July 24, 2013

New App in Preventing Atlanta Work Accidents

Falls can be some of the most devastating work accidents in any field. Unfortunately, they continue to be a persistent hazard found in all kinds of occupations. According to the Centers for Disease Control and Prevention (CDC), these kinds of accidents can happen when a worker is merely walking or climbing a ladder -- in a department store or high up on a construction site.
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The Bureau of Labor Statistics reports that, in 2009, there were close to 610 workers killed on the job and another 213,000 seriously injured as a result of fall accidents to the same or lower level.

Our Atlanta work accident attorneys understand that the highest frequency of fall-related deaths was experienced by those working in the construction industry. On the other hand, the highest number of nonfatal injuries resulting from falls come from those in the health services and the wholesale and retail industries. But the risks don't stop there -- as virtually all workers in all industries are at some risk for these kinds of accidents.

Now, there is a new app, available for iPhone and Andriod, that's going to help to eliminate these risks. This new app comes with a multimodal indicator and a graphic-oriented guide for choosing the right ladder for the job while helping to inspect it for hazards, position it for the safest use, and ensuring the proper safety accessories are in place.

One of the best ways to prevent these kinds of accidents is to know and understand the common causes. Make sure to inspect your entire work area to help ensure all hazards are minimized.

Top Causes of Fall Accidents:

-Slippery Floors.

-Cluttered Walkways.

-Unstable Walking/Working Areas.

-Unprotected Edges.

-Holes in the Floor.

-Wall Openings.

-Unsafely Used Ladders.

-Improperly Used Fall Protection.

Thankfully, officials with the Occupational Safety and Health Administration (OSHA) are working hard to prevent these kinds of risks on the job. They've even launched a complete Fall Prevention Campaign.

The campaign aim is to raise awareness among workers and employers about the hazards of falls from ladders, scaffolds and roofs. The educational resources page gives workers and employers information about falls and how to prevent them.

And without prevention, the costs are going to continue to skyrocket. Currently, officials estimate that the costs affiliated with these accidents total roughly $70 million annually. Included in these costs are both medical costs and workers' compensation.

Preventative measures are some of the most important to plan for when executing a job. You want to make sure that the plan is to complete a job safely. Make sure you include safety costs when estimating job costs. Never overlook these factors. Once these estimations are submitted and approved, make sure you get the equipment required and make sure that everyone is properly trained in using it. It's a team effort, and everyone needs to be on board. These safe and strategic moves could wind up saving lives.

Continue reading "New App in Preventing Atlanta Work Accidents" »

July 13, 2013

Summer Employment: Protecting Our Teens from an Atlanta Work Accident

Today, roughly 80 percent of all students work sometime during their high school career. And that's why we have child labor laws -- to help to make sure that our youngest workers have all of the time they need to tackle their education while also being able to work.
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According to the Georgia Department of Education, school with be back in session the first week of August.

Our Atlanta workers' compensation lawyers know our nation first passed a child-labor law in 1878. The federal child labor law, the Fair Labor Standards Act (FLSA), was enacted in 1938. According to the Georgia Department of Labor, when there are differences in the state and federal law, the law that provides the tougher and more stringent standard is the one usually observed.

Under the state's child labor section, the rules, regulations and restrictions employers must follow when they have one of these school-aged workers on site are clearly stated. This accounts for all children 18 and under. Special rules exist for workers under 16 and most under 14 are prohibited from working for hire.

In 2010, there were close to 18 million workers in the force who were under the age of 24. These workers accounted for roughly 15 percent of the nation's workforce. It's important to remember that these young workers have a high occupational injury rate. This high rate can oftentimes be explained by the frequency of injury hazards and dangers in the workplaces that they're likely to occupy. Some of these risks commonly include those in the restaurant settings, like slippery floors and sharp/hot objects.

Officials also credit their inexperience and a lack of safety training for higher injury rates.

And lastly, this high rate of injury on the job has been credited to their psychosocial and biologic factors. This means that they oftentimes don't "fit" the job, aren't strong enough for it or have other lacking cognitive abilities when it comes to operating heavy machinery or devices.

Our young workers are reminded that safe work is rewarding work. It's important to remember that your employer is required, by law, to make sure that your workplace is safe and free of all known hazards and dangers. They're required to follow all OSHA safety and health standards to prevent you from being injured or becoming ill on the job.

To Help To Stay Safe On The Job:

-Make sure you speak up and report any unsafe conditions on the job to a supervisor.

-Make sure you're always wearing the proper safety gear.

-Know and always follow your job site's safety rules.

-Exercise your workplace safety rights without discrimination or retaliation.

-If you need help, don't be afraid to ask for it.

Continue reading "Summer Employment: Protecting Our Teens from an Atlanta Work Accident" »

July 5, 2013

Warm Weather Work Injuries -- There's an App for That!

