Workers Compensation

Published on: March 31, 2020

Increased Number of Workers Could Mean Increased Accident Claims

In the past few weeks while the country, and globe, has been dealing with the COVID-19 pandemic, millions of workers in a variety of fields have been laid-off, furloughed, or told to work from home.

However, there are still several industries and businesses that remain open during these times. The businesses that do remain open are usually ones that have seen a surge in demand, such as grocery or other essential retain, and delivery providers. With the sudden increase in the need for additional workers, many employers have had to forego the usual interview requirements, safety screening or training in order to meet new demands. While having people still be able to participate in the workforce is essential during these times, will these short-cut hiring practices result on more problems, and more specifically accidents, down the road?

One of the potential problems that may result is more on-the-job injuries by employees who were not adequately trained or protected to perform their jobs. States have laws that require most employers to have workers compensation insurance in case their employees become injured on the job. In many states, including Georgia, filing a workers compensation claim is the exclusive remedy that an employee has against an if he or she sustains an injury at work. The more employees are performing tasks that are unfamiliar to them, the more likelihood there is of any injury.

Published on: June 6, 2019

Employers Can Be Liable For Their Employee’s Accidents

by Robert N. Katz, Esq.

We have all seen it too often in the Atlanta area – delivery drivers and other commercial vehicles driving too fast or recklessly for the traffic conditions in an attempt to get to where they need to be. Recently, there have been a few cases in the news where a driver of a commercial vehicle was involved in a car accident while on the job. In one case, a delivery driver of a very well-known sandwich company rear-ended another vehicle causing injuries to both people in the car that was hit. In other cases, a tractor trailer driver crossed a median and caused a head-on collision resulting in catastrophic injuries. And earlier this year, a limousine driver was driving too fast for the conditions causing the limo to swerve off the road and killing all eighteen of its passengers.

In all of these cases, the offending driver of the commercial vehicle was on the job when the accident occurred. In such situations, the employer of the negligent driver can be held liable for their employee’s actions. Under Georgia law, if an employee causes a car accident while driving a vehicle owned by his employer, it is presumed that the employee was acting in the scope of his employment. In order to avoid being held liable for the accident, the employer must show that the employee was not acting in the scope of his employment at the time the accident occurred. This doctrine is known as vicarious liability.

An employer can also be liable for their employee’s negligence under the theory of negligent entrustment. In order to recover compensation against an employer for their employee’s negligence, you must be able to show that the employer had actual knowledge of the employee’s negligent behavior. In other words, if the employer knew that their employee had a pattern of, or caused, other prior accidents, while on the job, the employer could be held liable if they did not take any action to prevent their employee from causing any further accidents.

Published on: April 21, 2019

Georgia DOT Launches Work Zone Safety Campaign

by Robert N. Katz, Esq.

Every year, hundreds of motorists and construction workers in Georgia are injured in accidents in highway work zones. To raise awareness about the important of safety in these zones, the Georgia Department of Transportation recently launched a special awareness and education campaign.

The campaign is called Drive Like You Work Here, and it aims to raise awareness about the special dangers construction workers face while working in highway work zones. These construction workers provide a vital service to the nation, namely by helping with infrastructure development projects that are oftentimes the lifeblood of our state’s economy. However, they are also frequently at risk from motorists who fail to understand the need to pay special attention they drive through these congested work zones.

It is not just construction workers who are at risk when motorists drive through these highway work zones without paying attention, but the motorists themselves are also at risk for serious injury when they are inattentive or speed through a zone. In the year 2018 alone, there were 52 accident related fatalities in work zones in Georgia. These fatalities were all members of the public, meaning none of the fatalities involved a construction worker.

Published on: October 7, 2013

Highway Safety Expected to Be Affected by Government Shutdown

by Robert N. Katz, Esq.

Certain highway safety initiatives across the country are likely to be affected by the federal government shutdown, which is currently in effect. While some agencies that are responsible for auto safety are likely to be negatively impacted, others that are responsible for trucking safety, fortunately, may escape unscathed.

The National Highway Traffic Safety Administration is one of those agencies that is expected to be affected by the shutdown and resulting lack of funding. This is the federal agency that is responsible for highway safety activities across the country, and therefore, this is one shutdown that has the potential to affect the safety of motorists and passengers.

The National Highway Traffic Safety Administration may be forced to cut several employees as part of the furloughs. That in turn, could also impact not only highway safety, but also trucking safety to a certain extent, because the National Highway Traffic Safety Administration also regulates trucking equipment.

Published on: July 12, 2013

Significant Drop in Georgia Workplace Fatalities

by Robert N. Katz, Esq.

Last year, there was a significant drop in the number of workers killed in accidents and worksites across Georgia.In 2012, there was a 23% drop in workplace deaths compared to the previous year.

The data was released by the Occupational Safety and Health Administration.In 2012, there were a total of 33 workplace fatalities across the state.Just two weeks ago, the Georgia Department of Labor had estimated the number of fatalities at Georgia worksites at 30, and new figures by the Occupational Safety and Health Administration now peg the final number at 33.That number is still significantly lower than the 43 fatalities that were recorded in 2011.This is good news to all Georgians, and also our Atlanta workers comp attorneys.

Out of the workplace fatalities that occurred in Georgia last year, 13 occurred in the construction sector, which invariably contributes to the highest number of workplace fatalities every year.The remaining fatalities included 16 deaths in the general industry, one in the maritime trade industry, and three in the agricultural sector.

Published on: June 27, 2012

OSHA Inspections Reduce Workers’ Compensation Claims, Increase Company Profits

by Robert N. Katz, Esq.

The presence of inspectors from the Occupational Safety and Health Administration at the doorstep is usually a cause for alarm for most Georgia employers.However, that may not be necessary. According to a new analysis, regular inspections by the Occupational Safety and Health Administration helps employers reduce their workers’ compensation claim costs, and may actually improve their bottom lines.

The research was co-authored by professors from Harvard Business School and the Haas School of Business at the University of California-Berkeley and Boston University. The researchers examined a number of workplace safety inspections that were conducted by the California branch of the Occupational Safety and Health Administration, and focused on the impact of these inspections on workers’ compensation claims and costs.

The study, titled Randomized Government Safety Inspections Reduce Worker Injuries with No Detectable Job Loss, found that when the Occupational Safety and Health Administration conducted safety inspections, it actually reduced the number of injuries that occurred in the workplace.Obviously, a reduced number of injuries also led to a reduced cost of workers’ compensation claims.

Published on: January 30, 2012

Investigations into Atlanta Machinery Accident Begin – Workers’ Comp Claim Likely

by Robert N. Katz, Esq.

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.

Published on: December 12, 2011

Georgia Worker Seriously Injured in Power Line Electrocution – Workers’ Compensation Claim Likely

by Robert N. Katz, Esq.

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.

Published on: November 12, 2011

Construction Accident Injuries Are Likely Underreported

by Robert N. Katz, Esq.

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.

Published on: November 11, 2011

Workplace Violence and Workers’ Compensation Claims

by Robert N. Katz, Esq.

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 LehighSouthwest 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.