Georgia Workers Compensation Attorney Blog

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" »

In the wake of tornadoes that swept the country early this month, claiming more than two dozen lives and carving a path of destruction that will take years to rebuild, the U.S. government is urging certain precautions be taken by employers to promote job safety in Georgia and across the country.

Our Georgia workers' compensation attorneys do know that natural disasters can't be prevented. If a tornado has a mind to rip through your neighborhood, there's nothing that can be done to stop it.

However, what can be done - and what the Occupational Health & Safety Administration is promoting - is having adequate preparation for such an event, as well as a planned response.

The first thing businesses can do is work on an emergency plan. This is going to include everything workers need to know about where they can take shelter, how to make sure everyone is accounted for and how to approach any hazardous materials they may encounter during or after the disaster. It's also typically recommended that companies develop an action plan for workers' families as well.

With regard to identifying the best shelter from a tornado, employers should first identify whether there is an underground space available. If not, find a small space in an interior hallway or room on the lowest floor available. Steer clear of doors, windows and walls. Staying in the center of the room - as opposed to the corners - can help you avoid getting caught in debris. If possible, find a room that is reinforced with concrete that has no windows and a heavy roof system overhead.

If your workers are caught outside, this could be a deadly scenario. The best option would be to find shelter in a sturdy basement or building. If you can't locate one that workers could easily walk to, instruct workers to get in a vehicle and drive to the nearest shelter. If it's too late, either stay in the vehicle, seat belt on, cover your head with your arms and stay below the windows. Or, employees could get out, lie in a ditch or other low area with hands covering head.

Back inside the office, you'll want to have a system already in place to figure out who is accounted for and who might be missing.

Offer emergency supply kits that would be easily accessible in the shelter.

Whatever plan is developed, it's important that workers are kept updated on it. They should be trained to know how to handle such an emergency. Make sure everyone knows the difference between a tornado watch (conditions are ripe for such a storm) and a tornado warning (a tornado has been spotted - get to shelter immediately).

Other signs that a tornado is approaching include: very dark, sometimes green clouds; a cloud of debris; sizable hail; a funnel cloud; roaring noise.

In the immediate aftermath of a tornado, make sure your employees watch out for things like:

• Dangerous driving conditions;


• Objects that are liable to fall, such as poles or tree limbs;


• Sharp objects, particularly broken glass or nails;


• Fire due to equipment failure;


• Exhaustion spurred by working longer shifts;


• Dehydration.

Continue reading "Georgia Job Safety Promoted Following Deadly Tornadoes" »

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 safety outreach program at residential construction sites, created by a federal oversight agency, has been extended for several months in an effort to reduce construction accidents in Atlanta and across the country.

According to a release from the U.S. Occupational Safety and Health Administration (or OSHA), the agency had dedicated a large number of resources to preventing falls within the residential construction industry.

As our Atlanta workers compensation attorneys understand, construction site falls are among the leading causes of work-related injuries in Georgia and throughout the U.S.
That's why in September of last year, OSHA pumped up its enforcement efforts regarding fall hazards on construction sites, particularly residential projects, such as houses, condos and nursing homes.

Essentially, what it meant for a number of construction companies was that the agency would provide free assistance on-site to help each employer make sure it was meeting OSHA's updated standards.

It also offered a reduction on fines and penalties if the company was making a good faith effort to update its safety policies and conditions. In fact, companies were specifically given 30 days to fix fall hazards. If there was a serious injury or fatality that happened during those 30 days, the company wouldn't be off the hook, but the whole idea was to give companies time to come into compliance, and ultimately keep workers safer in the long run.

The effort also implemented certain guidelines that would make it easier for companies to be more consistent in matters of safety, and particularly in preventing fall hazards.

This increased enforcement effort was intended to run through the middle of March. Now, OSHA says they are extending the efforts through the middle of September - so the program will run for a year total.

Within the last several months, OSHA said it has held more than 1,000 outreach session across the country, with the goal of helping employers comply with more stringent safety rules.

OSHA has a long list of rules that dictate what measures a construction company has to take in order to keep its workers safe from a fall. Those include the requirement that for any worker who is engaging in work more than 15 feet off the ground has to be protected by a guardrail, safety net or some other fall restraint device. For construction workers who are doing their job on multi-story buildings, there must be safety cables installed around the interior and exteriors of the floors, as soon as metal decking has been laid down. Plus, employees working with connectors (which they should be if the structure is more than two stories high), need to be trained in how to use them.