As we've reported on our Georgia Workers' Compensation Attorney Blog, a 42-year-old worker was killed after he overheated on the job. It didn't even happen outside in the heat or the sun, but rather inside the plant.
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But as you know, heat can affect a lot of workers, both inside and outside. And that's why officials with the United States Department of Labor have stepped up with a new Atlanta workers' compensation lawyers understand that workers who are exposed to extreme heat or work in hot environments may be at risk of heat stress. Each and every year, there are about 30 people who are killed as a result of heat-related illnesses. As a matter of fact, workplace fatalities from heat exposure are the most common reason for a heat-related citation from the Occupational Safety and Health Administration (OSHA).

Outdoor operations conducted in hot weather, such as construction, refining, asbestos removal, and hazardous waste site activities, especially those that require workers to wear semipermeable or impermeable protective clothing, are also likely to cause heat stress among exposed workers.

The Occupational Safety and Health Act of 1970 mandated that employers and companies not expose their workers to any environments that are hazardous or dangerous -- and fatalities and illnesses resulting from heat is governed under this clause.

When heat stroke occurs, the body temperature can rise to 106 degrees Fahrenheit or higher within 10 to 15 minutes. Heat stroke can cause death or permanent disability if emergency treatment is not given.

And that's where the new app from OSHA comes in.

It allows employees and even supervisors to look at the dangers of the work site by helping to calculate the heat index. With this calculated index, workers and supervisors will be displayed a risk level on their job site.

Once you've got your rating, it only takes one "click" to get reminders about various steps and preventative measures that you can take to help to stay safe given conditions on the jobsite. Some of these measures can include making sure employees are getting enough rest breaks, drinking enough fluids and learning how to spot and treat a heat-related injury or illness.

Working outdoors in hot weather can result in serious illness or even death. Workers exposed to extreme heat may experience symptoms of heat-related illnesses, such as heat cramps, heat rash, heat exhaustion and fainting.

We're already reaching temps in the 90s and that serves up some serious risks as we enter the hottest part of the summer.

Remember that, every year, thousands of workers become sick from exposure to heat, and some even die. These illnesses and deaths are preventable. It is training and knowledge about the effects of heat, how and when to respond to symptoms and how to prevent them from occurring that's going to keep us all safe out there.

Take a minute, cool down and take a peek at this lifesaving app.

Continue reading "Warm Weather Work Injuries -- There's an App for That! " »

June 26, 2013

Georgia Back-Over Construction Injuries Problematic in Summer

Every year in this country, approximately 800 construction workers die as a result of on-the-job accidents. Many more are severely injured.
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Our Atlanta work accident attorneys know that being struck by vehicles, heavy equipment and other objects is the No. 1 cause of injuries and the No. 2 cause of death for construction workers, resulting in approximately 150 deaths in 2009, according to the U.S. Department of Labor.

Back-over incidents are when a vehicle that is backing up strikes a worker who is standing, walking, kneeling or sitting behind the vehicle.

The Bureau of Labor Statistics reported that in 2011, some 70 workers were killed in back-over incidents. Every single one of these deaths were 100 percent preventable, though errors occurred at different points in the incident.

Some of the recent examples include:


  • In June of 2010, a worker was standing in front of a loading dock. The worker was facing the building as a tractor-trailer was backing up into that same dock. The trailer driver backed into the worker and crushed him between the dock and the back of the trailer.

  • Almost exactly one year earlier, a construction worker wearing a reflective safety vest was inside a highway work zone when he was fatally struck by the rear passenger-side wheels of a dump truck that was backing up. The truck was equipped with an audible alarm and operating safety lights.


It's not a coincidence that these incidents happened in the summer. The warmer months are when many construction projects kick into high gear, even in the southern states.

As the economy has picked up the pace, we expect to see more construction projects - and more workers on the job - which can lead to more back-over accidents if job supervisors and drivers aren't cautious.

There are many reasons why a back-over might occur. In some cases, drivers may not be able to see the employee - even with a reflective vest - if he or she is positioned in the driver's blind spot. The exact location of that blind spot can vary depending on the type of vehicle.

Large construction vehicles should be equipped with audio alarms and safety lights, which can alert workers to possible danger. However, too often those safety features aren't functional. In other cases, workers might not be able to hear those alarms because of the high volume of other surrounding noises at the work site.

It's also been known to happen where a worker is riding on the back of the vehicle and falls off, leaving him or her vulnerable to a back-over. Other times, drivers unfortunately make an assumption that no one is behind them and fail to simply take a look in the direction of travel to make sure.

Due to the sheer size of construction-grade vehicles, workers who are struck often suffer severe injuries, if not death.

Because of the potential for grave injuries, job supervisors must have the foresight to take preventative action.

One of the first solutions is to require all drivers on a job site to employ a spotter any time they are backing up a vehicle.

Additionally, vehicles can be affixed with display monitors inside that could help them see what is behind them. Some vehicles also come equipped with sonar detection devices, so that drivers are alerted to objects behind them.

Planning can also help. On certain work sites, employers may have the option of establishing internal traffic control protocol, indicating where drivers can operate and stressing the need for speed reduction when backing up.

