Georgia Injury Law Blog

Published on: November 12, 2011

Construction Accident Injuries Are Likely Underreported

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.

Published on: November 1, 2011

Parents Can Do More To Prevent Teen Distracted Driving Car Accidents

by Robert N. Katz, Esq.

Atlanta car accident lawyers strongly believe that parents have a big role to play in setting a good traffic safety example for their teenage children.That’s why the results of a new survey came as a disappointment.The survey claims that many parents are distracted while driving, even while they’re teaching their children how to drive. Distracted driving results in an enormous number of auto accidents involving serious personal injury and wrongful death. Therefore, it is extremely important that new drivers are taught about he dangers of distracted driving by their parents. In order to convey this lesson, the parents must teach by example.

The survey was conducted by insurance company State Farm.According to the survey, 53% of parents admitted that they had been distracted by a cell phone or other device at least once while they were teaching their children how to drive.However, when the surveyors asked teen motorists, they found slightly higher numbers.According to the teen drivers, at least 61% of them had seen their parents being distracted while teaching them how to drive.

The survey also found that parents may not be so aware of the fact that they are displaying undesirable driving practices to their children.The survey found that parents used their electronic devices while driving with their children much more often than they think.About 52% of the teenagers in the survey said that they had seen their parent using a cell phone while driving.However, only 43% of the parents admitted that they used the cell phone when their teenage driver was in the vehicle with them.

Published on: October 31, 2011

CPSC Product Safety Database Hit with First Lawsuit – Effort to limit likelihood of Product Liability Claims

by Robert N. Katz, Esq.

This was something that Atlanta personal injury lawyers had been expecting.Ever since the Consumer Product Safety Commission database that allows consumers to upload complaints about products went online, the attorneys at our law firm have been expecting manufacturers to challenge the manner in which the database allows consumers to publicly post complaints about products.That is exactly what has now happened.An unidentified company has filed a lawsuit to block the Consumer Product Safety Commission from posting what it describes as “baseless allegations” about one of its products.

The database in question here is located on the website saferproducts.gov.The website is operated by the Consumer Product Safety Commission, and the establishment of the website was one of the provisions of the Consumer Product Safety Improvement Act of 2008.That law had been passed after a tumultuous couple of years for product safety in the country.Millions of children’s products and toys had been recalled for high lead content levels, and a number of other deficiencies.The database serves as an early identifier of products which contain defects which may result in severe personal injury or wrongful death.

The database which was launched in March this year, allows consumers to upload complaints about products.These complaints are posted online, and are publicly accessible.Other consumers can view these complaints, and make informed decisions about the products they want to buy.Consumers can post complaints about thousands of products.Manufacturers are given the opportunity to review these complaints, and post their responses.

Published on: October 30, 2011

OSHA to Fine Alpharetta, Georgia Contractor for Workplace Violations

by Robert N. Katz, Esq.

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, GanawayContracting 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 GanawayContracting 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 toughpunishments 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, GanawayContracting Co. Inc. had been cited for similar violations in Alabama as well as in Oakwood, Georgia.

Published on: October 29, 2011

Workplace Safety, Profits Increase after Federal Safety Inspections – Workers’ Compensation Claims Decline

by Robert N. Katz, Esq.

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.

Published on: October 28, 2011

Court Holds Georgia Club Liable for Deadly Drunk Driving Accident

by Robert N. Katz, Esq.

A Georgia strip club has been ordered to pay $1.75 million in damages to the family of a mother who was killed in a wrong-way crash in 2008. This past Thursday, a jury found that the club negligently over-served the drunk driver alcohol shortly before the accident. Liability of this nature falls under Georgia’s dram shop law. It was an accident that claimed his life and the lives of two others, including a young mother, Fatima Bird. While it was never determined exactly how many drinks the club patron had, reports show his blood alcohol level was nearly five times the legal limit. The Atlanta Journal-Constitution quotes attorney Trent Speckhals, of Speckhals Law, who goes so far as to say, “It’s not like someone would be unnoticeable in that condition.” Other experienced Atlanta car accident attorneys are likely to agree. With a BAC of nearly .4, there had to have been a notable loss of control over both cognitive and physical functions, which would have been obvious to the average passerby, much less to a waitress or staff members who had contact with the driver throughout the duration of his club visit.

