Articles Tagged with Atlanta work injury

The new electronic record-keeping rule finalized by the Occupational Safety & Health Administration (OSHA) will require employers to submit injury and illness report information directly to OSHA in electronic form. OSHA will then remove identifying information from these reports and make them public and searchable in a database.

Officials hope the new requirements will improve worker safety nationwide. Specifically, they are counting on the notion that by making this injury information public, employers will want to avoid a bad reputation. They want not only to improve public relations, but also ensure they will still attract the best and brightest workers. Potential employees who can easily access a company’s poor safety track record are going to be reticent to even apply.

It’s worth noting the new rule isn’t applicable to every employer. It will apply to employers in certain industries designated, “high hazard.” Plus, the rule also has a provision that extends further anti-retaliation protections to employees who report workplace safety issues or workplace injuries.  Continue reading

Claims for permanent partial disability (PPD) benefits may survive the non-work-related death of a worker, according to a recent affirmation by the Idaho Supreme Court. 

Although this is an out-of-state case, other high courts – including the one in Georgia – may look to this ruling for guidance under similar circumstances.

Permanent partial disability benefits are one of the most common type of workers’ compensation claims, comprising half of all workers’ compensation claims nationwide. PPD is when some form of permanent impairment resulted from the work injury, leaving the worker unable to perform at his or her full capacity. It’s different from total disability, which is when the worker is unable to perform any work due to the on-the-job injury.  Continue reading

A new study shows that work-related injuries increase the risk of job loss.

Researchers at the Harvard T.H. Chan School of Public Health in Boston sifted through six months of data among nursing home industry workers, comparing those who had reported job injuries and those who had not.

What they found was, workers who had been injured were twice as likely to be fired within six months. Of course, it is illegal for employers to retaliate against workers for filing injury benefit claims for on-the-job injuries. Unfortunately, it still does happen. Continue reading

Recently in Las Vegas, reporters described a scene of great excess: Thinly-clothed acrobats performing from ceiling swings, dancers in lingerie on poles shaking to the techno music, actors dressed as aliens looking for a photo op, a live alligator, rock stars performing, waitresses passing out free chocolate truffles and cocktails, designer handbag giveaways, free Hummer limousine rides and more.

These individuals were attending the National Workers’ Compensation Disability Conference Expo – one of about 150 such conferences held annually by the “middlemen” of workers’ compensation. These companies are hired by employers and insurance companies to conduct “cost containment” in workers’ compensation cases.

Services offered are varied, and include claim management and negotiation of medical bills. These firms promise to cut costs for all involved, but in reality, many say they are in fact increasing costs and worse, raising the burden of those who have been hurt at work.

Workers’ compensation is supposed to be straightforward. Worker gets hurt on-the-job. Worker receives immediate medical and wage benefits through the course of recovery. But these firms work to fight claims tooth-and-nail, reducing the amount workers receive – if they receive anything at all. They have culled networks of high-powered defense lawyers, expert medical opinion providers, medical bill review services, occupational medical clinics, labs that drug test injured workers and outside claims shops.  Continue reading

In order to obtain workers’ compensation benefits in Georgia, the employee must have fallen ill or gotten injured while acting in the course and scope of employment. There are also allowances when some aspect of work exacerbated an existing condition. 

Usually, if an employee who is injured in an auto accident commuting to or from work isn’t eligible for benefits (this is called the “coming-and-going rule), but there are exceptions to this too.

The recent case of Kelly v. Blue Ribbon Linen Supply, recently considered by the Idaho Supreme Court, is an interesting one that involves all these elements. Justices were asked to consider whether a commute from an independent medical exam, requested by the employer as part of an earlier work injury claim, may be considered an action that is in the course and scope of employment. Continue reading

A military veteran is slated to receive $15.2 million in damages for injuries he sustained when his foot was crushed by a forklift at an event center in Illinois.

The 33-year-old from Wisconsin, who previously served two tours in Iraq and served as a staff sergeant in the National Guard, lost his heel and had to endure seven surgeries after the work accident. The injury occurred while crews were working to tear down the International Manufacturing Technology Show in Chicago.

An investigation by the Occupational Safety & Health Administration revealed the company responsible for setting up the show did not make certain the forklift driver who struck plaintiff was trained and certified, nor did the company hire a spotter. Both of these things – which are required by law – would have prevented this accident. Continue reading