Training too is important. Workers on foot may not immediately recognize when they are in a driver's blind spot. Training workers on vehicle blind spots and how to avoid them can help prevent many of these incidents.

Continue reading "Georgia Back-Over Construction Injuries Problematic in Summer" »

June 18, 2013

Georgia Employers Have Duty to Prepare for Severe Weather

Tropical storms have already begun churning in the Atlantic Ocean and into the Gulf of Mexico, with the most recent, Andrea, drenching the Georgia coast and reminding all employers of the importance of being prepared.
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Our Atlanta workers' compensation lawyers know that Georgia is no stranger to tropical storms, hurricanes, tornadoes and other severe weather.

As the curtain opens on the 2013 hurricane season this month, the U.S. Occupational Health & Safety Administration wants workers to know they have a right to a safe workplace free of known hazards and dangers. It's a given that major storms and other severe weather is going to occur. Employers have a duty to be prepared for it.

Generally, this means ensuring that workers are sheltered and/or protected and not sent out into perilous elements without proper training and tools.

The first step in that is having a clear plan. OSHA advises employers to:


  • Establish what kinds of conditions will activate the plan. For example, perhaps a certain wind strength would trigger the plan.

  • List a chain of command, so that there is no confusion about who will play what role in the event of an emergency.

  • Figure out a list of functions that will be necessary in an emergency, and decide exactly who will perform them.

  • Have a specific list of evacuation procedures, which will include certain routes and exits so workers are clear on what to do.

  • Work on a procedure that will help the company account for personnel, customers and visitors in case of an emergency. This way, if someone does go missing, the employer will know sooner, which can be valuable information for rescue personnel.

  • Provide proper equipment for workers to ensure safety in all conditions.


Some employers are legally required to have an Emergency Action Plan, per 29 CFR 1910.39.

In addition to having clear evacuation plans, it's imperative for companies to have clear plans to be followed by those workers who are preparing to stay and perform critical functions during the storm. Part of this means becoming familiar with the language used to warn about hurricanes and other severe weather, as well as the emergency plans of the local community, which will include nearby shelters.

Workers who are remaining on site should be provided with basic disaster supplies to help them ride out a storm. Those include:


  • Water (one gallon per person per day for at least three days, for both drinking and sanitation);

  • Food (a three-day supply of food that is non-perishable);

  • Battery-powered weather radio and batteries;

  • First aid kit;

  • Flashlights and extra batteries;

  • Moist towelettes and garbage bags;

  • Whistle to signal for help;

  • Dust mask to help filter contaminated air;

  • Cell phones with chargers, solar charger or inverter;

  • Local maps;

  • Manual can opener.


Keep in mind that these are only guidelines. Other items may be necessary, depending on the kind of work you expect employees to perform during the storm and its aftermath.

Especially keep in mind the heat index. If you expect workers to be outside in post-storm conditions without air conditioning, make sure they are aware of heat-related illnesses, are provided with enough water and take frequent breaks in the shade.

Continue reading "Georgia Employers Have Duty to Prepare for Severe Weather" »

June 14, 2013

Extreme Heat Kills Georgia Auto Plant Worker, Employers Urged to Use Caution

Last month, a 42-year-old auto factory worker in LaGrange died after having collapsed in the sweltering heat inside the plant.
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While our Atlanta workers' compensation attorneys understand that the U.S. Occupational Safety & Health Administration has launched an investigation into the incident, the local newspaper reported that anonymous employees contend the air conditioning in the factory was not properly working. The workers said conditions were so hot that the chocolate in the vending machines of the break room had melted.

Additionally, workers said management had been reluctant to call emergency services.

This is not the first incident at the plant. In 2012, two workers were seriously injured when a crane hit a basket lift they were in while doing maintenance work. In another case three years ago, a worker suffered a fatal fall. Following that last incident, the firm was fined nearly $136,000.

The company is about 70 miles west of the Atlanta border.

According to the Bureau of Labor Statistics, workers in the automobile and vehicle manufacturing industry tend to experience higher than average rates of illness and injury than those in other fields. In fact, the industry reported an injury rate that was 40 percent higher than the total private industry injury rate in 2011.

Still, especially during the summer in Georgia, heat-related illnesses should be a concern in every industry.

OSHA recently kicked off an awareness campaign, which features a heat illness fatality map that shows where the majority of these deaths have been. The Atlanta-area was a hot-spot (as were parts of Texas, North Carolina and West Virginia.)

As a state in a sub-tropical climate, are summers are especially hot and humid, with temperatures regularly spiking into the mid-to-high 90s.

While the recent auto worker case is one example, the truth is that any employee who is exposed to hot or humid conditions may be at risk, particularly if they are wearing bulky protective gear and clothing or if they are doing heavy work tasks. Those who may not have built up a tolerance to hot conditions may also be especially at risk.

Normally, a person's body would work to cool itself by sweating. But when conditions are very hot and the humidity is high, sweating isn't enough to cool and body temperature can rise to dangerous levels. This can cause anything from a rash to cramping to exhaustion to stroke. It may even result in death if the person does not receive immediate medical attention.

