Atlanta Workers' Compensation Lawyers


Serving Injured Workers Over 33 Years

A work-related injury is a "good news-bad news" scenario. While any employee who suffers an injury on-the-job typically experiences physical challenges like excruciating pain and periods of disability, the Georgia workers' compensation system is designed, to provide a faster no-fault system for seeking financial relief and medical care. Workers' compensation benefits may include free medical care, short-term income replacement benefits and long-term disability when an injury victim suffers either partial or total disability. Our Atlanta Workers' Compensation Lawyers have prepared this blog to provide general information on the rights and remedies of those injured in a workplace accident or by an occupational illness.

Our firm has over 33 years of experienced handling both personal injury claims and workers' compensation claims. Depending on the facts of your case, sometimes we are able to pursue a personal injury claim against a third party in addition to a workers' compensation claim. This dual strategy can provide often provide for a much greater financial recovery, because greater damages are available in a personal injury claim or lawsuit are often greater than the benefits offered through the workers' compensation system in Georgia. Additionally, there are additional categories of damages that are recoverable in a personal injury claim, such as money for pain and suffering. If you or your family member has been injured while performing work-related tasks, we welcome your call 24/7 so that you can schedule a free initial consultation at 1-800-LAW-NEED (1-800-529-6333). We also offer the option of contacting us by using our 24-hour Live Online Chat or Free Case Evaluation Form.


Older Workers Are More Susceptible To Dying On The Job

November 13, 2017

Atlanta Worker's Compensation Attorneys Warn That Older Workers Are More Susceptible To Dying On The Job

According to Foxnews Business and the Associated Press, older workers are dying on the job more frequently than all other age demographics even though the overall on-the-job death rates are declining nationwide. As the Baby Boomer generation reaches retirement age, many choose to remain employed despite attaining the age of retirement. Consequently, employers must take appropriate measures to protect older employees from health and safety risks that might not necessarily imperil younger workers. 

Safer Workplaces Owing To The Increased Use Of Robotics And Autonomous Vehicles

October 02, 2017

Workers Compensation Attorneys in Atlanta, Georgia Comment On Safer Workplaces Owing To The Increased Use Of Robotics And Autonomous Vehicles

Georgia's workers' lives may be safer thanks to the introduction of robotics into the workplace. Robotics is not new to the work environment, especially in many manufacturing facilities. However, as robotic technology becomes more user-friendly and less expensive, companies will use robotic advancements to their advantage. Robotics, and now autonomous vehicles, used in warehouse settings can make the workplace safer for all. However, there are dangers that lurk around every corner. Consequently, every worker must be safety-conscious, which helps avoid injury, or death, from a job-related accident.

How is a Workers’ Compensation Claim Different from a Personal Injury Lawsuit?

July 20, 2017

Accidental injuries occur in many ways, including automobile collisions, slips or falls, product liability, and dog bites. In many cases, injuries occur as the result of someone else’s carelessness, or negligence, but sometimes people are injured because of their own actions. When another person causes your injury, the responsible person can sometimes be found legally liable, and therefore owe you damages. If you cause your own injury, you are often out of luck.

Georgia Workers’ Compensation Claims: Why do they get denied?

June 26, 2017

Workers’ compensation insurance is meant to provide support for individuals who suffer work-related injuries. 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.

Small Businesses Are Not Always Exempt From Workers’ Compensation Rules

June 10, 2017

The Georgia Workers' Compensation Act ("the Act") includes an exemption which relieves small businesses of the burden of carrying workers' compensation insurance. The exemption may be found at OCGA §34-9-2 (a) (2) and excludes businesses that do not regularly employ three people within the state. However, the statute authorizes workers and employers to waive that exemption and voluntarily agree to be bound by the Act. Some employers may try to avail themselves to the exemption even if they do not otherwise qualify.

Workers' Compensation Claims: Why do they get denied?

May 21, 2017

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.

Workplace Violence and Workers’ Compensation Claims

May 21, 2017

Workers' compensation insurance protects employees who have suffered from work related injuries. These claims usually involve accidents, or injuries that occurred over a long period of performing a task as is the case with carpal tunnel syndrome, for example. We do not typically think of workers' compensation in terms of violent actions or assaults, however, in many cases an employee who is injured as the result of a workplace-related assault will be eligible to receive workers' compensation benefits.

Workers’ Compensation and Long Term Injuries and Illnesses

May 04, 2017

Workers' compensation programs are designed to help individuals who have suffered from a work-related injury. Under workers' compensation programs, the injured worker is not required to show that his or her employer was at fault for the injury; as long as the injury or illness was related to work, it should be covered by workers' compensation.

