Workers Comp Legal Blog

Forklift accidents have far-reaching consequences. If a forklift accident has left you injured and financially stressed, a Montlick Injury Attorney can help you navigate your legal options.

Construction sites expose those on or near the project to a wide array of hazards that could cause devastating injuries and wrongful death. Heavy machinery can be extremely dangerous because of negligent operators, defective equipment, and improper training of personnel. Dangerous heavy equipment on a construction site may include:

Railroad employees deserve to work in a safe environment. However, working for a railroad is demanding and can be dangerous. An employee of a railroad company faces significant dangers each shift around the yard when loading freight, moving cars or repairing an engine. Also, operating the train is fraught with hazards such as derailment, collisions, fires, and inhalation of toxic fumes.

According to the most recent data published on the U.S. Bureau of Labor Statistics, as of October 26, 2020, there was a 2% increase in the total number of on-the-job fatalities. The “Fatal Work Injury Rate remained unchanged at approximately three deaths per 100,000 full-time equivalent (FTE) workers. Over the past several years, the number of fatal workplace accidents in the United States is about 5,000 deaths. It’s important to note that depending on the state where the injury occurred and the specific facts of an incident, the analysis of what is and what is not a workplace incident may change.

Workers’ compensation programs exist in order to provide protections for individuals who suffer from work-related injuries. The laws related to workers’ compensation vary from state to state. In general, these programs cover the medical costs associated with work-related injuries, and some wage replacement for employees who miss work as a result of their injury or illness.

Were you or a loved one injured in a car accident by someone who was driving a company vehicle in Georgia? If so, the company might be liable to you for damages because of the company’s own wrongdoing under the legal doctrine of negligent entrustment. Pursuing a theory of negligent entrustment might help you recover damages from the company which owned or leased the vehicle involved in the crash that injured you.

Vehicle accidents are responsible for 40 percent of all workplace deaths in the state of Colorado, according to an online news report published at denverpost.com. A data review of workers’ compensation claims by company Pinnacol Assurance found that these accidents are the highest cause of worker deaths in Colorado.*

The doctrine of continuous employment is most often used in cases involving traveling employees. Georgia courts have clarified that these types of injury cases will only be compensable if the employee was traveling for business purposes, the injury occurred during the time he or she was employed, and the injury occurred at a place where he or she was reasonably in the performance of employment.

According to the Summer 2017 Workers’ Compensation Law Newsletter (p. 4), the Georgia State Board of Workers’ Compensation developed a new procedure last year for expediting needed medical treatment on behalf of workers’ compensation claimants.*

According to the Georgia State Board of Workers’ Compensation under O.C.G.A. §35-9-81.1 and found at sbwc.georgia.gov, the following summarizes workers’ rights thereunder:

According to the Georgia State Board of Workers’ Compensation under O.C.G.A. §35-9-81.1 and found at sbwc.georgia.gov, the following summarizes an employee’s obligations thereunder:

Most people are familiar with carbon monoxide. They know carbon monoxide, CO, is a colorless, odorless, and tasteless gas. Carbon monoxide sometimes mixes with other gases which can be perceived through the senses. However, you will not know that CO is a component of the gas mixture. To that extent, carbon monoxide is a silent killer — especiallyin an industrial workspace.

Workplace accidents can turn a person’s life upside down. Many workplace accidents are minor enough that the worker can return to work within a few weeks. However, when injuries are severe enough to keep an employee out of work for a longer period, such as three or more weeks, the physical, mental and financial consequences can be difficult both on the injured worker as well as any family members that rely upon that worker’s income for support. Georgia, like other states, has workers’ compensation laws that are intended to help injured workers by providing medical treatment, coverage for medical expenses, and compensation for lost wages during the recovery period.

Workers’ compensation benefits are essential for employees who sustain workplace injuries or illnesses and are not able to work while they are recovering. Such benefits include weekly wages, coverage for injury-related medical expenses, medical care provided by an authorized physician, and the ability to return to work on a limited basis once an employee is well enough to return to work. Workers’ compensation benefits for injured and ill Georgia workers is important not only for the person who has sustained injuries or illness but also for the employer and Georgia’s workforce as a whole. When injured and ill employees are unable to work, the consequences reach beyond physical injuries. As such, workers’ compensation is intended to get employees back to work as soon as possible.

According to the Occupational Safety & Health Administrationand the National Institute for Occupational Safety and Health, electrocutions are a leading cause of worker deaths, accounting for about 71 deaths in the construction industry alone and an average of 411 deaths in all industries each year. Employees whose jobs place them in proximity to electrical sources are at high risk of electrocution and electrical related injuries.

Recently, a fire engine accident in Atlanta seriously injured one brave firefighter. The fire engine was traveling with four firefighters inside. The driver suddenly left the roadway and struck a tree. The impact was so strong that it crumpled the cab and injured all four firefighters aboard. The most severely injured individual landed in the intensive care unit where he is still fighting to recover fully from his extensive injuries.