OSHA reports that more than 30 workers have died annually of heat stroke since 2003. The federal agency recently teamed up with the Associated General Contractors of Georgia Inc. to conduct safety sessions throughout the state, which will involve more than 1,100 job sites and some 50,000 workers. Ninety percent of those are in the construction field.

Georgia doesn't have its own laws relative to heat prevention in the workplace, so those standards are set by the federal General Duty Clause, which is part of the Occupational Safety & Health Act. This measure mandates that employers provide a workplace that is free from any hazards that are causing or that could cause serious harm or death to workers.

Employers can expect a fine of up to $7,000 for not correcting a heat hazard, as they are deemed a serious violation by OSHA.

Among the steps that OSHA recommends for employers:
Provide air conditioned or shaded areas that are close to the work site, and allow for regular rest breaks.

Give workers lots of cold water in a place that is visible and convenient.
Encourage employees to drink before they get thirsty, approximately every 15 minutes.
Regularly keep an eye on weather reports and reschedule high heat exposure jobs to times of the day when it will be cooler.

Continue reading "Extreme Heat Kills Georgia Auto Plant Worker, Employers Urged to Use Caution" »

June 6, 2013

Atlanta Roadside Construction Injuries Primary Concern in Summer

It's been nearly five years since a Salt Lake City construction worker was nearly killed after being struck by a sport utility vehicle as he worked alongside the road in a designated work zone, managing traffic.
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Our Atlanta workers' compensation lawyers understand the teen behind the wheel was reportedly being shown a photograph by another teen in the passenger seat.

The construction worker doesn't remember any of it, but he suffered 11 broken bones and severe brain injuries. Recovery has been slow, with a pelvis shattered in four places, three broken ribs and a broken heel, among other injuries. He's had to undergo knee surgery and five shoulder operations. And his brain, while making miraculous strides, still can't always grasp the correct words. Simple tasks like tying his shoes and buttoning his shirt have become impossible, as have playing baseball, basketball or riding ATVs with his friends, as he once loved to do.

Some days, he's angry. Other days, he finds himself deeply depressed. But he's dedicated to prevention and speaking to teenagers in high schools about the dangers of distracted driving, particularly in construction zones.

In 2011, there were nearly 75 roadside construction workers fatally injured by vehicles nationwide.

Georgia ranks fourth in the nation for pervasiveness of roadside construction fatalities and injuries. It accounts for 5 percent of all the country's roadside construction fatalities and 4 percent of roadside construction injuries.

Between 2003 and 2007, some 640 workers were killed while working at roadside construction deaths, accounting for about 8 percent of all construction fatalities during that time frame. Almost half of these incidents involved a worker being struck by a vehicle or mobile equipment.

The Centers for Disease Control say that about 60 percent of those cases involve being struck by construction equipment.

You might think these cases would be fairly straightforward in terms of injury law. But in fact, there are many benefits to having an attorney who is familiar with work injuries in particular.

Although the case out of Utah shows how driver negligence is clearly a prime issue that injury lawyers will examine, another potential angle might be investigating whether the construction signs near the work zone were negligently-placed.

For example, sometimes there is construction equipment actually in the roadway. In other cases, the road is uneven, damaged or torn-up, and the construction signs don't accurately reflect that or aren't placed in the proper location.

In cases like these, the responsibility would fall on the company or contractor responsible for managing traffic control. Additionally, the Department of Transportation may also bear some of the liability, as it is the duty of the state DOT to inspect the construction site and sign placement. If the inspection wasn't properly carried out, this could be grounds for liability.

According to the Bureau of Labor Statistics, roadside construction incidents were most likely to occur in April through October - accounting for nearly 65 percent of the total. Mostly, this has to do with the fact that this is when the bulk of the construction takes place.

Continue reading "Atlanta Roadside Construction Injuries Primary Concern in Summer" »

May 30, 2013

AFL-CIO Report Raises Serious Concerns about Workplace Safety

The news for workers has been bad lately across the globe. Of course, one of the worst disasters in history recently took place in Bangladesh when a factory collapsed due to failure to follow clearances and shoddy building materials. This collapse led to more than 1,100 deaths of workers. Unfortunately, news of this devastating accident is not the only bad news for workers in recent weeks. 1410993_industrial.jpg

Our Atlanta work injury attorneys know that the dangers that workers face are not exclusive to factories half a world away like those in Bangladesh. Workers right here in the United States are in grave danger, in large part because safety laws designed to protect employees are not being enforced effectively.

Workers at Risk in the United States

Within just a few days of the tragic factory collapse in Bangladesh, we were reminded that we also have some very dangerous worksites here in the United States. This tragic reminder occurred when a West Texas Fertilizer plant exploded and caused fourteen deaths and more than 200 injuries. While the explosion happened at night and there were few employees of the plant injured or killed, the explosion still raised questions about what conditions were like at the plant.

