accepted the retirement benefits, he barred himself from future WC benefits.

Because Downing was unable to prove that there was a "total physical inability to perform any work that would otherwise be suitable to the employee's qualifications, training and experience," Downing was unable to recover additional benefits through WC. See Costales, 832 A.2d 790.

When you are injured on the job, it is so important to know how your future actions can affect any benefits you are entitled to.

Continue reading "Retirement Presumption in Georgia Worker's Compensation Claims Addressed in Downing v. Department of Transportation" »

The intricacies of the law controlling work related injuries in Georgia are often overlooked until an injury is actually sustained. It is challenging to navigate through all the rules when you are injured and just need medical care. When you do not know whether to apply for workers compensation or insurance benefits, you need a knowledgeable Georgia workers' compensation attorney that can help you get the benefits you deserve.

On February 28, 2012 the First Circuit Court of Appeals decided that in Massachusetts a person cannot recover for work related injuries under both an employer's uninsured/ under-insured motorist (UIM) insurance coverage and Workman's Compensation, except where the employer "explicitly purchased" the UIM coverage with the intention of protecting their employees.

Baker v. St. Paul Travelers Ins. Co. Basically, in Massachusetts if your employer intended to protect you with the insurance they purchase then you are able to collect from both Workman's Compensation and the UIM insurance company. But if your employer buys the insurance coverage without the specific purpose of protecting their employees, then if you are injured while performing your job duties you cannot collect from the employers UIM insurance company.

The complexities of the law are also illustrated in third-party liability claims. In general, workers' compensation was created to reimburse employees for loss due to injury on the job, while protecting employers from lawsuits that could put them out of business. Thus in most cases a personal injury lawsuit cannot be brought against an employer. However, a subcontractor, third-party vendor, property owner or other at-fault party may be pursued via a third-party injury claim.

This case in point comes after an incident in December of 2002 when Heidi Baker, who was employed by Safety Source Northeast (Safety), was seriously injured in an automobile accident caused by a third party while she was performing her job duties. Baker collected Workman's Compensation benefits but the problem arose when she later tried to recover under the (UIM) provision of the automobile insurance policy her employer had with St. Paul Travelers Insurance Company (St. Paul). This victim did not know what benefits she was entitled to and was eager to get the help she needed for the injuries she sustained while doing her job. Do not let this be you.

State law says that in Massachusetts a person cannot recover for work related injuries under both an employer's UIM insurance coverage and Workman's Compensation except where the employer "explicitly purchased" the UIM coverage with the intention of protecting their employees. However, Safety's President testified that he is solely responsible for purchasing automobile insurance for the company, and he was "unaware" of the existence of the UIM coverage under the Safety policy. This testimony negates the required intent on the part of Safety to protect their employees. The case decision cited Baker as "grasping at straws" when she continue to argue even after she recognized that there was no direct evidence that Safety explicitly purchased the UIM coverage with the intention of protecting its employees. St. Paul Travelers Insurance Company won this case and it was held that Baker is not eligible to collect on both state Workman's Compensation and the employers UIM policy.

When injured in an accident at work you need trustworthy guidance from someone who knows the law and can advocate on your behalf. As in this case, many people are injured while working and they need help when confronted with the mounting medical bills lost wages and other costs associated with an on-the-job accident.

There is often confusion regarding coverage and what assistance you are entitled to. When driving is one of your job duties, be conscious of how your employer's policy and coverage applies to you. Without experienced legal counsel to help you navigate the confusion of insurance coverage and entitlements, assistance can seem daunting. When involved in a job related injury you need to know your state Workman's Compensation law and your insurance policy rules before you enter a claim.

We can help direct you through the process of requesting assistance for job-related injuries.

Continue reading "Baker v. St. Paul Travelers Insurance Company Warns of the Rules When Hurt on the Job" »

A former commercial airline pilot will be getting his job back soon, after officials with the Occupational Safety and Health Administration ordered AirTran Airways to reinstate the employee to his former position with the company. The airline's pilot was originally let go from his job after he reported a number of mechanical concerns. In addition to getting his job back, the company has been ordered to give the pilot over $1 million in back wages, compensatory damages and interest. Results from a Whistleblower Protection Program inspection concluded that the when the employee was fired, the company was using it as an act of retaliation by the employer and that AirTran was in fact violating OSHA's whistleblower provision. Firing or reprimanding employees who report work accidents in Georgia and elsewhere is unfair, unconstitutional and covered under workers compensation claims.

