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

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

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

The Department Of Transportation has announced its annual National Work Zone Awareness Week which will last from 19 April to 23 April.

Every year, the federal administration declares a special week dedicated to highway work zone safety. This year, there are expected to be several active highway repair and construction projects in Georgia. That means Atlantans and Georgians will enjoy better designed, well constructed and safer roadways. It also means that there will be several active work zones across Georgia, increasing the risk of accidents to both motorists as well as construction workers. It’s these accident risks that National Work Zone Awareness Week is attempting to minimize.

The Georgia Department of Transportation is also drawing attention to the fact that highway work zone accidents kill more motorists than construction workers. In 2005, there were 61 work zone fatalities in Georgia. These were deaths that were entirely preventable.

Most work zone accidents can be traced to speeding motorists, but there are other factors like drunk, distracted and negligent driving that can cause accidents. Look out for posted speed limits as you near a work zone. Slow down accordingly. Switch off your cell phone when you enter a work zone. Follow the same steps when you travel through a work zone at night.

It’s important to remember that it may be just another stretch of congested road for you, but for the construction workers, this is their workplace.

The Atlanta car accident lawyers at the Katz Law Firm represent injured victims of automobile accidents in the metro Atlanta area, and throughout the state of Georgia.

Posted By Lisa Siegel In Workzone Accidents | 0 Comments Permalink