It turned out, unfortunately, that federal regulators really had no idea what conditions were like there. This is because the fertilizer plant had not been inspected since 1985. A dangerous plant storing explosive material like the fertilizer plant was storing should have been high on the list of priorities as far as workplace inspections, so this incident could naturally raise questions of where OSHA was and why no one was keeping tabs on what was going on.

Unfortunately, the AFL-CIO's 2013 report "Death on the Job: The Toll of Neglect" answers the question of where OSHA was: overworked, understaffed and unable to perform inspections that they need to perform.

According to the AFL-CIO:

  • There are 837 federal OSHA inspectors available to oversee and regulate more than 8 million workplaces. Even with the 837 inspectors working full time, the significantly shortage of OSHA staff means that a workplace would be inspected just about once every 131 years.
  • There are very limited penalties imposed on employers who break OSHA safety rules, even when an employer violation leads to death. Criminal charges are very rare since a criminal case is brought only if a willful violation is the cause of an employee's death. These types of cases have been brought only 84 times since 1970 when many worker protection laws were passed. Without criminal enforcement, fines are supposed to act as a deterrent. Unfortunately, the median amount that is paid after settlement if a worker dies at work is just $5,715. The fine is even lower for simple citations, at an average of $2,156.

The news of this AFL-CIO report raises serious concerns about whether enough is being done to protect workers in the United States. The West Texas fertilizer plant is solid proof that a failure to inspect can have very real consequences, and the tragic collapse in Bangladesh serves as an important warning about what could happen here in the U.S. if regulators don't have the power to make employers play by the rules when it comes to workplace safety.

Continue reading "AFL-CIO Report Raises Serious Concerns about Workplace Safety" »

May 24, 2013

Georgia Governor Signs Bill Making Changes to Workers' Compensation in Atlanta

The workers' compensation system in Georgia has long been established as a means to protect workers and to ensure that they have medical bills and costs covered if they suffer a disabling injury at work. Unfortunately, some recent changes to the Georgia workers' compensation law limit the rights of workers to be provided with full benefits after experiencing a workplace injury. 1125238_forklift_1.jpg

Our Atlanta work injury lawyers know that the Governor signed House Bill 154 into law on May 6th, 2013. Understanding the implications of this law and how it will affect your workers' compensation claim is very important.

Georgia Workers' Compensation Changes

HB 154 was proposed this year by lawmakers to make some important alterations to existing Georgia workers' compensation laws. After passing the House and the Senate, the law went to the Governor and was signed.

Some of the changes that are made by HB 154 are positive changes that can help workers. For example, the weekly benefits for the disabled were raised to $525 and to $350 for those who have a partial/temporary disability. An increase in the weekly benefits maximums is a very good thing for workers struggling to get by under the prior limitations on weekly income from workers' compensation.

The law also mandates that an employee who is entitled to reimbursement for mileage must receive repayment in a timely manner. According to the rules set by HB 154, reimbursements that are due for mileage need to be paid within 15 days from the date when the employer receives reports.

Unfortunately, while the law did some good things for injured workers, it also did some bad things as well. One of those things was to limit the length of compensation to 400 weeks maximum. Under the new law, therefore, anyone who experiences a non-catastrophic injury after July 1, 2013 will be restricted to being compensated for just 400 weeks from the date that the injury first entitled him to benefits.

The new law also changed the rules as far as employees attempting to return to work. Under the Georgia Workers' Compensation laws, an employee may return to work and do light duty or return on restricted duty even if the employee has not yet fully recovered from his injuries. There is a formal process employers can use to get an employee back to work, which includes making a "240 offer of light duty." Essentially, when employers make this offer, the worker can be compelled to try the light duty job. If the employee is able to do the job, then ongoing workers' comp disability benefits will be reduced or eliminated.

This process has been susceptible to problems especially since employers are required to resume paying benefits if an employee cannot perform the job for 15 days. Some employees were allegedly taking advantage of this, making a token attempt to do the light duty job for around 20 minutes or so and then claiming pain and going home. HB 154 said that if an employee attempts to perform the job for less than eight cumulative hours or for less than one scheduled workday, the employer can suspend benefits. The employer can also suspend benefits if the employee refuses to attempt the job. In any of these cases when benefits are suspended, the employee will now have the burden of proving continued eligibility for benefits.

The problem, of course, is that many injured victims really are in pain and cannot work for even 20 minutes, even at a light duty job. This can cause serious hardship for the sickest and most disabled if their employers try to force them back to work. If your benefits are stopped as a result of this new law, it is important to talk to an attorney since you'll now have the burden of proving your need for ongoing benefits.

Continue reading "Georgia Governor Signs Bill Making Changes to Workers' Compensation in Atlanta" »

May 20, 2013

Georgia Work Accidents: Fatal and Non-Fatal Employee Injuries

Recently, the RAND Center for Health and Safety in the Workplace funded a study to consider the relationship between the rate of workplace fatal injuries and the rate of workplace nonfatal injuries. The study, which was published in the American Journal of Industrial Medicine, showed a surprising inverse link between low nonfatal injury rates and high fatality rates. 1381198_danger_sign.jpg

Our Atlanta work injury attorneys know that there are many factors that affect how safe workplaces are and whether injuries or deaths are likely to occur. This new RAND Center study helps to shed more light on why workplace injuries and fatalities are occurring and on what can be done to reduce the number of workers' hurt or killed at work.