Training for employees is also key in preventing construction falls in Atlanta. Employers are required to organize the training for their workers. That training has to cover the following areas:

1. Identifying fall hazards.
2. Using guardrail systems.
3. The correct way to put up, maintain and inspect all fall protection systems.
4. Procedures to prevent lower-level falls.
5. Proper safety gear.

Continue reading "Atlanta Work Hazards Reduced by OSHA Outreach Program" »

Publix grocery store, with 182 locations in Georgia alone, has been fined almost $200,000 for alleged work safety hazards in Georgia and Florida.

Most recently, an employee lost a hand after alleged negligence at one of the locations.

Our Atlanta workers compensation attorneys understand that due to a host of violations at various stores across the country (including in Georgia), the grocery chain has been placed on the Severe Violator Enforcement Program with the U.S. Department of Occupational Safety and Health Administration. That's according to the Financial News & Daily Record.

Media reports indicate that this latest incident happened at a distribution center in Jacksonville on West Beaver Street. The employee had been cleaning equipment when his hand was sliced off.

OSHA has said that the incident would not have occurred had Publix taken certain precautions. Publix officials disagree, and say they plan to fight the government agency's decision.

While it is true that some accidents may not be foreseeable or preventable, oftentimes a company is aware of certain safety risks, yet chooses not to address them because to do so would require time and money they do not wish to spend.

In this case, the complaint was first made in September.

OSHA's Jacksonville-area director, Brian Sturtecky, said that Public officials knew about the risks to which its cleaning crew was being exposed. And yet, it didn't take any action to keep its employees safe from harm, which could have been as simple as implementing controls on the conveyor equipment's source of energy.

Sturtecky said opening up the possibility of having a limb amputated is absolutely unacceptable, and further, that action has to be taken immediately.

OSHA said one of the grocery chain's violations was "willful," which essentially means that the company broke the rules knowingly, and with a total disregard for the law. That is going to cost them a penalty of about $70,000.

Additionally, the store had two repeat violations. Those could result in a fine of about $66,000. Those include a failure to use or even have a procedure for lockout-/tagout and the failure to conduct a yearly inspection of the energy control procedures. The store was cited for the exact same offense in Georgia four years ago.

Another six violations are considered serious, and could result in fines of nearly $40,000 for not properly training employees on a number of safety issues. Another six violations, which include things like improper documentation and paperwork, could bring a fine of nearly $7,000.

The store has half a month from the time it received these notices to comply with the federal agency's request to either pay the fines or fight back on the allegations.
A company spokesman told the Daily Record that the store does maintain a safe working environment, and it plans to appeal the findings. He added, however, that the store intends to address any issues that could have been a contributing factor in the instance where an employee lost his hand, which he called "an unfortunate incident."

Continue reading "Work Hazards in Atlanta Named in Publix Citation " »

K.M. Davis Contracting Co. Inc. of Marietta was recently cited by the Occupational Safety and Health Administration (OSHA) for failing to take the appropriate measures to help reduce the risks of work-related injuries in Georgia. In total, the company faces proposed fines of nearly $55,000. The company was observed disregarding OSHA's workplace safety standards.

The violation was discovered by officials after OSHA inspected the site back in August. The work site inspection was conducted as a part of OSHA's national emphasis program on trenching and excavations. The company was contracted by the city of Marietta to put in fire hydrants and install nearly 3,000 feet of water lines along North Cobb Parkway.

Our Atlanta workers compensation attorneys understand that trench-related work accidents can be some of the most catastrophic of any industry. For this reason, there are a number of standards that trenching and excavating companies must meet to help ensure the safety of its employees. K.M. Davis Contracting Co. Inc. was busted for violating these national standards.

In the violation discovered by OSHA, employees were allowed to work in a trench that was nearly 10 feet deep that didn't have cave-in protection. This violation was categorized as a willful violation, meaning that the employer knew about it or should have known about it and disregarded the law.

In other words, the management was aware of the potential hazards to employees in the trench, but flagrantly ignored those hazards.