"Airline workers must be free to raise safety and security concerns, and companies that diminish those rights through intimidation or retaliation must be held accountable," said OSHA Assistant Secretary Dr. David Michaels.

Our Atlanta workers compensation attorneys understand that the AirTran employee was let go from his pilot position back in August 2007, pending an investigative hearing into the sudden increase in the number of reports from the employee regarding a number of mechanical problems he claimed to observe. The investigative hearing was held on September 6, 2007. This hearing lasted for only about 15 minutes. Just a week later, the pilot was let go from the company, saying he didn't adequately answer the company's questions on standards regarding the spike in concerns. Investigations from OSHA determined that the pilot didn't refuse to answer any of the questions and that the answers he provided were appropriate and that the dismissal of the pilot was retaliatory.

Those who raise safety concerns in the workplace are to be protected under workers' rights.

A whistleblower provision is enforced by OSHA. Within this provision OSHA has a number of ways to protect those who raise concerns regarding workplace safety. OSHA pushes 20 addition statutes to help to protect employees who speak out about trucking, health, nuclear, environmental, maritime, consumer, food, securities, safety, pipelines, rail, health care and product safety laws.

Retaliation from an employer can include:

-Getting fired.

-Being blacklisted.

-Being demoted.

-Being held back from receiving overtime or a deserved promotion.

-Unnecessary disciplining.

-Failing to receive deserved benefits.

-Failing to be hired to rehired.

-Being purposely intimidated.

-Receiving workplace threats.

-Cutting deserved pay or scheduled hours.

Workers who feel an employer has retaliated against them for raising safety concerns are asked to file a complaint with the secretary of labor to induce an investigation from OSHA officials. Call OSHA's regional office in Atlanta at (678) 237-0400 to report your concerns and seek support from an Atlanta workers compensation lawyer to help to ensure that you're properly compensated.

Continue reading "Pilot Fired After Voicing Concerns for Risks of Work Accidents in Georgia and Elsewhere" »

According to the U.S. Bureau of Labor Statistics, there were roughly 635 people killed because of fall-related work accidents in Atlanta and elsewhere in 2010. This is the most recent statistic released regarding these types of accidents. While this is about 10 fewer fall-related fatalities from the previous year, these on-the-job accidents still account for about 15 percent of all work accidents. The numbers are still far to high considering that they can be prevented by taking the proper safety precautions.

Our Georgia workers compensation attorneys are asking for all workers in Georgia and elsewhere throughout the nation to make a New Year's resolution to be safer on the job in 2012. It's a new year, and time to commit to safe working practices. By taking the proper safety precautions, we can all work together to reduce our risks for one of the most common work accidents in the country.

According to the Centers for Disease Control and Prevention (CDC), falls are a common hazard in any and all occupational settings. A work-related fall accident can happen during the simple task of climbing or walking a ladder to change a light bulb, as well as more dangerous circumstances like working in complex conditions like those that iron workers endure.

Most commonly, fatal fall accidents on the job happen to who work within the construction industry, which has the highest rate for fatal work-related fall accidents. Additionally, the healthcare industry and the those who work in the wholesale and retail industries experience the most fall accidents in which an injury results.

Common conditions that lead to on-the-job fall accidents:

-Slippery or wet floors.

-Cluttered areas.

-Unstable walkways.

-Unprotected edges.

-Floor holes.

-Ladders that are positioned improperly.

-Inadequate fall protection.

-Wall openings.

The federal government provides workers and employees with specific standards and recommendations that must be used to help to prevent these types of accidents. When work sites are not kept in a safe condition for employees, the Occupational Health and Safety Administration (OSHA) will step in to reprimand employers and to establish safer working conditions.

Every year, these types of accidents cost the country nearly $100 billion.

