Georgia Injury Law Blog

Federal investigation officials are investigating a workplace accident in Atlanta, in which 2 people were killed after the piece of equipment they were working on, collapsed. Of course, family members of the persons who were killed are emotionally devastated. Unfortunately, as workers’ compensation attorneys know to well, Georgia’s worker’s compensation system is unlikely to provide the families with the level of financial assistance they need to move forward with their lives.

The accident occurred near midtown Atlanta, where the 2 men were working on a mobile lift in a 40-foot bucket. At some point, the lift became stuck. The men had been working on the exterior of an apartment building when the lift became stuck. As the workers attempted to move the lift, it collapsed on a concrete walkway. The 2 men were flung onto the ground, and sustained serious injuries. They were taken to the Grady Memorial Hospital, but succumbed to their injuries later. The victims included a 29-year-old man and a 42-year-old man. According to the Fulton County Medical Examiner's Office, the 2 men died from injuries they sustained in the fall. 

The Occupational Safety and Health Administration has begun an investigation into the accident. The lift was at a height of 40 feet, but the 2 men were not crushed by the machinery when they fell. 

Heavy equipment accidents can include all types of heavy machinery, including cranes, forklifts, trucks, compactors, backhoes, and bulldozers. Many of these accidents are caused because workers have not been trained to use the equipment properly. Additionally, accidents can be avoided if workers are supervised during operations. 

Posted By Robert Katz In Workers Compensation , Workzone Accidents | 0 Comments Permalink

A roofing company in Atlanta has been cited for failure to protect workers from fall hazards after an inspection by the Occupational Safety and Health Administration. One of the significant causes of workers’ compensation claims are fall hazards. Workers’ comp attorneys regularly see claims involving significant personal injury arising out of fall incidents. The inspection and action by OSHA will likely prevent serious injuries to the workers on this job site. The company, Midsouth Steel Inc. of Atlanta is likely to face penalties of more than $184,000.

Occupational Safety and Health Administration inspectors found fall hazards during inspection of roofing work being performed at a site on Roosevelt Highway in Union City. The company had been constructing a recycling facility in Union City. According to the Occupational Safety and Health Administration, the inspection was part of a local program to protect workers in the construction industry from fall accidents. 

Inspectors found at least three willful violations, including exposure of the workers to fall hazards by allowing them to work at heights of 35 feet without requiring any fall protection, exceeding the load capacity of the aerial lift, and failure to provide for protection for all employees working on a steep roof.

According to the Occupational Safety and Health Administration, the company Midsouth Steel Inc. knowingly exposed workers to fall hazards because they were more concerned with getting the job done faster than safety considerations. The company has been placed in the agency’s Severe Violator Enforcement Program, which means that the agency is likely to conduct follow-up inspections of the company’s sites to make sure the company is complying with the law. The company faces fines of approximately $184,800.

Posted By Robert Katz In Workers Compensation , Workzone Accidents | 0 Comments Permalink

A worker in Kennesaw, Georgia was seriously injured in an electrocution accident last month. The man, a welder was in a bucket truck when the boom of the truck came in contact with a high-voltage overhead power line. It was a 4160 V power line, and the impact immediately resulted in serious electrical injuries to the man. He was rushed to the local hospital burn unit, and then transferred to a burn center in Augusta.

The man's employer, Vulcan Materials and the Federal Mine Safety and Health Administration are investigating the work accident. In the event there is a personal injury claim against a third-party in addition to any workers’ compensation claim, the reports from these investigations will be vitally important. to the personal injury lawyer handling the case.

Many occupations require workers to be in close contact with high-voltage power lines. These workers include construction workers, mining workers, truck drivers, people in the tree trimming and tree service industry, and agricultural workers. Electrical utility workers are also often in close contact with power lines. However, the difference between electrical workers and other types of workers is that electrical utility workers are generally trained to identify the dangers of electrocution in their work, and avoid these dangers. Other types of workers may not have the benefit of such training.

It's not just people on trucks or cranes who are at risk of coming in contact with a high-voltage overhead power line. People who are working on ladders, or standing on construction scaffolding, or using window washing equipment may also be at risk of contact with power lines. 

Posted By Robert Katz In Workers Compensation , Workzone Accidents | 0 Comments Permalink

A new report suggests that federal data on construction accident injuries is likely flawed because of the widespread underreporting of these personal injuries. The report by the Center for Construction Research and Training is titled Injury under Reporting among Small Establishments in the Construction Industry. It has been published in the American Journal of Industrial Medicine. Construction accidents often involve wrongful death and some of the most serious personal injuries. They are also a major source of workers comp claims in the United States.

According to the report, data from the US Bureau of Labor Statistics may be inaccurate because it underestimates the actual number of construction workers who are injured every year. The data from the Bureau of Labor Statistics does not include self employed or federal construction workers injured in accidents every year. These workers constitute approximately 25% of the national construction workforce. Data that does not factor in construction accidents and injuries that involve a quarter of the national construction worker population, is likely to be inaccurate. Additionally, Atlanta Workers’ Compensation lawyers often find that small construction companies are likely to under report injuries, or fail to report these injuries.

According to the report, recent changes made by the Occupational Safety and Health Administration to record-keeping procedures could also likely have contributed to underreporting of construction injuries. Between 2001 and 1995, the Occupational Safety and Health Administration made changes to its procedures, and has probably inadvertently encouraged underreporting such injuries. 