Under the current standards laid out by OSHA, employers are required to make sure all excavation and trenching projects which are done at a level of 5 feet or deeper be protected against cave-ins or collapses.

According to the Trenching and Excavating page on OSHA's website, excavating and trenching is easily one of the most dangerous and hazardous of construction operations. The safety standards were recently revised to help to make it easier for employers to understand and to protect workers in this field.

The top danger for workers in trenching and excavating projects is collapse. To help reduce the risks of a cave-in or a collapse, employers are required to conduct an analysis on the soil to figure out shoring, benching and sloping.

It's also important to keep an eye on the placement of heavy machinery, work materials and work-related traffic near the work site. Employers and employees also want to be cautious of natural gases and various electrical hazards stemming from power lines located underground.

K.M. Davis Contracting Co. Inc. can either pay the proposed penalties, request a conference with the area director or contest the investigation's findings. Regardless, they have 15 business days to do so.

Continue reading "Company Cited For Risking Employee Safety in Georgia" »

There are 17 new videos released recently by the Occupational Safety and Health Administration (OSHA) to help to educate workers about the proper way to use respirators on the job. Educating yourself on the use of these devices can help to reduce the risk of a work-related injury in Georgia and elsewhere.

There are nine videos in English and eight videos in Spanish. Our Atlanta workers compensation attorneys encourage you to view these videos if you work in the construction industry. Some of the topics discussed in these videos are fit-testing, training, use and detecting counterfeit respirators. They're even available with closed captioning.

There's even a page on the Safety and Health topics page regarding Respiratory Protection on OSHA's website. This page offers the information on the hazards associated with these industries, various training materials and details on the Respiratory Protection Standard.

Every year, there are about 5 million employees who have to wear respirators on the job. These workers occupy nearly 1.5 million work areas in the country. These respirators are used to protect employees against insufficient oxygen levels, gases, mists, smoke, harmful dusts, sprays and vapors. Some of these work environment hazards can potentially cause lung impairment, cancer, a number of other diseases and even death.

Employers are required to comply with OSHA's respiratory Protection Standard. Officials believe that this standard helps to reduce the risk of hundreds of deaths and thousands of injuries and illnesses every year.

Respirators are specially designed to provide clean and filtered air to workers. The respirators work by filtering out the dangerous particles from the air that a worker might inhale.

Employees who have beards should be careful when using a respirator. If there is any chance your facial hair could somehow break the seal and allow unfiltered air into your lungs, there's a problem. Beards and sideburns can cause outside air to make it to the employee before being filtered correctly, increasing the injury risk.

If you're required to wear a respirator on the job, trim your facial hair so that it doesn't interfere with the seal.

You also want to make sure your mask isn't loose. You want a tight-fitting face mask to ensure outside air is making its way in.

Employees are urged to review the new videos and material that was recently released by OSHA. This information can help you stay safe on the job and avoid any unnecessary injuries or death. If you feel that there's a problem with work safety at your job, speak up! Point out hazards you observe to help to reduce the risks of an accident.

Continue reading "Respirator Info Available to Help Reduce Risks of Illness and Injury on the Job in Georgia, Nation" »

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" »

Potential work accidents in Georgia are catching the eyes of officials with the Occupational Safety & Health Administration (OSHA). Recently, there were two Georgia companies, Coleman Natural Foods and NuTech Powder Coaters LLC, that were inspected, cited and fined for a number of alleged serious work hazards and failing to properly protect employees on the job.

Our Georgia workers compensation lawyers would first like to address the findings from the Coleman Natural Foods inspection. This company was given eight violations at its plant in Braselton. These citations came with proposed fines totaling more than $142,000. This inspection was initiated after OSHA received a complaint regard the company's safety hazards in July.

Oftentimes, inspections are conducted after OSHA catches wind of an irresponsible employer who fails to keep the work place safe for all employees. These types of reported tips can be provided to officials from concerned workers. If you feel that your safety is at jeopardy on the job, you are urged to report your concerns to your regional OSHA office.

Coleman Natural Foods Citations:

-Neglecting to install machine guards on equipment in which employees could be injured by moving parts.

-Failing to seal off electrical enclosures to help to avoid any type of corrosion.