Our Georgia workers compensation lawyers are asking all employers and employees to work together to help to reduce the risks for fall accidents in 2012. While these accident have decreased with each passing year, there are still far too many workers injured and killed in these preventable accidents. If you think you're facing risks for a fall accident on the job, be sure to voice those concerns to a supervisor or the owner of the company. Fall accidents are completely preventable if everyone takes the proper safety precautions. Make 2012 the safest year yet!

Continue reading "Fall Accidents in Atlanta and Elsewhere a Top Concern in 2012" »

A Georgia company has been cited by the U.S. Department of Labor's Occupational Safety & Health Administration for allegedly exposing workers to potential fall hazards on a construction site.

Georgia workers are entitled to work in a safe environment and their companies are required to make that happen. There are local, state and federal regulations they must follow in setting up work sites throughout the state. Failure to adhere to these rules can lead to major fines, as in this case.

But for some workers, their company's failure to adhere to these rules can not only cost fines, but lead to serious work injuries that can result in Georgia workers' compensation claims. Our Georgia work injury lawyers recognize that workers are injured on the job because their companies fail to properly keep them safe, exposing them to potentially deadly outcomes in the wrong situation.

In this case, Hutchinson Stucco Inc. of Brunswick, Georgia, was cited for 11 safety violations after OSHA officials inspected a work site. Workers were exposed to potential fall hazards, the government agency states, while they worked on a three-story building. The agency has proposed penalties of $62,200 for the alleged violations.

At issue in this case is an allegation that the company required workers to use a scaffolding system that officials said wasn't fully planked, had missing base plates and guardrails, was built by a person who wasn't fully trained or prepared to do it and which had no safety net.

OSHA officials allege that these offenses were repeat violations that resulted in $54,000 in fines to the company. On top of the violation regarding the scaffolding, authorities allege company officials didn't have a safety data sheet available to workers who were mixing and applying stucco cement. Workers were allowed to opt out of using head protection and employees who mixed chemicals weren't trained in hazardous chemicals.

OSHA officials cited the company for similar violations in April 2008, meaning they qualify as repeat violations. Two serious violations alleged by the agency relate to failing to have a ladder on the scaffolding to act as an exit and allowing their employees to work on scaffolding with planks directly attached to the roof without a fall protection system set up.

Workers were constructing a three-story building on St. Simons Island, the agency reports. The company has two weeks to comply, request a conference with OSHA's regional director or contest the findings before a panel.

These are serious violations because fall accidents from faulty scaffolding are fairly common. Construction workers are acutely aware that working on an unstable platform while trying to perform detail-oriented work is a bad combination. Scaffolding that can collapse can lead not only to serious injuries, but possible death. This is unacceptable. Companies must ensure their workers are protected from fall hazards on Georgia work sites.

Continue reading "Georgia Company Cited For Exposing Employees to Fall Hazards, Possible Georgia Work Accidents" »

A worker from Centerville recently lost his leg in a Georgia work accident. It all happened just after 6 a.m. when a vehicle struck the back of a garbage truck, which he was riding on the back of, according to The Sun News. The accident took place on South Houston Lake Road just north of Thomson Road.

The worker and the driver of the SUV that slammed into the back of the garbage truck were transported to Medical Center of Central Georgia. According to Centerville police Maj. Garrett Cooley, the worker's leg was amputated at the scene of the accident after he was pinned between the two vehicles. The truck is owned by Centerville Sanitation, which is the private company that is contracted by the city of Centerville. Officers are investigating the accident.

Our Georgia workers' compensation attorneys understand that solid waste collection continues to rank as the fifth most dangerous job in the state. This occupation produces an alarmingly high rate of fatalities every year. According to the U.S. Bureau of Labor Statistics, about 60 workers die in this field every year. Every year, the industry experienced more and more fatalities.

"NSWMA will be exploring the reasons for the increase in reported fatalities. NSWMA will redouble its efforts to prevent fatal accidents, including the release of an updated Safety Manual in 2012," said David Biderman, the Safety Director for the National Solid Wastes Management Association (NSWMA).

The Occupational Safety and Health Administration (OSHA) offers these tips to workers who work in solid waste management and on garbage trucks:

-Employees should ride only in the vehicle's cab or on the steps that have been specifically designed for riding.