Further, the Bureau of Labor Statistics data represents just a quarter of the injuries suffered by Hispanic construction workers in small companies. Approximately 42,000 of construction injuries that occur in small construction establishments are not reported annually. The researchers analyzed construction accident data at small establishments that employed 40% of Hispanic workers, and found that between 8% and 16% of the construction worker injuries at these companies were reported. In comparison, in establishments that employed up to 35% of white, non-Hispanic workers, between 21% and 25% of construction injuries were reported.

Posted By Robert Katz In Construction Accident , Workers Compensation | 0 Comments Permalink

Every day in the United States, an average of two workers are killed as a result of workplace violence. In fact, the risk of suffering a personal injury in the workplace through assault or other acts of violence by a fellow worker, may have increased during these troubled economic times. Unfortunately for the families whose loved ones are killed, the workers comp system is not setup in a manner to provide an appropriate level of compensation.

Data suggests that the number of persons actually killed as a result of workplace violence has stayed more or less consistent over the past 14 years. According to the Bureau of Labor Statistics, more than 500 people died in 2010 due to workplace violence. There has been a lot of focus on preventing specific types of injuries in the workplace, like fall accidents or accidents involving machinery. Atlanta Workers’ Compensation lawyers find that there is little attention paid to the issue of workplace violence, and ways to prevent it.

Last month a workplace violence incident in California drew attention to this very serious safety issue. The incident occurred at the Lehigh Southwest Cement Permanente Plant, where an employee opened fire on coworkers at a meeting. They were about 15 people at the meeting. Three of them were killed. At least six other people sustained injuries. There is no information yet about what caused this rampage.

Experts warn that many companies have an ingrained culture that encourages employers to neglect any signs of potentially troubling behavior employee. This can be dangerous. Employers need to be aware of workers who may have any history of the psychological or mental health problems. 

Posted By Robert Katz In Workers Compensation | 0 Comments Permalink

The Occupational Safety and Health Administration is likely to propose more than $55,000 in fines for an Alpharetta-based general contractor for a series of violations at a construction site in Tifton. Inspections conducted by the federal agency found that the contractor, Ganaway Contracting Co. Inc. of Alpharetta committed 14 safety violations. Companies with this many safety violations often face a high level of serious workers’ compensation claims.

The inspections were focused on identifying violations that increased the risk of workers suffering fall accidents in the construction industry. Overall, the Occupational Safety and Health Administration cited Ganaway Contracting Co. Inc. for repeat violations that included worker exposure to fall hazards. These type of construction accidents often result in the most significant workers’ compensation claims due to the severe personal injuries involved. Workers’ compensation attorneys have always advocated for tough punishments of companies which repeatedly engage in unsafe practices.

Agency inspectors found that the company allowed workers to work from heights of above 15 feet without requiring any kind of fall protection, used ladders with missing or broken parts, and used ladders that did not sufficiently extend beyond the landing surface of the roof. The company also did not require workers to wear eye protection when they were performing critical tasks, like using pneumatic nail guns and electric drills. Repeat violations are issued when a company has earlier been cited for the same violations or similar violations. In this case, Ganaway Contracting Co. Inc. had been cited for similar violations in Alabama as well as in Oakwood, Georgia.

The company was also cited for several serious violations. These also involved exposure of workers to dangerous fall hazards. Workers were allowed to work on a wooden platform supported by a forklift, even though the forklift manual expressly  forbids the use of the forklift for this purpose. The company also failed to provide workers personal fall protection gear and failed to require workers to use protective headgear in environments where they could be injured by falling materials. Serious violations are those where there is a substantial risk of personal injury or wrongful death from a hazard, of which the employer should have been aware.

Posted By Robert Katz In Workers Compensation , Workzone Accidents | 0 Comments Permalink

When the Department of Labor and Industries makes a visit to a workplace, it leads to a dramatic increase not just in workplace safety standards, but also the company's profits.

Researchers with the Safety and Health Assessment and Research for Prevention program used inspection data and workers’ compensation claims. The data came from the Washington State Department of Labor and Industries, and involved claims between 1998 and 2008. The researchers were pleasantly surprised to find that inspections by the Department of Labor and Industries automatically translated into a substantial reduction in Workers Compensation injury claims. There was also a reduction in the costs of claims after these inspection visits. These results were no surprise to workers’ compensation lawyers who have longed advocated for more frequent safety inspections.

That's not all. The researchers also found that the greatest decrease in workers’ Workers’ Compensation claims came after an inspection resulted in a citation. The researchers found that when the inspection resulted in citations for workplace safety, there was a reduction of as much as 20% in worker injury claims, compared to work sites that were not subjected to an inspection. What's more, the reduction in worker injury claims resulting from inspections also enhanced the company’s bottom line.

When inspections were conducted at fixed-site businesses, it resulted in a 4.3% decline in injury claims, compared to those sites where such inspections were not conducted. When these inspections were conducted at non-fixed-site businesses like construction sites, there was a 3.1% decline in workers compensation claims.