New Study Reveals Info on Workplace Injury/Workplace Fatality Rates

It may be natural to assume that an area with a high rate of workplace fatalities would also have a high rate of non-fatal injuries and vice versa. After all, employers are more likely to be killed in fields and workplaces where dangerous conditions exist. These unsafe and dangerous workplaces should also be more likely to cause nonfatal injury since the unsafe conditions that lead to the deaths can also harm workers in other ways.

However, the reality shows that the opposite is true. States with the highest number of non-fatal injuries tended to have low fatality rates. States with a lower number of non-fatal injury rates, on the other hand, had a higher rate of workplace death. This inverse relationship surprised the lead author of the study who indicated that few would have believed an inverse relationship between injuries and fatalities prior to the study.

One possible explanation that is offered for why more people are dying in areas where fewer people are being injured is that better workers' compensation benefits in these areas both protect workers and encourage people to report workplace injuries. In other words, you might live in a state where worker protections are taken very seriously and where workers' compensation laws provide comprehensive benefits if you get hurt.

In a state that takes worker protection seriously, your employer probably goes the extra mile to try to prevent injury from occurring. As a result, worker deaths are less common. Yet, workers who do get hurt will file claims to take advantage of the excellent benefits available under the law. Thus, results a high rate of reported injuries but a low death rate.

Other evidence from the study seems to confirm that tougher worker protection laws can make a big difference in workplace injuries and deaths. For example, states with the lowest nonfatal injury rates and highest fatality rates tended to include Southern States that have lower workers' comp benefits; fewer unions and lower wages.

Work conditions, in other words, were not as good in these states and workers' were less protected. These workers may die in higher numbers due to the more widespread disregard for worker safety issues. Yet, because the laws aren't in their favor, they may not report every injury that occurs on the job. This results in a high fatality rate but a low rate of nonfatal injuries reported.

Protecting Workers From Injury and Death
Ultimately, the results of this study seem to emphasize a point that has been made time and again: taking worker safety seriously really can make a difference in reducing the number of workplace fatalities. Employers need to have sufficient incentive to protect workers, and having tough worker protection laws and a strong workers' compensation system can provide that incentive.

Continue reading "Georgia Work Accidents: Fatal and Non-Fatal Employee Injuries " »

May 15, 2013

Latinos and African-Americans More Likely to Suffer Workplace Injury, Death

In the United States, Hispanics make up around 15 percent of the total labor market. Unfortunately, Hispanics are injured in greater percentages on the job than would be expected based on the number of Latinos in the workplace. Hispanics, in fact, have the highest workplace death rate of any workers. African Americans, as well, are at higher risk of dying at work when compared to white workers, but the rate of death among African Americans is still lower than the percentage of Hispanic workers dying.1181524_hispanic_americans_in_the_heat.jpg

Our Atlanta work accident lawyers know that employers have an obligation to keep all employees safe. An employee's race, religion, color, national origin and other protected status should have no impact on how an employer treats an employee at work. Unfortunately, this data shows that all people are not treated equally in the workplace.

Hispanics and African Americans at the Greatest Risk of Workplace Death

According to a recent ABC News article, 20 percent of all workplace fatalities involve Hispanic workers. This is a disproportionately higher number of deaths than would be expected given that Latinos make up only 15 percent of the workforce.

In 2011, for example, a total of 729 out of the 4,600 workers who lost their lives on the job were Latino. In 2010, 707 Latino workers lost their lives. African Americans also saw an increase in the number of fatalities during this time period while the number of white workers killed went down.

While Latinos are already dying at higher rates than other races and have been for many years, things actually seem to be getting a little bit worse for Hispanics even as conditions get better for many other workers. For example, in 2011, there was a three percent rise in on-the-job fatalities for Latinos when compared with 2010. This increase was the first increase since the number of Hispanic workers killed at work rose in 2006.

The increase here was especially troubling because the total number of workplace fatalities among whites declined during the same time period. This widens an already- skewed gap in workplace fatalities among races since Hispanics were already dying in larger numbers at work.

Protecting the Rights of Latino Workers

Employers need to do more to protect every workers' rights, including the rights of Latinos. One important issue that could make a major difference for Latino workers, for example, is the issue of immigration. According to ABC News, around 500 of the 729 Latinos who were killed on the job in 2011 were described as "foreign born." The majority of these workers were from Mexico.

If some of these "foreign-born" workers are undocumented immigrants, these workers may not enjoy the full protections of the laws available to U.S. citizens. Some dishonest and unscrupulous employers take advantage of labor provided by undocumented immigrants and don't take safety as seriously since they know that the undocumented workers can do little to complain to authorities or protect their rights. Ensuring that ALL workers can take action when workplace safety violations are occurring, regardless of their immigration status, could save many lives.