-Employees should only ride on the steps when making short trips and when riding at a speed under 10 miles per hour.

-Stay in or on the vehicle until it has come to a complete stop.

-Drivers should make sure that there are no riders on the back of the truck when the vehicle is reversing, driving over 10 miles an hour or traveling farther than 0.2 miles.

-All riding steps should be slip-resistant surfaces.

-Riders should be provided with handles that can withstand 500 pounds.

-All vehicles should have warnings posted above or on the riding steps that remind riders of the safety rules.

-All vehicles should come with an audible warning device that sounds off when the vehicle is operating in reverse.

Additional safety tips from the National Solid Waste Management Association's (NSWMA) Manual of Recommended Safety Practices:

-Drivers and workers should keep visual contact with one another at all times, especially when backing up.

-Drivers should continuously check mirrors when reversing.

-Drivers should use the assistance of a spotter when backing up for help with blind spots.

-Drivers should use hand signals when reversing.

-Stop the truck if the spotter needs to move.

-Stop moving the vehicle if the spotter is lost.

-All workers should move away from the vehicle when it's backing up.

Motorists are asked to be cautious when driving near these vehicles. Solid waste management workers face high risks for traffic-related accidents and passing motorists need to practice extreme caution when driving near.

Continue reading "Georgia Work Accident Causes Centerville Worker His Leg" »

We noted in a previous post on our Georgia Workers' Compensation Attorney Blog that several industries nationwide marked an increase in workplace fatalities in 2010, including private mining and law enforcement. Assaults and violence in Georgia workplaces accounted for the highest number of occupational deaths in our state last year.

Atlanta work injury and illness lawyers understand that employers find it challenging to keep employees from getting injured at work, but employers have obligations to keep workers safe.

One area that needs improvement by all employers nationwide is recordkeeping. In a recent U.S. Department of Labor statement, Secretary Hilda L. Solis indicated that accurate records of employee injuries and illnesses can not only help identify and fix systematic issues in the workplace but it can also help employees not to fear consequences of losing their job if they report an incident at work. In this economy when jobs are hard to find, employees may be keeping their lips sealed for fear of being let go from their duties.

Georgia employees need not fear losing their job when reporting an accident at work. Getting sound advice from an experienced workers' compensation attorney may ease the stress if you are injured at work or come into contact with a hazardous chemical or substance while on the employer's watch.

We are also aware of the 2010 occupational injury and illness summary recently released by the Bureau of Labor Statistics, and the numbers aren't good. As a matter of fact, they virtually remained unchanged from 2009 reporting more than 3 million nonfatal illnesses and injuries in the private industry sector.

Some interesting findings from the 2010 summary:

-Injuries are much more predominant in the private industry sector workplace than illnesses with a 95 to 5 percent ratio of occurrences.

-More than 1.5 million of the nearly 3.1 million private industry illness and injury cases reported were critical enough to require a job transfer, restricted duties or missed time from work.

-DART cases (those requiring lost time from work, a job transfer or limited duties at work) occurred at a rate of 1.8 cases per 100 full-time equivalent employees in 2010, which was the same as those reported the previous year.

-Non-DART cases in 2010 (those considered less severe and not requiring one of the three scenarios listed above) occurred at a rate of 1.7 cases per 100 full-time employees, which was slightly less than the 1.8 reported in 2009.

-Small work establishments are classified as 10 employees or less and mid-size establishments employ anywhere from 50 to 249 employees at a time. When comparing private industry work sites that reported the most cases of illnesses and injuries, mid-size establishments reported the most cases in the private industry sector and small establishment reported the fewest number of cases.

-The service-providing industry reported 2.2 million occupational injuries, which equates to roughly a little more than 75 percent of the injuries in the private sector for 2010. The goods-producing industry reported the next highest number of recordable injury cases in 2010.

-The goods-producing industry reported 29.1 illness cases per 10,000 full-time workers in 2009. In 2010, the incidence rate grew to 31.8 and accounted for 36 percent of all illness cases recorded at work in any industry.