Posted By Robert Katz In Workers Compensation , Workzone Accidents | 0 Comments Permalink

An apprentice journeyman was killed in an electrocution accident in Americus, Georgia last month. According to news reports, the worker had been standing on a ladder when he came in contact with a live wire. He then fell 12 feet down the ladder. The man had been working for Inglett and Stubbs Electrical Construction Company. The construction accident will likely result in a workers’ compensation claim by his family.

The month of August also saw another fatal electrocution accident in Georgia. A Georgia Power Co. lineman was electrocuted when he came into contact with a power line near Brookfield. The worker and his colleagues were trying to restore power after a line was cut. At some point, the worker came in contact with a live line, and was electrocuted. These accidents are an ever present reminder of the need to increase the level of benefits provided to the family of workers killed by on-the-job accidents.

Almost every worker is exposed to some degree of electrical energy while working. However, some types of workers may be at a higher risk of electrical accidents and electrocutions, because of the nature of their work. For instance, electricians or lineman working for power companies are clearly exposed to greater electrical injury hazards that the average construction worker.   

There are a number of ways that workers may be exposed to electrical hazards in the workplace. Contact with a high tension power line or a live wire almost always leads to fatal electrocution. However, workers can also suffer an electrical shock while working with defective power tools, or suffer serious burns as a result of contact with a live wire. Sometimes, the impact of an electrical shock may throw a person several feet away, and lead to a fall. 

Posted By Robert Katz In Workers Compensation , Workzone Accidents | 0 Comments Permalink

According to the Bureau of Labor and Statistics the number of workplace fatalities and workplace injuries in the Unites States has declined over the past year. Even with the nationwide institution of workers’ compensation statutes, which allow injured workers, or the heirs of workers killed while on the job, to recover for medical expenses that arise as a result of the injury, and a portion of weekly earnings lost as a result of the injury, a decrease in the number of workplace injuries and fatalities can only be good for workers. Or can it?

According to The Business Journals, the poor economy may have more of an impact on the decrease of workplace fatalities than anything else. Ironically, what should be a victory for workers across the United States may have actually come at their expense.

In 1970, the United States Congress created the Occupational Safety and Health Administration (OSHA). The purpose of OSHA was to “ensure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education and assistance.  Goal was to decrease the number of workplace fatalities and injuries.” In addition to the establishment of OSHA in 1970, several states have also instituted workers’ compensation laws that provide compensation to workers, or their families, who have either been injured or killed while on the job.

Over the past years, since the establishment of OSHA, there has indeed been a decline of workplace injuries. According to the Secretary of Labor, Hilda Solis, the number of workplace fatalities is down significantly from the 14,000 estimated deaths that occurred in 1970. In 2010 there were 4,547 fatal work injuries in the United States, almost 10,000 less than in 1970.

Posted By Robert Katz In Workers Compensation | 0 Comments Permalink

A Jackson-based contractor has been cited by the Occupational Safety and Health and Administration for several safety violations that led to a trench collapse in Cumming early this year which resulted in the wrongful death of a worker. Unfortunately, under the workers’ compensation act, the workers’ family is extremely limited in what it can recover due to this on-the-job accident. Despite efforts by workers’ compensation lawyers for years to improve the benefits for families of workers killed on-the-job, the workers’ compensation laws have simply not improved.

The company, 2-Brothers Enterprises Inc was cited for several willful and serious violations related to the trench collapse. The collapse occurred in February at a worksite in Cumming. In the trench was a twenty-year-old worker who was trapped by the falling soil. Emergency crews managed to extricate the worker, but he died from his injuries.

The Occupational Safety and Health Administration began an inspection after it found out about the cave-in. When OSHA inspectors arrived at the scene, they found that the trench had been excavated to install a sewer line. The trench was approximately 40 foot long and 9 feet deep. However, there were no safeguards in place for protecting workers inside the trench. The trench walls were vertical, and unstable. Large amounts of soil and dirt had simply been stacked on the edges of the trench. In fact, the collapse had been triggered by these mounds of dirt falling into the trench. 

The Occupational Safety And Health Administration now says that there were several willful and serious violations that contributed to this trench collapse. There were 2 willful violations. The willful violations involved placing soil within 2 feet of the edge of the trench and failure to provide cave-in protection to workers inside the trench. According to the Occupational Safety and Health Administration, a willful violation is one that is committed with intentional disregard for worker safety. 

Posted By Robert Katz In Workers Compensation , Workzone Accidents | 0 Comments Permalink

In May, the Occupational Safety and Health Administration issued 10 safety citations against Tyson Foods at one of its plants. Nine of the violations cited conditions that posed a "substantial probability" of wrongful death or serious personal injury from a hazard the employer knew, or should have known, about. The third was a repeat violation that the company had been asked to fix once before. So serious were the violations that OSHA fined the food processor $71,500, which was $30,000 more than the original estimate. It is these types of plants that often result in significant workers’ compensation claims.

The hefty price tag that accompanied the violations is understandable in light of the offenses. Says reporter Rick Romell of the Journal Sentinel, among the violations are: an inadequate guardrail; battery cables hanging outside the running lines of two forklifts; failure to ensure that refrigeration mechanics wear tight-fitting, annually tested respirators; and a lack of clear instructions in operating procedures for handling emergencies with equipment. The Occupational Safety and Health Act of 1970 (OSH Act) requires that employers provide their employees with work and a workplace that is free from recognized, serious hazards. Some duties under the act include:

1. Making sure employees are aware of all safety procedures and drills.
2. Implementing preventive measures to protect employees.
3. Posting safety warning signs and labels on areas and equipment that may potentially be dangerous.
4. Informing employees of their rights, which may include posting posters and information regarding workers’ compensation in employment manuals.