-Failing to offer adequate strain relief on electrical components.

-Not providing an ammonia detector to sniff out gas unsafe amounts of gas that has been released into in the air.

-Not providing the proper training to employees who work among hazardous materials.

-Not fixing hydraulic fluid leaks that were started by slippery floors.

-Machine guards were not provided.

-The fire extinguishers on the premise were not regularly inspected.

The second inspection of unsafe Georgia workplaces was of the Newnan facility of NuTech Powder Coaters LLC. This company was issued 20 citations by OSHA for failing to keep work places safe for all employees. These various citations came with a combined proposed fine of more than $55,000. The inspection in which OSHA officials discovered these violations happened after a previous inspection in August.

NuTech Powder Coaters LLC Citations:

-Neglecting to ensure employees were provided with and using the proper protective clothing for working in dangerous conditions.

-Failing to provide workers with the proper eyewash/shower unit for those who had been exposed to corrosive materials.

-Neglecting to create and implement a confined space program.

-Failing to post permit-required confined space signage.

-Letting powder coating material to gather.

-Exposing employees to electronic, fall and other combustible dust hazards.

-Failing to create a respiratory protection program.

"Companies of all sizes must take their responsibilities seriously when it comes to workers' safety and health, and implement controls that ensure all employees are protected from hazards," said Andre Richards, director of OSHA.

Continue reading "Georgia Worker Accidents on OSHA's Radar" »

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" »

The recent cold snap highlights the risks faced by those working outdoors, and the fact that Georgia employees are not immune. As far south as Naples, the temperature has dropped into the 30s. Some municipalities have opened emergency shelters. Employees may be at increase risk of a Georgia work accident or injury while on the job.

Our Atlanta workers' compensation attorneys understand the risks. In fact, many Georgia employees and residents may be at higher risk, even at milder temperatures. Many work crews lack the proper equipment to work in the cold, are not accustomed to freezing temperatures, and lack the knowledge necessary to stay safe in frigid weather.

The Centers for Disease Control and Prevention reports cold stress may set in at temperatures above freezing, particularly in warmer clients where employees may be unaccustomed to dealing with frigid temperatures. Near freezing temperature and increasing wind speeds can cause rapid heat depletion from the body. Those most at risk are employees without shelter, outdoor workers and those working in buildings without proper insulation, such as metal fabricated shops, barns or warehouses.

Hypothermia can occur when the body loses heat faster than it can be reproduced. Prolonged exposure to cold saps the body of energy stores and the ability to maintain core body temperature. Hypothermia sets in when low body temperature begins to affect the brain. Thinking and movement begin to slow. And the risk of external injury increases as well as the health consequences associated with hypothermia.

Symptoms include shivering and loss of concentration and coordination. Ultimately, slowed pulse, breathing and loss of consciousness may result.

Frostbite is caused by freezing; symptoms include a loss of color to the affected area. Ears, nose, fingers and toes are most often affected. Severe cases can require amputation.

Trench foot occurs with lengthy exposure to cold and wet conditions. It can occur in temperatures as high as 60 degrees in wet conditions, which exacerbate heat loss.

Employers can do their part to help prevent injury to workers due to cold-weather working conditions.

-Schedule outdoor tasks for the warmer parts of the day, or year.

-Reduce the demands on workers by using relief workers, reducing workload, etc.

-Provide plenty of liquids and plenty of rest.

-Monitor workers for fatigue or other adverse symptoms.

-Provide proper training, first aid and preventive measures.

Employees should wear proper clothing, dress in layers and avoid tight-fitting clothing, which can reduce blood flow and circulation. Particular attention should be paid to protecting ears, face, hands and feet. Waterproof and insulated boots are ideal.

Workers should also take plenty of breaks in a warm location, limit the amount of time spent outdoors and drink plenty of liquids.

Continue reading "Cold Weather Increases Risk of Georgia Work Injuries " »

Many workers -- regardless of industry -- can be at risk for a potential chemical spill, which could lead to a catastrophic Georgia work injury.

In situations where employees end up with a major injury due to chemical spills, it may be necessary for our Atlanta workers' compensation lawyers to assist you in your time of need. Major injuries typically require medical attention, which may be extremely expensive, especially given our nation's rising healthcare costs.