Catastrophic injuries are some of the most serious injuries that can occur in the workplace. These injuries will often happen suddenly and unexpectedly, but their impact continues for a lifetime. In Georgia, workers who suffer catastrophic injuries while on the job may be eligible to receive long-term or lifetime benefits due to the continuing nature of these injuries. However, catastrophic injury sufferers are often faced with denied or minimized claims because the insurer will fight to avoid a lifetime award of damages.

Dangers lurk no matter where you are employed. Accordingly, your employer has a duty to keep you safe at work.

Employees in the state of Georgia have certain rights when it comes to being injured while on the job.

t is not easy getting old but the financial reality for many people today is that they are not able to retire.

Workers’ compensation insurance is meant to provide support for individuals who suffer work-related injuries. Since workers’ compensation is a no-fault system, employees do not have to prove fault when they have a workers’ compensation claim. However, it is not unusual for claims to be denied by the employer or the insurance company. Insurance companies do not enjoy paying out for claims, and employers do not like the possibility of increasing insurance premiums. If you have filed a claim for workers’ compensation and it was denied, here are some of the reasons that this might have happened.

The good news is, the number of workplace deaths and injuries has declined drastically over the last few decades.

Workers’ compensation programs exist in order to protect workers who are injured on the job.

Workers’ compensation programs are meant to help employees who suffer an injury while they are carrying out their work related duties.

The most recent numbers show that in 2009 there were 3,277,700 recordable, non-fatal accidents in private industry workplaces. Of those, nearly 52 percent involved sprains and strains, most often involving the back, and nearly a million of these injuries caused significant time away from work. If you add bruises, contusions, cuts, lacerations and fractures to the list, you have accounted for almost two-thirds of the accidents which lead to days away from work.

Massachusetts Man Suffers Fatal Head Injuries Following Workplace Accident Workplace accidents happen every day in our country.

Employees can be injured at any time while performing work duties, including while traveling.

Many industries today provide necessary jobs for millions of Americans, but some of those jobs have proven to be dangerous and sometimes fatal for employees and contractors. Such industries include, but are certainly not limited to, mining, construction, law enforcement, agriculture, manufacturing and delivery vehicles.

One of the most important things when it comes to a Georgia workers’ compensation claim is the status of the injured or ill worker at the time the workplace injury or illness occurred. This is often a disputed matter, as some workers are considered “employees,” while other workers are considered “independent contractors.” While an employee’s work status may not seem that important when both an employee and independent contractor may be performing the exact same job duties for the same employer, this distinction is extremely important if an injured or ill worker wants to pursue workers’ compensation benefits.

According to the Occupational Safety and Health Administration, over 4,585 workers were killed on the job in the year 2013.

Many people currently suffer from a lung disease that was caused by a hazardous substance. Such lung diseases can affect the breathing mechanisms causing symptoms such as shortness of breath, chronic cough, chest pain and difficulty breathing. When a person is afflicted with this type of disease in their lungs, they may become incapable of enjoying the activities they once did, or working in the same career field. Occupational lung diseases are brought on by workplace exposure.

Asbestos can cause serious medical conditions that prove to be fatal, such as lung cancer, mesothelioma and asbestoses. These dangerous microscopic fibers pose a significant health hazard to those who engage in electrical work and other construction trades on commercial, public and residential building sites. Asbestos often causes severe illness and wrongful death to those in the building trades because it was a frequent component in construction materials.

The Georgia worker’s compensation system provides a remedy for employees that may include medical, income and permanent disability benefits to those hurt while on the job.

While it may be unnerving to think someone is conducting surveillance of your activities, workers’ compensation insurance companies often use private investigators to monitor the actions of claimants.

Construction projects are often chaotic worksites with many different types of equipment, business entities and dangerous hazards. There are dozens of dangerous hazards that can result in serious injury or even wrongful death on a construction site. One of the most dangerous and diverse types of construction accident hazards are confined spaces.

Many workers end up with what are called repetitive use injuries when required to do jobs such as typing, data processing, continued use of a computer mouse, or repetitive work in a factory like a poultry plant.

The risk to construction workers involved in trenching operations on a construction site where they must work in close proximity to heavy machinery, like an excavator, can result in serious injuries and even fatal excavator accidents. Fatal excavator accidents can be the product of inexperienced or careless operators, or defects in the design of the excavator.

Each year many employees suffer serious injuries on the job that result in the employee needing medical treatment, rehabilitative therapy, and compensation for their lost wages and permanent disability. Under Georgia Workers’ Compensation Law, employees must report the accident to their employer, and are sent by the employer to an approved physician on the employer’s panel. Since the employer determines which doctors are included on the panel, the physician has a potential conflict of interest between the interests of the employee, and interests of the employer who made the referral to the physician. As a result, an employee who is unaware of his or her legal rights may receive much less in the way of medical care and disability benefits, and ultimately a settlement, than someone who consults an attorney. Sometimes, there is even a denial of the claim, resulting in the unfortunate situation where the employee gets no compensation whatsoever.