Perhaps OSHA intends this ruling to serve as a warning to similar companies who fail to implement proper safety measures and whose employees are often called upon to work in hazardous conditions. The statistics say quite a bit. In 2009 the U.S. Department of Labor reported over 3,000,000 recordable cases of nonfatal injuries in the workplace and 4,551 fatalities. Of the nonfatal injuries, 212,760 involved falls, 195,150 involved injuries to the back and 379,340 resulted in sprains, strains, and tears. All are injuries that could have occurred at the Tyson’s plant absent correction of the infractions.

In the event that a worker suffers an injury while on the job, he/she must be aware of the options available to them. Workers’ compensation provides an invaluable protection to workers in such situations – in more ways than one. It provides qualifying injured workers with weekly payments to cover loss of earnings and payment of medical expenses. When the injury requires time away from work, workers’ compensation may also provide vocational rehabilitation expenses to assist workers with their transition back into the work environment. Finally, if the injury results in a temporary or permanent impairment, a worker is generally entitled to payment based upon their impairment rating.

Posted By Robert Katz In Workers Compensation , Workzone Accidents | 0 Comments Permalink

A construction worker was killed last week in a workplace accident at a high school site in Atlanta. The man had been working on an addition project at a school in south Atlanta, when he fell 20 feet from a hydraulic lift. 

According to authorities, the entire accident was triggered when a piece of metal pipe fell from the ceiling of the addition, and crashed into the lift which was holding the worker. The impact caused the lift to jerk, and the worker fell about 20 feet below onto the pavement. He sustained serious injuries, and died.

According to news reports, the victim worked for a subcontractor on the project. The Occupational Safety and Health Administration has begun an investigation into the accident. In the meantime, the site has been temporarily shut down. See Worker Killed in Fall.

The construction sector is one of the most dangerous workplaces for workers in the United States.   Out of every three worker accident deaths every year, one occurs in the construction industry. There are a number of ways that a worker could be injured on a construction site. Workers may be injured in slip and fall accidents, or by falling debris. They may be injured in accidents involving construction equipment, like forklifts.  Construction workers are also at a higher risk of electrocution involving high-tension overhead and underground power lines. 

Posted By Robert Katz In Workers Compensation , Workzone Accidents , Wrongful Death | 0 Comments Permalink

Atlanta Workers’ Compensation lawyers are likely to see a spike in the number of claims being filed by older American workers. The Centers for Disease Control and Prevention is warning in a new study that the number of senior workers being injured in workplace accidents, has increased substantially.  As the CDC noted, the increase in work accidents for seniors is likely due to the fact that we have more senior in the workplace than in the past due to the recession. Therefore, more and more seniors will have workers comp claims to assert. Unfortunately, some insurance companies are likely to take advantage of the fact these seniors have more limited life expectancies to reduce the level of their settlement offers in worker comp cases beyond what is reasonable for that issue.

According to the Centers for Disease Control and Prevention, the number of injured older workers in the workforce increased from 12 % in 2003 to 17% in the latest estimates. The Centers for Disease Control and Prevention says that much of the reason for this increase has been the fact that there are more older workers in the workforce now than ever before. During these troubled economic times, many seniors who had been looking forward to retirement, have been forced to re-enter the workforce instead. In many cases, these older workers are entering a work environment that has simply not taken their specific safety issues into consideration.

For instance, older workers may be at a high risk of certain types of accidents, like slip and fall accidents. They may also be at a high risk of fall accidents from elevated surfaces, or from ladders and stairways. These falls can leave an older worker with serious injuries, like fractures, hip fractures, broken ribs and other injuries. A hip fracture, for instance, can mean the end of an older worker’s ability to earn a livelihood. In fact, studies show that older persons who suffer a hip fracture, have a much higher risk of dying within a year after suffering the injury, than those who have not suffered a hip injury.

If you have been injured in a workplace accident, contact an Atlanta Workers’ Compensation attorney to understand your rights.

Posted By Robert Katz In Senior Citizens , Workers Compensation | 0 Comments Permalink

A worker at a wastewater treatment plant in Hall County has suffered serious burn injuries in an electrical accident this week. This type of accident generally results in a complex workers compensation claim. The workers compensation insurance company often launches an immediate investigation to determine if there is any basis to deny the claim. The insurance company will then work hard to direct the person’s care to limit their financial exposure in the matter. As Atlanta workers compensation attorneys are well aware, it is important for workers injured in severe accidents to obtain counsel as soon as reasonably possible.

Also, this type of accident often results in a personal injury claim against a third party. For instance, the injuries may have resulted from a defective product or the negligence of a third party who previously worked on the device. Accordingly, a worker should make certain that the incident is thoroughly investigated for any potential third party personal injury claim.

The man, an electrician, was apparently the employee of a subcontractor, and was working at the County- owned Spout Springs Water Reclamation Facility when the electrical panel he was working on, exploded. The man suffered serious burn injuries, and was rushed to the Grady Memorial Hospital, one of the premier burn treatment facilities in the country.