In cases like this, employers may attempt to cut corners in order to save money. This is unacceptable. Corporations are required to have insurance to cover for such accidents and yet they will attempt to fight a workers' compensation claim with the employee.

Every employee has the right to work in a safe environment and certainly one where precautions are taken to avoid major chemical accidents at work. And if accidents do happen, a workers' compensation claim may be necessary in order to prevent these accidents.

The Thomaston Times reminded us recently that emergency crews are among the type of employees who are at constant risk of being exposed to a chemical accident. Firefighters respond every day to traffic accidents where car batteries explode or fluids are leaking from a vehicle that has just been mangled. And in some cases, the cars are ready to explode when the liquids and heat from a running engine combine.

Emergency crews recently put together a scenario that helps train emergency crews how to handle a chemical disaster. Law enforcement, firefighters, emergency medical responders, medical personnel and emergency management officials participated in the recent training.

The scenario involved a private vehicle crashing with a tanker that was carrying highly toxic hydrogen peroxide. Hospital staffers were tested on their ability to properly respond to a flood of patients in a short time. Emergency crews were required to respond to and treat patients at the scene by diagnosing their injuries and keeping them and themselves safe from the chemicals.

In another story, a Georgia college student was severely injured last April when the airbags in her vehicle deployed without a crash and flying metal severed her neck artery. The injuries required surgeries and caused her to suffer strokes, USA Today reports. This reminds us that those in the manufacturing fields, where chemicals are used every day, are especially at risk.

Chemicals may be used in that worker's profession or they may simply be in the office for other reasons. Either way, they can cause problems. A splash in the face can cause major eye trauma or blindness, while exposure to skin or breathing in certain chemicals can cause employees to have other forms of medical problems.

Companies must adhere to safety protocols and give employees proper training to prevent accidents. Many cases of at-work injuries happen because untrained workers cause accidents. With proper training, more workplace injuries in Georgia could be prevented.

Continue reading "Atlanta Chemical Spills Put Workers At Risk For Serious Injury" »

Imagine just simply doing your job -- a typical day at the office or on the job site, but everything changes in an instant when your eyes are injured by chemicals or something falling.

A person who loses his or her eyesight in a Georgia workplace accident can have their lives altered forever. This type of catastrophic work injury can require the need for a workers' compensation claim in Georgia in order for the worker to get the care they need to recover from such an ailment.

Our Georgia workers' compensation lawyers can't help but cringe when we hear about workers in our community who are injured and lose their eyesight. It is one of our five perhaps we most rely upon for survival, but we take it for granted.

For those who have had it and lost it, they know how important being able to see is. According to the Centers for Disease Control and Prevention, nearly 2,000 people each day in the United States suffer from a work-related eye injury.

Nearly one in three of these eye injuries require hospital emergency room visits and nearly five percent result in time lost at work. Most of these injuries are a result of airborne particles that cause major irritation or cuts that can cause permanent injuries. The most common are metal slivers, wood chips, cement chips and dust that break off from the use of power tools.

Critically important to preventing these injuries are the use of eye protection, including goggles or sturdy masks that cover the entire face, such as those used by welders. The eyes can also be exposed to catching infectious diseases, especially those working in laboratories, with animals and in health care settings. The eyes are particularly susceptible to catching illnesses.

Here are some tips to keeping your eyes safe at work:

• Create a safe work environment by minimizing debris, ensuring tools work correctly and workers know how to use them. Keep non-workers outside of the area.
• Look over safety hazards and identify where improvements can be made.
• Make sure the correct eye and face protection is used for the job at hand. Determine that the protection is in good condition and not susceptible to breaking while a power tool is in use.
• Take the right approach to keeping your eyes safe by cleaning off eye protection, the face, hair and forehead before removing the protection to ensure debris don't fall down; don't rub your eyes with dirty clothing and take steps to clean the eyewear regularly.
• Make sure there's an eye wash station nearby and available to all workers in case of emergency.

While work emergencies such as eye injuries are typically considered risks that construction workers take, these can happen at any business. Every office probably has some type of hazardous chemicals that can lead to injuries, so take proper precautions.

Continue reading "Eye Safety Critical at Georgia Work Sites in Order to Keep Employees Injury-Free" »

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" »