Common Workplace Injuries

May 03, 2017

The good news is, the number of workplace deaths and injuries has declined drastically over the last few decades. According to a recent report, the Occupational Safety and Health Administration (OSHA) estimates there has been a decrease of about 65 percent in work related fatalities, and a 67 percent decrease in work related injuries. While this is an improvement, the fact that workplace related injuries, illnesses, and fatalities is statistically lower does little to comfort someone who has been impacted by one of these incidents. So then, how are Americans getting injured on the job, and if it happens to you or someone you love, what can you do about it?

Filing for Workers’ Compensation in Georgia

April 29, 2017

Workers' compensation programs exist in order to protect workers who are injured on the job. The exact way that these programs work will vary depending on the state that the employer is located in. In Georgia, any business that has 3 workers or more must carry workers' compensation insurance, even if the workers are part-time, but regular workers. While certain fields of work, such as domestic workers, railroad workers, and independent contractors, are exempted, most employees are covered by workers' compensation. If you were injured at work, you might have some questions about what your rights are and what you have to do to take advantage of workers' compensation. Here are a few things to keep in mind.

Common Reasons for Workers’ Compensation Claim Denials

April 27, 2017

Workers' compensation programs are meant to help employees who suffer an injury while they are carrying out their work related duties. While employers benefit from workers' compensation programs, which allow them to avoid lawsuits from employees, employees benefit by not having to show that their employers were negligent. In fact, even if an employee carelessly causes his or her own injury, workers' compensation is meant to cover that employee as long as the injury was in fact related to work. Because these programs are meant to reduce the burden of work related injuries on employees, it can be a frustrating and confusing situation when an employee finds that his or her very legitimate workers' compensation claim was denied. In reality, a surprisingly large number of workers' compensation claims are in fact denied. There are several reasons why this might happen.

Attorneys Discuss Recent Decision Issued By The Georgia Supreme Court Concerning Willful Misconduct in the Workplace

April 02, 2017

On February 27, 2017, the Georgia Supreme Court, in overruled the Appeals Court's decision Chandler Telecom, LLC v. Burdette, which had permitted an injured worker to recover for injuries suffered at work despite being injured during a dangerous job-related activity that his employer advised him not to perform. The Georgia Supreme Court overturned the case and sent the matter back to the trial court for additional fact findings. The Court's opinion appears to weaken previous court precedent. People injured on the job should contact an experienced and knowledgeable Georgia workers' compensation attorney at Montlick & Associates to learn about their rights and options.

South Carolina Workplace Accident Leaves One Man Dead and Two Others Seriously Injured

February 13, 2017

Certain jobs by their very nature are more dangerous than others. Jobs that involve working at plants that utilize large and complex machinery can pose a greater risk of employees suffering injuries. Additionally, high temperatures are often used in the manufacturing process, and this can be an additional danger that employees are exposed to. A recent South Carolina workplace accident has left one 63-year-old man dead and two other workers injured, according to a local news report.

Most Common Accidents in the Workplace

December 31, 2016

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.

Pursuing Compensation for Heavy Machinery Accidents on Georgia Construction Sites

December 29, 2016

If you work in the construction industry, you understand that occupational hazards that can cause serious injury are a constant presence at construction projects. While compliance with safety rules, proper maintenance of equipment and vigilance can decrease the risk of enduring catastrophic injury or wrongful death, construction sites are inherently dangerous. Although there are many hazards on the typical Georgia construction site, heavy machinery poses a unique risk to operators and those on the ground.

Claims Arising From Roofing Fall Accidents in Georgia

December 12, 2016

Workplace Injury Attorneys Discuss Claims Arising From Roofing Fall Accidents in Georgia

A man fell to his death while he was working on the roof of the a convention center. The roofer tragically lost his life after falling approximately fifty feet. His tragic death is a sobering reminder that construction jobs are dangerous jobs, especially roofing jobs, which place workers high above the ground much of the time.

Fatal Head Injuries Following Workplace Accident

November 20, 2016

Massachusetts Man Suffers Fatal Head Injuries Following Workplace Accident

Workplace accidents happen every day in our country. Whether a person works in an office setting, is a delivery driver, or has a job that requires manual labor, a workplace accident can occur that results in serious injuries or death. Such an incident, involving a Massachusetts man, occurred recently and resulted in fatal head trauma, according to a local news report. The man worked for a company that installs pavement markings and road signs and was fatally injured during his evening shift.

The worker was standing on a loading dock platform as a tractor trailer was backing into the loading bay. He lost his footing on the platform and fell between the loading dock and the bumper of the tractor-trailer. The man suffered severe head trauma and had significant bleeding. Paramedics were not able to save him, and he was pronounced dead at the hospital. The driver of the tractor-trailer has not been criminally charged and had valid driver's licenses at the time of the accident. Both state police and the Occupational Health & Safety Administration (OSHA) are investigating the accident.