-Of all the goods-producing industries, the manufacturing industry was the highest sub-sector to report illness cases in 2010. The 2010 incidence rate was 41.9 illness cases per 10,000 full-time equivalent workers.

-Local and state government employees reported 5.7 illness and injury cases per 100 full-time workers or approximately 820,300 cases overall in 2010.

-Approximately 4 out of every 5 illnesses and injuries in the public sector in 2010 were local government workers. The incidence rate was significantly higher for local government workers in 2010 than state government workers at 6.1 cases to 4.6 cases per 100 full-time employees respectively.

Continue reading "Accurate Recordkeeping Can Help Fix Workplace Safety Issues in Georgia" »

We posted previously on our Georgia Workers' Compensation Attorney Blog that there were 4,500 work-related deaths in 2010. Translation: work accidents in Georgia and nationwide are killing workers at a rate of 3.5 per 100,000 full-time equivalent employees on average, and roughly 12 workers are losing their lives every single day while at work.

According to U.S. Department of Labor's Bureau of Labor Statistics 2010 Workplace Illness and Injury report recently released, employers are reporting illness and injuries pretty frequently too. In 2010, there were almost 3.1 million illnesses and injuries reported among private industry employers that did not result in fatality.

Our Workers' Compensation attorneys in Atlanta can't help but wonder how many workplace injuries or illnesses go unreported because an employee is either scared to report, thinks an injury is minor and doesn't need reporting, or employers try to cover up an illness or injury so they can continue to exhibit an impeccable record. We urge workers to always report or get medical attention for work injuries, no matter how insignificant they may seem. You never know what can come from these health issues weeks, months or even years down the road.

We find these key findings worth mentioning:

-In 2009, the incidence rate of cases per 100 full-time equivalent employees was 3.6. In 2010, there was a slight improvement to 3.5 cases per 100 workers.

-Total recordable cases with regard to incidence rates combining illness and injuries for private industry job sites declined significantly.

-Healthcare and social assistance employees recorded a rate of 5.2 cases per 100 full-time employees for illnesses and injuries in 2010. This was a slight improvement from the 2009 rate of cases, which was 5.4. Interestingly, we note health care and social assistance was the only private industry sector that reported more job growth and hours worked in 2010 than in 2009.

-The manufacturing industry reported 4.3 cases per 100 full-time employees in 2009. In 2010, the rate of cases increased to 4.4. The manufacturing industry was the only private industry sector to show an increase in incidence rates from one year to the next when reporting illness and injuries. This likely is a result of fewer hours worked rather than fewer illness and injury cases being reported.

-There was a 7 percent decrease in total recordable cases in the private construction industry sector in 2010. The incident rate changed from 4.0 cases per 100 full-time equivalent workers in 2010 from 4.3 in 2009. Specialty trade laborers showed a similar decrease reporting 4.3 cases in 2010, which was a .3 decrease from the previous year. We surmise that the decrease in specialty trade contractors had much to do with the overall decrease in the private construction industry.

-State and federal government workers reported incidence rates of 5.7 cases of illness and injuries per 100 full-time equivalent employees. There are over 18 million workers in the national public sector.

-The incidence rate for illness cases overall showed minimal change from 2009 to last year but poisoning was one category that reported an increase. There were 3 reported cases of poisoning for every 10,000 full-time employees in 2010.

Continue reading "Reportable Illnesses and Injuries at Work a Concern for Workers' Compensation Lawyers in Atlanta, Statewide" »

There are three new guidance products that have been released by the Occupational Safety and Health Administration (OSHA) to help educate employers and employees about the dangers that trenching workers face. Some of the deadliest work accidents in Georgia and elsewhere that are experienced by the construction industry happen in unprotected trenches. There were more than 200 fatal work accidents from trench cave-ins since 2003. Hundreds more workers were injured in these accidents during the same time. OSHA concludes that many of these accidents could have been prevented. Carelessness on the job leads to injured workers.

"No worker's life should end in a trench. Cave-ins during excavations are some of the most common and grisliest causes of worker fatalities in construction, yet they are entirely preventable," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels.

Our Atlanta workers compensation attorneys understand that there are large amounts of trenching violations that continue to occur within this industry. Workers are urged to report any violations to project managers and to OSHA to help ensure work site safety. An attorney can play a key role in fighting for your rights if you or a loved one has been injured in one of these accidents.