According to the Hall County Fire Department, the worker was trying to locate some blown fuses, when the electrical accident caused a flash fire. As a result of the flash fire, the worker sustained second-degree burns to his arms and hands. The man was an employee of MacArthur Electric.

Burn injuries are some of the most common injuries sustained in an electrical accident. Electrical burn injuries may have deeper surface penetration, and may be much more serious than other kinds of burns in the workplace. The risk of serious electrical accidents and burn injuries may exist everywhere-from the workplace to your home. Burns may be caused due to the use of defective electrical tools, appliances or other electrical products. If these products have exposed or loose wiring or malfunctioning components, a user may be at a high risk of an electrical shock. 

Burn injuries in the workplace typically involve workers who work in close proximity to power lines and sources of electricity, like electricians. Construction workers may also be at a high risk of electrical accidents, because of malfunctioning tools. Besides, crane operators may be at a high risk of electrocution from contact with high-voltage overhead power lines.

The Atlanta Workers Compensation lawyers at the Katz Law Firm represent victims injured in workplace accidents across Georgia.

Posted By Robert Katz In Burn Injury , Workers Compensation | 0 Comments Permalink

Last month, Atlanta workers compensation lawyers marked the 100th anniversary of the deadly Triangle Shirtwaist factory fire that killed 146 workers, and sparked a public outcry, ultimately resulting in Workers’ Compensation reform and more rights for workers. Injuries to workers was very common in this time period. However, it took a workplace tragedy to spur reform.

The accident occurred on March 25, 1911, as workers, mainly tailors and seamstresses, at the factory were about to head home for the day. Many of them never made it out. The building was already on fire, and most of the women, mainly young immigrants, were trapped inside the building. 

Shockingly, the doors had been locked, and many of the victims died trying to force them open. Some had no choice, but to jump out of the windows. The horrors inside the building were only matched by the incompetence outside. Firefighters rushed to the scene, but quickly found that their hoses would reach only the sixth floor of the Asch Building, which housed the factory on the 8^th, 9^th and 10^th floors. Firefighters were left with no other choice, but to form human chains to reach the higher floors, and use nets to catch those who desperately jumped out the windows. Most of these efforts were unsuccessful. After the tragedy, the factory owners were indicted for manslaughter, but were soon acquitted.

It was this tragedy that set the tone for compensation for workers after an accident, and ultimately workers’ compensation, as we know it. Unions demanded change and more safety regulations. The Factory Investigation Commission was set up, and soon after, the New York legislature enacted 36 statutes to regulate workplace safety, paving the way for the Workers’ Compensation Act.

Posted By Robert Katz In Workers Compensation | 0 Comments Permalink

Trench collapses are some of the most preventable workplace accidents and result in numerous workers compensation claims.  Most of these collapses can simply be prevented by shoring up the walls of the trench, and determining whether the trench is safe to be used before workers are allowed inside. Failure to take these basic steps can be lethal. Workers’ compensation insurance carriers would be wise to perform workplace inspections more frequently and more thoroughly to prevent these accidents.

A worker was killed earlier this week in a trench collapse in Augusta, Georgia. The 37 -year-old worker and another man were in the trench, working on pipes. The trench was about 6-feet deep. According to news reports, water began to seep into the trench, and one wall collapsed. The two men were quickly buried under the sand. Firefighters were able to pull one worker out of the sand, digging frantically with their shovels and hands. However, they could do nothing to reach Augusta-resident Jimmy Roubles, who likely asphyxiated just a few minutes after being buried by the sand. He was declared dead just after noon. The Occupational Safety and Health Administration has been notified about his death. 

Recovering Roubles’ body proved to be a challenge to the firefighters, with only one firefighter being allowed into the trench at a time to avoid another collapse. The body was recovered at about 3 PM. That delay in recovering the worker’s body should give Atlanta construction accident lawyers a sense of the instability of the trench. 

Families of workers killed on the job in Georgia may be eligible for Workers’ Compensation death benefits that work out to approximately two-thirds of the deceased worker’s weekly wage at the time of the accident. The spouse and dependent minor children of the worker may be eligible for these benefits. Besides, a surviving spouse of a worker may also be eligible for burial expenses. Dependent minor children of the deceased worker may be eligible for Workers’ Compensation payments until they reach 18 years of age.

The Atlanta Workers’ Compensation attorneys at the Katz Law Firm help injured workers recover the Workers’ Compensation payments that are due to them.

Posted By Robert Katz In Workers Compensation | 0 Comments Permalink

     The next big fight with workers compensation insurance companies is likely to be whether injured workers have the right to incorporate Wii Fit and Wii Resort into their physical therapy routines at home. Attorneys for injured workers need to be prepared for this next battle because the lawyers for the workers compensation insurers and employers are going to fight this issue at every step. OnSite Rehab Physical Therapy in Atlanta, Georgia has starting using Wii when providing injured workers rehabilitation. The Wii workouts are incorporated into the workers physical therapy routines. Therapists allow injured workers to use the Wii after the therapists finish their hands on treatment and the workers demonstrate appropriate knowledge of their home exercises. It is unlikely that workers compensation insurance carriers are going to purchase Wii devices for the homes of injured workers without a fight despite the recommendations of the physical therapists. That choice is probably penny wise, but dollar foolish. Injured workers who have used the Wii have shown significant improvement in their recovery. Therefore, the workers are likely to get back to work much quicker if they incorporate the Wii into their rehabilitation thereby providing workers compensation carriers substantial savings.