Continue reading "Latinos and African-Americans More Likely to Suffer Workplace Injury, Death" »

April 28, 2013

Combustible Dust Fires - An Explosive Risk in Georgia Manufacturing

Dust hanging in the air may seem to be a natural part of many workplaces. In metal shops, for example, there may be flakes, chunks, fibers or fine particles of metal such as magnesium and aluminum. In construction zones and in many industrial and commercial workplaces, it is also common to find various other dust and fibers hanging in the area, including plastic, wood, coal, rubber, sugar or flour or even paper. 1398122_forge_paths_of_fire__2.jpg

Our Atlanta work accident lawyers know that dust can be dangerous for many reasons including the risks to workers when they breathe in dust particles. One risk that many may not think about, however, is the risk that this dust can be combustible. Although the potential dangers of a combustible dust fire may not be the first thing that you think about as a health concern in a dusty workplace, the danger is very real, and is a common cause of explosive fires in manufacturing settings.

Firefighters and emergency personnel must often confront the risk.

To draw attention to the risks of combustible dust fires and to help ensure that emergency workers are protected, Occupational Safety And Health Administration (OSHA) recently published new information on the issue. This booklet is called Firefighting Precautions at Facilities with Combustible Dust. The booklet is written for an audience of first responders who may find themselves responding to explosions and fires where combustible dust particles are present.

The Dangers of Combustible Dust Explosions
From 1980 through today, there have been more than 780 workers injured in combustible dust explosions and there have been more than 130 workers killed in tragic explosions involving combustible dust.

To prevent further injuries and deaths, OSHA advises that firefighters and other emergency responders should:


  • Learn about the dangers of combustible dust through the use of safety data sheets (SDS). Employers of first responders and first responders themselves should consult these sheets to learn what types of materials can result in combustible dust. Knowing when an environment is likely to have such dust is very important to those responding to or fighting a fire.

  • Conduct pre-incident reviews. Pre-incident reviews are appropriate when an environment or facility is very likely to produce combustible dust. A pre-incident review would involve an inspection of high-risk facilities so that emergency responders will know in advance about the conditions that they might find when a fire or explosion does occur.

Employers in workplaces where combustible dust may be produced also bear certain responsibilities in order to keep first responders safe. The use of a dust protection system, for example, is advised not just to help ensure workers avoid breathing dangerous dust on a regular basis but also to protect first responders. A dust protection system might include abort gates as well as relief vents if it is to protect first responders since these solutions make it possible for burning materials or pressure to be directed out of confined areas. A detection and suppression system may also be advisable.

If employers and first responders are able to understand the risks and take responsibility to ensure that those risks are minimized, fewer people will be injured or killed as a result of combustible dust.

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April 20, 2013

More Teens with Jobs This Summer Means More Risk of Injury

Our Atlanta work accident lawyers know that teens have had a difficult time finding jobs in recent years due to a tough economy and a weak employment market. According to a recent article on NBC News, however, things may be different this year. 276813_newspaper_job_section.jpg

The NBC News article indicates that the economic momentum over the last several months has been positive and that managers who hire summer hourly workers are reporting that they plan to add an average of 30 hourly workers this summer instead of the 27 workers added last year. When surveying seasonal hiring managers, 68 percent also reported an intent to hire workers this summer. This is great news for teens who have been hit the hardest in recent years by the economic downturn.

The bad news, however, is that when there are more teenagers going to work, there is a greater chance of young people being injured on the job. Employers need to manage the risks associated with bringing on new employees, especially teen employees, and young workers need to be aware of the dangers they face, which could derail a career and future before it even has a chance to really begin.

Young Workers at Risk of Injury
Young workers are at great risk of injury while performing their summer jobs for several reasons. One issue is that these workers tend to take on lower paying and physical jobs in industries such as landscaping and fast food. Both of these industries have a high rate of injury. In fast food, many things can go wrong from slipping and falling in a restaurant to being robbed to getting hurt when cooking and cleaning up in the kitchen. In landscaping, problems can include injury due to machines as well as due to repetitive stress, lifting injuries and falls.

Aside from the fact that teens tend to work in dangerous industries, they also tend to be in low paying jobs where employers may not always have the best track record of following safety rules. Data has shown that low-wage workers in general are at greater risk of getting hurt on the job than workers in higher paying positions, especially higher paying white-collar jobs.

Finally, teens and young workers tend to have limited work experience. If not properly trained and supervised, teens could make a mistake that causes injury. For example, a teen needs to be trained on using commercial dishwashers and/or supervised when using any type of cooking or dishwashing equipment in a restaurant setting.

Employers who chose to hire young workers ultimately have the responsibility of mitigating these and other risks that teenagers face. Employers need to be aware of restrictions on young workers related to the types of jobs they can do and the hours worked. They need to provide proper training and supervision and create a safe work environment. If an employer fails in these obligations, the chances of a worker becoming hurt significantly increases.