The new educational material that OSHA has provided will be used to help educate employers about the vital precautionary steps that must be taken throughout these types of projects. Employers are urged to review this information and to share it with supervisors and employees to help reduce a risk for a trenching accident. Many trenching accidents are preventable when proper safety precautions are taken.

The three new guidance products:

-"Trenching and Excavation:" This fact sheet provides an overview of a number of dangers that a trenching worker can face. It also provides workers and employers with safety precautions to help prevent accidents.

-"Working Safely in Trenches:" This QuickCard is a simple guide to work against safety hazards.

-"Do Not Enter an Unprotected Trench!:" This is a poster that can be used in workplaces to help educate employees about preventative safety measures to use to make sure everyone is safe near and in a trench.

According to the U.S. Bureau of Labor Statistics, there were more than 270 workers who died from a trenching or an excavation cave-in from 2000 through 2006.

Although the dangers associated with trenching and excavation are typically preventable, we continue to see far too many injuries and fatalities in this field or work. These accidents can be prevented by safe work practices, protective equipment and engineering controls.

Continue reading "New OSHA Materials to Help Prevent Fatal Trenching Accidents in Atlanta and Elsewhere" »

Because a worker fell off of a Ferris wheel, a Georgia company is facing fines of more than $27,000, according to FOX 8.

The carnival accident happened back in May at the Greensboro carnival. According to the Greensboro News & Record, Event Coordinators Inc., which is located in Augusta, has been issued a dozen citations from the North Carolina Department of Labor. The company was also issued one non-serious violation for violating the Occupational Safety and Health Act of North Carolina. Each fine ranges between $900 and $3,500. The company has 15 days to either appeal the citations or to pay the fines.

Companies are required to provide safe equipment and material for customers, but in doing so its required to keep workers safe and to prevent work accidents in Georgia and elsewhere. Federal law requires that all of the proper safety precautions are taken to avoid such accidents. If an injury results from a work hazard, the Occupational Safety & Health Administration will step in to investigate the scene. If hazards were failed to be addressed, companies and employers can face a number of serious violations, citations and fines.

Our Atlanta workers compensation lawyers report that the man who was killed after falling off of this Ferris wheel at the Greensboro Youth Council's yearly carnival was a 42-year-old employee from Columbus, Georgia. The carnival was held this year at the Greensboro Coliseum Complex. Carnival workers are used to working under time restrictions, but must be cautious and careful when assembling and taking down equipment as this is the time when the most accidents occur.

The man was killed as he was taking apart the Ferris wheel as the carnival was packing up. A second worker was injured during the incident. According to local officials, one of the fittings on the wheel's wire cable that is used to disassemble the ride failed.

Reports indicate that the Columbus worker fell more than 40 feet to the paved ground after a portion of the wheel came free and hit a nearby walkway. The other worker who was injured in the incident reportedly fell nearly 30 feet after the loose part struck an elevated basket on the wheel.

"The penalties are in no way designed to make up for loss of life," said a spokesman for the Labor Department, Neal O'Briant, Labor Department Spokesman. He reports that the money collected from the fines will be given to the Civil Penalty and Forfeiture Fund, which provides funds to public schools in the area.

Under the Occupational Safety and Health Act of 1970, employees and representatives have the legal right to file a complaint and request that OSHA look into complaints and conduct an inspection of the work site. A complaint may be filed if an employee feels that there is a serious hazard that an employer may be neglecting to recognize or address. Under the Act, the name of the person who filed the complaint is not released to help protect their identity from employers and to encourage more people to step up and address these concerns.

Employees should not fear voicing concerns regarding a work-related hazard. It is against federal law for an employer to take any retaliating action again an employee who speaks out. Employers are prohibited from demoting, transferring, firing or discriminating against any employees who files a complaint.

Visit OSHA's complaint web page to fill out a form regarding a work-related hazard that you've witnessed. Your concern can help to prevent an injury or to save a life.

Continue reading "Carnival Company Fined After Fatal Work Accident that Killed Georgia Employee" »