                Jan W. Braunstein, the Owner of OnSite Rehab Physical Therapy, decided to incorporate large screen televisions into the company’s gym when they opened a new location. She understood that therapists in other parts of the country who incorporated Wii into the workout routine saw some positive results. She sees the Wii as an excellent way to motivate injured workers to perform their regular exercises. Ms. Braunstein points out that if more employees worked out regularly with Wii, they would likely strengthen their muscles resulting in a decrease in on-the-job injuries.

                If you are an injured worker and believe that using Wii in your exercise routine would be helpful, you will likely need to prepare for a  fight to get the device in your home. Workers compensation insurers and employers will be very weary of authorizing payment for the devices. To fight this battle as well as all the other battles that generally arise when you are trying to get the care you need to return to work, you should consider hiring a qualified workers compensation attorney. If you would like to have a free consultation regarding your workers compensation claim, click here to contact the law office of Robert N. Katz.

Posted By Robert Katz In Workers Compensation | 0 Comments Permalink

Sugar Refinery Explosion Report Says Fire Entirely Preventable

At the time, it was one of the worst industrial disasters in the country, and the most devastating Georgia Workers' Compensation lawyers had seen in decades. When combustible sugar dust at a refinery near Savannah ignited and exploded last year, it set off a blazing fire that razed much of the facility. Fourteen 14 workers at the Imperial Sugar Refinery were killed and 36 injured, many of them severely burnt. Now, the Chemical Safety Board has issued its report on the accident, and the agency's findings are a damning indictment of the plant's managers and owners.

According to the report, there were several factors that were to blame for the explosion, and all of them were entirely preventable. Poor maintenance, improper equipment design and substandard housekeeping were at the root of the explosion and fire. Worse, according to the report, managers were aware about the dangers of an explosion from combustible sugar dust, but failed to take measures to prevent the tragedy. In fact, the sugar industry had been aware of the dangers of sugar dust igniting and setting off an explosion and fire, as far back as 1925.

The Chemical Safety Board report says the Savannah explosion most likely occurred inside a conveyor that had been enclosed. The enclosed conveyer created a small confined space where sugar dust accumulated, generating conditions that were ripe for a dangerous explosion. When Occupational Safety and Health Administration (OSHA) officials conducted an inspection after the tragedy, they found that in some places, sugar dust accumulation was up to four feet deep.

In July, last year OSHA proposed that a fine of $8.7 million be imposed on Imperial Sugar, which has appealed the fine.

Posted By Lisa Siegel In Workers Compensation | 0 Comments Permalink

A fire at the Equinox Chemical Plant in Albany has left one person severely burnt. The flash fire occurred on April 15^th. 37-year-old Jason Pate suffered second and third degree burn injuries over up to 70% of his body. He was taken to the Augusta Burn Center where his condition has been listed as critical.

According to preliminary investigations, Pate was operating chemical machinery when two gas kit seals suddenly ruptured, due to pressure. That caused the manifold system to blow off the Acetylene, igniting and sparking a fire. The company has shut down production, pending an investigation of the accident. Firefighters remained at the plant all night to ensure that all Acetylene tanks were empty, and there was no danger of fire. 

Fire safety is imperative in a chemical plant where the risk of fire and explosions is always present. Burns that result from a chemical fire are severe, leaving long term scars. These burns are extremely painful, and cause significant tissue damage. In cases that are as severe as Pate's case here, skin grafting may be necessary. All this means many days away from work while the body heals enough to allow for skin graft surgery, as well as a long healing period later.

Second and third degree burns are the most serious levels of burn injuries. While in a first degree burn, only the first layer of skin is damaged, in a second degree burn, two layers of the skin are burned. Blisters form, and the skin has a shiny, wet looking appearance. The skin also has a deep red color, and is painful. In a third degree burn, all layers of the skin are damaged, and there is damage to tissues too. Here, the burnt areas will be red and swollen, and the person will be in severe pain. A patient can quickly go into shock, and skin will be charred or white. These burns take a longer time to heal. Even with skin grafts and treatment, these burns may leave behind permanent scaring.  The skin in the burnt area may not recover its normal function ever.

The recovery period involved in a burn injury increases with the percentage of the body that has been burnt. A person with more than 50% burns on his body has a higher risk of fatality, and if he survives, has a much longer road to recovery.

Georgia Worker Compensation Attorney

Georgia’s Worker Compensation laws allow for compensation to an injured worker which can cover the cost of his medical expenses, including expenses that may come up in future. For instance, in burn injuries, as the skin continues to heal and change in appearance, there may be the need for more reconstructive surgeries to restore the appearance of the skin. This will involve additional costs.

If you have questions about Worker's Compensation rights, an experienced Georgia Worker's Compensation attorney can help you find the answers you need.

Posted By Lisa Siegel In Workers Compensation | 0 Comments Permalink

Construction sites are some of the most dangerous work places, with the industry occupying 3^rd place in the number of work-related fatalities every year. Most of these accidents are completely preventable, if only employers make provisions for proper training of workers and adequate safety measures. In one such preventable accident, a construction foreman in Cartersville, Georgia was killed earlier this month in a trench collapse accident.