The Catastrophic Consequences of Workplace Injuries

No matter how a workplace accident occurs, the consequences can be significant and life-altering for many injured victims and their loved ones. Death of a relative can leave a family without a source of income, making a tragic situation even more difficult and painful.

In situations where workplace injuries do not result in death but instead in significant and often permanent injuries, the consequences can be devastating to both the worker and any loved ones who depend on that person. Such consequences include, but are not limited to, the following:

• Long-term or even life-long medical treatment, including frequent visits to the doctor, physical therapy and other types of rehabilitation;
• The need to permanently rely on someone else to complete life's daily tasks;
• Loss of income;
• Medical expenses that never seem to end; and
• The possibility that an injured worker may never be able to earn an income again.

Regardless of how severe an injury is, and whether or not that injury is permanent, the inability to work and make a living make life extremely difficult for family members and loved ones. Other family members may need to find other sources of income and may turn to government assistance to make ends meet. This may be especially true with traumatic brain injuries (TBIs) and head trauma. The inability to regain full cognitive, emotional, motor and other functions can permanently disable a person, drastically reducing their quality of life.

Contact Montlick & Associates, Attorneys at Law Today For Your Free Consultation

If you or a loved one has been injured in the workplace, it is important that you understand what your legal rights and options. Additionally, some workplace accidents can involve a negligent third party, resulting in potential personal injury claims. However, all situations are unique and must be evaluated.

At Montlick & Associates, Attorneys at Law, we have more than thirty-two years of experience representing the rights and interests of injured individuals from all across Georgia. Whether you have been injured on the job, in a car accident, or any other type of accident involving personal injuries, our Georgia Workers Compensation and Personal Injury Attorneys fight hard for our clients to obtain for them the compensation they deserve under the law.

To schedule your free consultation, contact Montlick & Associates, Attorneys at Law today by calling (800) LAW-NEED (529-6333). You may also visit us online at www.montlick.com to complete a Free Case Evaluation Form, and you may also participate in a 24-hour Live Online Chat.

Source: http://www.southcoasttoday.com/news/20161101/wareham-man-killed-in-workplace-accident

 

Montlick & Associates, Attorneys at Law

17 Executive Park Dr NE
Atlanta, GA 30329
Telephone: 1 (404) 529-6333
Toll Free:   1 (800) LAW-NEED
Hours: Open Today · Open 24 hours

 

Explosion Risks on Construction Sites

October 10, 2016

Georgia Construction Accident Lawyers Discuss Explosion Risks on Construction Sites

Construction projects are extremely hazardous and pose serious dangers to construction workers, visitors to construction sites, and even passing drivers of sites. While there are a multitude of dangers that lurk on a typical construction project, explosions pose a particularly serious risk of causing catastrophic injuries or fatalities. Despite extensive state and federal regulation of construction sites, there are many explosive and flammable substances that may result in extremely dangerous explosions.

Repetitive Stress Injuries and Georgia Worker’s Compensation

September 19, 2016

Georgia Workers' Compensation Lawyers Discuss Repetitive Stress Injuries

Georgia employees might recognize that they have a right to pursue a workers' compensation claim for medical care and partial wage replacement when they suffer an on-the-job injury. While the process might seem straightforward, there are many procedural, evidentiary, and substantive complications that can disrupt, compromise, or completely derail a claim. While most people think of workplace injuries as involving the consequences of a sudden mishap such as a motor vehicle collision, fall from a scaffolding, or malfunction of heavy equipment, many job-related injuries are not so immediate and clear. When a person suffers a broken arm in a fall, the cause of injury and the adverse health impacts frequently are fairly apparent. However, injuries that occur over a protracted period pose a more significant challenge when pursuing a workers' compensation claim.

The Myth of Extensive Worker's Compensation Fraud by Claimants

September 18, 2016

Georgia Worker's Compensation Lawyers Examine The Myth of Extensive Worker's Compensation Fraud by Claimants

The insurance industry, employers, and others with a vested interest in discouraging workers' compensation claims and reducing the amount of payouts have perpetrated the widespread myth that the system is inundated with fraudulent claims. This myth is based on isolated anecdotal incidents with little effort to identify the actual scope of the issue. Although there are isolated cases of employees faking or exaggerating injuries, as well as other examples of illegitimate claims, experts generally recognize that the amount of fraud by claimants is infinitesimal. The rate of workers' compensation fraud involving employees is considered to be about one percent or less. Ironically, workers' compensation fraud committed by employers is far more extensive but almost never discussed in the media. In this blog article, our Atlanta workers' compensation lawyers generally discuss the existence of employer fraud and provide common examples.

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Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.