workers compensation

Published on: August 6, 2011

Workplace Safety Concern at Tyson Foods Plant Addresses Viability of Workers’ Compensation

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 Romellof 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:

Making sure employees are aware of all safety procedures and drills.

Published on: July 22, 2011

Sharon Stone Ordered to Pay Compensation to Worker Injured in Slip and Fall Accident

by Robert N. Katz, Esq.

Slip and fall accidents are some of the most common ways in which persons may be injured on someone else’s property.A jury in California has decided that actress Sharon Stone must pay compensation to a worker, who was seriously injured in a slip and fall accident on her premises in 2006.

The accident allegedly occurred when the worker was performing some work in the star’s California home.He was doing some wiring work in the yard, and at some point, he slipped and fell down a 12-foot slope.Just before he fell, he tried to hold on to a lattice nearby, but the screen collapsed under his weight, and he fell straight down.He suffered serious knee injuries, and as a result of these injuries, was unable to return to his former job and income levels.

Two years later, he filed a premises liability lawsuit alleging negligence against Sharon Stone.The lawsuit alleged that there had been only a lattice to break his fall, and that he had not been warned about the drop off.Stone denied those allegations, claiming that there never has been lattice on the property, and that she had always had a chain-link fence going around her yard.The actress even testified in a courtroom, and presented pictures of the chain-link fence as evidence.

Published on: May 3, 2011

Possible Increase in Workers’ Compensation Claims Involving Older Georgia Workers

by Robert N. Katz, Esq.

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.

Published on: April 9, 2011

Workers Compensation Claim arises out of Serious Burns in Hall County Electrical Accident

by Robert N. Katz, Esq.

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.

Published on: April 8, 2011

Hundred-Year Anniversary of Factory Accident That Led to Workers’ Compensation Reform

by Robert N. Katz, Esq.

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.

Published on: February 23, 2011

Worker Killed in Forsyth County, Georgia Construction Accident

by Robert N. Katz, Esq.

There has been yet another construction worker death linked to a trench collapse accident in Georgia. These types of construction accidents often result in the wrongful death of the worker or serious injuries. Unfortunately, workers compensation benefits fail to truly compensate the family of the worker since the workers comp statute provides for such a limited payment for the death of the construction worker. One of the things that Georgia needs to revise is the death benefit provided under the workers compensation laws for a worker’s family. Of course, the family may or may not have an injury claim, but that will depend on whether any third party may be held liable for the workers’ wrongful death.

According to authorities in Forsyth County, the man from Covington, Newton County was working in a trench when the walls begin to collapse. Personnel from the Forsyth County Fire Department rushed to the scene, but by the time rescue crews arrived, the man had been completely buried under the soil.

The crews managed to clear the soil from his head and shoulders, but by then, the man has succumbed to his injuries. At the time of his death, it had been more than one hour since the collapse. The Occupational Safety and Health Administration has begun an investigation into the construction accident.

Published on: July 24, 2010

Workers Compensation Insurance Companies likely to fight Claims for Wii devices

by Robert N. Katz, Esq.

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.

Published on: February 2, 2009

Clark County Schools to Focus on Safety to Reduce Worker’s Compensation Claims

by Robert N. Katz, Esq.

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

Published on: January 8, 2009

Atlanta Botanical Garden Construction Accident Update

by Robert N. Katz, Esq.

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.

Published on: November 26, 2007

Medical Reimbursement by Wal-Mart Leaves Employee Destitute

by Robert N. Katz, Esq.

November 26, 2007

Last week, the Wall Street Journal’s (subscription required) front-page story explained insurance subrogation through its personal effect on Wal-mart employee, Deborah Shank.Fifty-two year old Shank worked as a night clerk at Wal-mart for years in order to care for her three sons during the day.Seven years ago while shopping at a yard sale, Shank was hit by a semi tractor-trailer, leaving her paralyzed and brain damaged for life.

Shank’s family sought legal help and eventually obtained a one million dollar settlement, which were the limits of the defendant’s liability insurance policy.With the settlement, the Shanks paid their attorneys, paid off some debts and purchased a wheelchair accessible home for Mrs. Shank.They placed the remaining $417,000.00 in a special trust to care for her at home long term.