James Hilbish was working in the trench as part of a sewer line installation on the 4^th of February when the cave in occurred. The trench was reportedly 30 feet in depth, and at least 25 to 30 feet in length His body was found more than 3 hours later.  Hilbish worked for an Alabama company which had subcontracted the job from the Bartow County Water Department. No other injuries were reported in the accident.

A trench collapse is one of the most dangerous of all accidents on a construction site. The process of heaping mounds of soil on top of the trench walls can lead to the wall becoming weak and unstable.  Besides, the soil that's piled high on the walls can quickly shift under provocation, and began to pour into the trench within seconds. When this happens, any workers inside the trench are at risk for death by suffocation. In most cases, attempts to rescue workers can be extremely difficult because of the speed with which such collapses occur. Rescue attempts are also made more dangerous by the fact that disturbing the soil further can trigger off more cave-ins. That’s why these accidents so often result in fatalities.

Atlanta Worker's Compensation Attorney

Although trench work is dangerous in nature, employers can take steps to prevent a collapse. Precautions must be taken to stock the excavated soil away from the mouth of the trench, so that the soil, which can weigh tons, does not pose a hazard to the workers in the trench. Workers must also be provided ladders or some other protection systems through which they can make their way out of the trench in the early signs of a cave-in.  Unfortunately, very often, employers fail to take adequate safety precautions in an effort to cut costs. Injured workers may seek the help of an Atlanta Workers Compensation attorney to help recover damages for their injuries. In case of a worker's death, his family can file a lawsuit with the help of a Georgia wrongful death lawyer to recover funeral costs, lost wages etc.

Posted By Lisa Siegel In Workers Compensation | 0 Comments Permalink

A Richmond County worker has been killed in a crane accident at an International Paper wood yard facility. A press release by the company has said that Bill Drake was killed on February 2^nd at the plant's facility on the Mike Padgett Highway. Drake was engaged in clearing wood debris on the tracks when he was struck by the metal cage of the crane. He died at the scene of the accident.

Drake worked as a crane operator, but that particular morning, he had been assigned the task of clearing the tracks.   As per normal procedures, the Occupational Health and Safety Administration has initiated investigations into the accident. The company seems to have no record of accidents at the plant over the last five years. However, it has been subjected to inspections twice because of complaints. The first inspection resulted in fines for both minor as well as more serious violations, while the second inspection conducted last year did not yield any violations. An investigation by OSHA will likely take months, and it wouldn’t be possible to draw conclusions about the causes of the accident before the findings are out. There are several questions that can be raised about the accident though – for instance, who was operating the crane at the time of the accident? Was it a trained and qualified crane operator? Did Drake receive warnings while he was engaged in the debris clearing work, alerting him to possible danger from the crane? 

Very often, workplace accidents are the result of inadequate safety precautions followed by employers as well as other workers at the scene of the accident. Employees need to be properly trained to handle the tasks they are performing, as well as a safe working environment where all safety precautions are followed stringently.

Employees who have been injured in a workplace accident are eligible for a package of compensation benefits under Georgia's Workers Compensation laws that may include compensation for economic losses like medical bills, physical rehabilitation expenses, medication costs etc. In case of the death of a worker, his family may be entitled to compensation under wrongful death statutes. Here, damages recovered may include funeral and burial expenses as well as wage payments made to the survivors of the deceased over a specified period of time. For obvious reasons, it serves employers best to have to pay out as few benefits as possible. That's why it's important to discuss your situation with a Georgia Workers Compensation attorney before agreeing to a benefits package offered by your employer.

Posted By Lisa Siegel In Workers Compensation | 0 Comments Permalink

Clarke County School District has been struggling with rising costs that have been traced in part to an increase in the number of Worker's Compensation claims the district has been forced to pay out. These benefits amounted to $1.6 million last year alone, and now, administrators are looking at a whole new approach to cutting down costs.

The district has set up a district wide committee for supervision of safety measures implemented in schools to reduce the number of injuries and accidents that result in Worker's Compensation claims. 20 smaller committees have also been established. Each school committee will have the responsibility of conducting investigations into all accidents that occur on the premises, and give the school principal a report on how best to avoid such accidents in the future. Teachers and employees often tend to be injured breaking up student fights, or as a result of slip and fall accidents on the school premises. Many of these injuries can be prevented if there are adequate structural and management changes made in these schools, and that’s what the Clark County school district seems to be aiming at. Improving safety on school premises is being seen as a preferable way to cut costs instead of cutting down on important school programs, the district says.

Georgia Worker's Compensation Claims

An employee in Georgia who is injured in the workplace is eligible for a package of benefits under the Worker's Compensation Act. To avail of these benefits, an employee doesn't have to prove negligence on the part of the employer. Besides, Worker's Compensation benefits, employees may also be eligible for personal injury compensation from third parties who may have been responsible for the injury, like companies that are responsible for building or maintaining the premises etc.

No matter what the size or nature of the injury, it's always best to consult with an experienced Georgia Worker's Compensation attorney before you settle a claim. Employers always prefer to have to pay out as little in claims as possible, and this works to your disadvantage. If you have been injured in a workplace accident, contact the Worker's Compensation attorneys at the Katz Law Firm for a free consultation.  