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April 12, 2013

Atlanta Construction Accidents a Risk with Spring Weather

Construction projects often go into full swing during the spring and summer months, which is great news for workers looking to jump on projects and get some work done. However, with more work being performed, the risk of accidents increases. Construction sites can be dangerous places and workers are in danger of getting hurt in a number of different ways. 1368615_ladder.jpg

Our Atlanta work accident lawyers know that some of the top causes of workplace accidents on construction sites are fall accidents. The Occupational Safety and Health Administration (OSHA) has recently issued a Trade News Release about its efforts to prevent fatal falls in construction. The new efforts focus on raising awareness of the fall risk. OSHA also has a three part Fall Prevention Campaign of which every worker and employer should take notice.

The Steps to Fall Prevention
OSHA's national outreach campaign to raise awareness of falls on construction sites is directed towards both workers and employers. Workers can make a point to follow OSHA's tips for acting in a safe and responsible way when working at height.

However, ultimately the safety of a worksite is determined by an employer. An employer who provides top-quality equipment and who has adequate safety policies in place is going to have a major impact on reducing the risks of a fall. On the other hand, when an employer creates an unsafe workplace or allows safety violations, a worker could be in danger of falling no matter how careful he is when performing his job.

Employers, therefore, should be especially careful to pay attention to OSHA's tips for fall prevention. OSHA's three part plan for preventing falls on construction sites includes the following steps:

  • Planning: Employers need to evaluate what safety equipment will be required to perform a job and should build the costs of the equipment into their bids. Employers must make all tools including the right equipment (and safe equipment) available on site. Workers should also plan ahead by making sure they have everything they need before getting started on doing any job.
  • Providing. Employers must provide the right equipment to workers. This includes fall protection equipment, as well as the right types of safety gear, ladders and scaffolds.
  • Training: Everyone on the job site should be trained in how to perform work safely. Workers need to be trained on how to use all of the equipment they need to use in order to do their jobs. There should also be training on the proper set-up of equipment and on hazard recognition.

OSHA has many materials that can be used by employers to offer training. Employers simply need to take the initiative to understand and comply with OSHA guidelines and to use the resources available to them. OSHA's new campaign to publicize fall dangers may encourage employers to be proactive about preventing workplace injuries, thus potentially saving workers' lives.

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April 5, 2013

Stone Cutter Injuries and Landscaping Accidents a Spring Risk in Atlanta

With summer approaching, many people will be hiring landscapers to do stonework. Stone cutters and splitters who do this type of work may find themselves busier during the summer rush as a result. OSHA has an important Safety and Health Information Bulletin for those who work in the stone cutting and splitting industry and as the busy season approaches, every worker and employer should pay attention to OSHA's advice. 1411463_stones_texture.jpg

Our Atlanta workers' compensation lawyers know that stone cutters use many dangerous machines in the course of performing their jobs. Unfortunately, the physical nature of the work, coupled with the tools utilized, creates a situation where many stone cutters are hurt. By following the OSHA guidelines on safety, however, hopefully injuries can be prevented during the summer landscaping season.

The Work Injury Dangers for Stone Cutters
Stone cutters, stone masons, stone slippers and rock cutters all use certain types of tools and machinery when performing their jobs. For example, portable or fixed hydraulic rams are typically used to split stones. When using hydraulic rams, amputation or other injuries are a real possibility. Stone cutting machines that have unguarded cutting blades are also likely to cause serious harm when not used properly or when safety measures are lacking.

In fact, the Bureau of Labor Statistics (BLS) reported that more that 180 injuries resulted from using shears in 2010. Shears are a very similar tool to those used by stone cutters. Of those injured with shears, 100 amputated a body part. The injuries, therefore, are serious and can have a lasting impact on your life in many cases.

Staying Safe
While the work done by stone cutters carries some inherent risk, this doesn't mean that workplaces cannot be made safer by taking the right precautionary steps. OSHA's Safety and Health Bulletin suggests:

  • Ensuring that there is a good machine guarding system in place. A machine guarding system might involve making use of two-handed starting devices; installing barrier guards on the machine, and incorporating electronic safety devices.
  • Keeping the unit cleaned and maintained. A regular inspection should be performed to ensure that the machine is in good working order. Problems should be fixed when they arise so workers do not have to use a dangerous or broken machine.
  • Providing personal protective equipment (PPE) for workers. Employers should provide workers with PPE that protects them from known-hazards. The use of safety shields or face shields, for example, is recommended.
  • Doing a risk-check before starting work. Essentially, this means making sure that the machine and safety procedures are in place. Checking the machine guarding, reading/reviewing the manufacturers' warnings and instructions; inspecting the machine and making sure workers are where they need to be are all important things to double check.

Employers also need to provide adequate training and supervision to their employees who are performing stone cutting work. Although individual workers can and should try to protect themselves and make sure their job is performed as safely as possible, ultimately it is the employers who establish working conditions and who are responsible for helping workers to avoid injury.

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