This case again brings attention to the debate of whether “dram shops” should be held liable for failing to “take the keys” from patrons who appear to be intoxicated or have consumed one too many alcoholic beverages. And again, the jury’s response to this question seems to be a resounding yes. Originally, the term “dram shop” referred to colonial times when taverns used units of liquid measurement called drams to serve alcohol. Today, dram shop liability in Georgia means that that bars, taverns, liquor stores, and other businesses (including grocery and convenience stores) that purvey alcoholic beverages may be held liable for the damages caused by their patrons.

The Dram Shop Act and similar laws are meant to curb instances of selling alcohol to minors and to individuals who are visibly intoxicated. It appears to be a broad and far-reaching theory that reaches even into the recesses of private homes as even owners or social hosts who serve alcohol to guests at a private party, have a responsibility to avoid serving alcoholic beverages to a person who is visibly intoxicated.

Published on: October 27, 2011

New Initiative to Reduce Car Accidents caused by Drugged Drivers

by Robert N. Katz, Esq.

The White House is collaborating with Mothers against Drunk Driving in a new initiative to reduce the number of fatal auto accidents caused every year by drivers under the influence of drugs.While intoxicated driving gets more than its share of attention, as personal injury attorneys have observed, the fact is that the number of car accidents involving drugged motorists has been steadily increasing. Auto accidents caused by drivers under the influence of drugs often result in severe personal injury and wrongful death.

The new initiative was launched by the National Drug Control Policy and Mothers against Drunk Driving.The partnership will increase awareness about the dangers of driving under the influence of drugs.According to Mothers against Drunk Driving, it has already launched a nationwide campaign against driving under the influence of both alcohol and drugs. MADD is also pushing for tougher law enforcement to enforce laws against driving under the influence of narcotics.The drug control policy office will also be releasing educational materials about the dangers of drugged driving, targeted at parents and teenagers.

Driving under the influence of drugs has an adverse effect on a motorist’s driving abilities.These effects are similar to the effects of intoxicated driving.A motorist’s judgment and abilities may be impacted, and his responses may be weakened.Additionally, drugs can affect a person’s motor abilities and his coordination, impacting his driving.

Published on: October 26, 2011

Trial Date Set for Pipeline Explosion Lawsuits

by Robert N. Katz, Esq.

Persons who have filed personal injury and wrongful death lawsuits related to a deadly pipeline explosion in California last year that killed eight people and left dozens injured, will have to wait until July 2012 for justice.A judge in California has set a trial date for the lawsuits for July 23, 2012.Currently, there are more than 90 lawsuits that have been filed against Pacific Gas and Electric Co., the company that operated the pipeline.

Eight people died and dozens of homes were destroyed when a piece of natural gas pipeline ruptured and exploded in a section of San Bruno.The resulting flames blazed for hours, burning down homes.According to the National Transportation Safety Board, the explosion was a direct result of negligence by Pacific Gas & Electric Company.The pipeline which exploded had suffered a fracture from a partially welded seam on one section.

The pipeline had been installed in 1956, when the area was sparsely populated.However, the National Transportation Safety Board found that the pipeline did not meet the existing quality control and welding standards in 1956.The Board found that quality standards had been either overlooked by the company, or ignored.

Published on: October 25, 2011

Georgia Medical Malpractice Caps Affect Patient Rights to Compensation

by Robert N. Katz, Esq.

A congressional committee, which has been convened to look at ways to trim the federal budget and reduce budget deficits, has been hearing from physician lobby groups and other representatives of the healthcare industry.According to these people, healthcare costs can be reduced by limiting damages available to patients through medical malpractice lawsuits.As any Atlanta medical malpractice lawyer will tell you, nothing could be further from the truth.Opponents of medical malpractice caps and Atlanta medical practice lawyers know that this is an old trick – raising financial concerns during these troubled economic times in order to limit patient rights to compensation after being seriously injured by medical negligence.

Medical malpractice lawsuits are an essential part of policing the conduct of doctors and other medical professionals. Just as with anyone else in our society, each medical professional should be responsible for their own conduct in causing a personal injury or wrongful death. Further, the presence of such claims forces physicians and other medical professionals to make certain they are both aware of and adhere to appropriate standards of care. In reality, approximately 5% of the physicians commit approximately 90% of the medical errors which occur. However, the medical professional has refused to revoke the medical licenses of medical doctors who are consistently negligent in their care of patients.

The Joint Select Committee on Deficit Reduction has been considering ways to reduce budget deficits, and will be considering healthcare cutbacks as part of those measures.A number of consumer safety groups, including the Alliance for Justice, Center for Justice and Democracy, Consumer Action, Consumer Watchdog, Consumers Union, Patient Safety America, Public Citizen, and Texas Watch have written a letter to the Joint Select Committee on Deficit Reduction.