Posted By Lisa Siegel In Workers Compensation | 0 Comments Permalink

More than two weeks after the construction accident at the Atlanta Botanical Garden that killed one worker and injured 18 others, the last worker who was still receiving treatment for his injuries, has been discharged from the hospital.

That means all of the workers who were injured are now back at home, many still facing the prospect of extensive physical rehabilitative therapy to regain their strength.   Since the collapse of the pedestrian walkway at the Garden on December 19, doctors have treated workers with injuries ranging from fractures, to spinal and brain injuries. Fortunately, there have been no spinal cord injuries that resulted in paralysis. At The Shepherd Center, where doctors treated at least half a dozen victims of the collapse, all the workers were able to walk out of the facility.  Fortunately, there have been no spinal cord injuries that resulted in paralysis.

The accident occurred when workers were pouring concrete on the walkway, billed as the only one of its kind in the country. The bridge suddenly collapsed, toppling all workers standing on the bridge, more than 40 feet to the ground below.   One worker, Angel Chupin was confirmed dead in the initial minutes after the accident. The collapse has raised questions about the stability of the under-construction pedestrian bridge, and the kind of priority given to the security of workers who were on the bridge. In the days after the accident, we have also learned that Hardin Construction, the company that was overseeing construction work at the walkway, has had a worker die in an accident in 2001, when his head became trapped between a ceiling and platform at a construction site. The concrete company that was overseeing the pouring of the concrete on the walkway has also had a worker death in the past due to a truck malfunction.  The Occupational Safety and Health Administration is conducting investigations into the accident at the Garden, but it will be months before we find out the level of negligence that may have caused the structure to collapse the way it did.

Construction Accidents

Fall accidents are some of the most common ones that occur in the construction industry. Unstable, poorly constructed scaffolding, the absence of guardrails to protect from a fall, and poorly designed platforms can all contribute to workers falling from elevated positions, and sustaining severe traumatic injuries. Fortunately, workers are covered under Georgia's Worker's Compensation laws that provide for reimbursement of medical bills, lost wages and other expenses in the event of a workplace accident.

If an employer delays compensation to the worker, denies it, or pays out lesser than is due, then an Atlanta Worker's Compensation attorney can help the employee obtain the compensation he deserves.  In addition to Worker's Compensation which can often be insufficient, a worker can hire an Atlanta personal injury lawyer to file lawsuits against other parties that may have been responsible for the accident, including manufacturers of defective equipment, architects and engineers who were responsible for the design of the structure, or in this case, the concrete company that had been hired for the pouring of the concrete. 

Posted By Lisa Siegel In Workers Compensation | 1 Comments Permalink

Two sugar refinery workers died over the weekend from the February 7^th explosion at the Imperial Sugar Plant in Port Wentworth, Georgia. That brings the total number killed in this workplace accident to 11. Twelve remain in critical condition at Doctors’ Hospital in Augusta, Georgia. Two are in serious condition. Over forty workers were injured and released from treatment. 
 

The explosion occurred Thursday night around 7:30 p.m. when plant workers were packaging refined sugar into Dixie Crystal bags. Investigators believe the blast was caused by the accumulation of sugar dust in a basement area beneath the plant’s storage silos. Sugar dust is combustible. While the cause of the ignition is not yet known, stacked and dry sugar could create a static electric charge that could have ignited.

The explosion was so powerful that neighbors thought a bomb went off.   Floors inside the plant collapsed, flames spread throughout the building, metal girders buckled, and sheet metal corridors connecting the plant buildings gave way. Molten sugar burned at more than 4000 degrees. Fire crews worked through the night and for several days following to put out the flames. Doors to the plant were glued shut by crystallized sugar sludge.

Dust explosions in industrial plants have killed more than 120 workers over the past three decades. Most accidents are preventable by removing fine dust build-up. The U.S. Chemical Safety Board, which investigates industrial chemical accidents, recommends that OSHA (Occupational Safety and Health Administration) issue a comprehensive combustible dust standard. To date, OSHA has not done so.

Imperial Sugar is one of the oldest and largest employers in South Georgia. The plant sits on a 160-acre site along the Savannah River. The plant consists of a warehouse, three silos and several eight-story buildings connected by sheet metal corridors. The Port Wentworth facility turns raw cane sugar into crystal sugar. The plant opened in 1917 and retains much of the original tongue and groove hardwood flooring that contributed to the blaze. Imperial is based in Sugar Land, Texas. It acquired Dixie Crystal Sugar in 1997, making it the largest processor and refiner of sugar in the United States. In 2007 Imperial Sugar reported $360 million in assets.

Generally, when you have been injured in a workplace accident, you are entitled to workers compensation benefits. The amount of recovery, however, may be more limited than in a personal injury claim against a third party. However, workers injured while on the job are entitled to no-fault benefits, meaning proof of the employer’s negligence is not required.   

Workplace accidents can cause serious injuries. If you or a loved one have been injured in an accident while on the job, contact the law firm of Robert N. Katz for a free, personal consultation. One of our workers’ compensation attorneys may be able to help you in your claim.

Posted By Lisa Siegel In Workers Compensation | 0 Comments Permalink