Recently, in Dekalb county, Chamblee police department and the Dekalb public schools are investigating a workplace accident that claimed the life of one construction worker. The accident took place on the campus of Chamblee Charter High School, a new school in the district. Turner Construction, the company is charge of construction indicated that the fatality is under investigation and they are cooperating with Occupational Safety and Health Administration, as well as the local police department.
]]> Typically, a worker injured in a construction accident is generally eligible for workers compensation. However, depending on the nature and circumstances of an injury, an injured construction worker may be able to hold a third party liable for the injuries sustained. Examples of other individuals or companies who can be held liable include property owners, equipment manufacturers, or third party contractors. Depending on the injury and accident, an employer may be affected by workers' compensation laws.If you have been injured in a workplace accident at your construction site, you may be able to bring legal action. An attorney can help evaluate your case and identify potentially liable parties. An accident at work can affect your livelihood and potential ability to make a living, and you should be adequately compensated for your injuries.
Source: 11 Alive, "Authorities investigate fatal accident at Chamblee Charter," May 10, 2013
]]>The man and his co-worker were working on a "two-man press", a device that is used in the manufacturing of auto parts. Apparently, as the man put his arm into the machine either to repair it or retrieve something, his co-worker activated the machine with the man's arm still in it. Reports are describing this accident as a breakdown of communication, implying that the co-worker did not know that the man was going to work on the interior of the machine when the co-worker started it.
]]> According to OSHA, the factory has had only one safety violation since 2000, and that violation was described as "minor".This case illustrates the importance of Georgia employers' reinforcing in their employees the absolute necessity of good communication between each other. Even when machinery and other equipment are in good repair and being operated by skilled workers, a slight misunderstanding can lead to disastrous consequences. While the man has lost at least one of his arms and is now permanently disabled, he is lucky to be alive.
Georgia's no-fault workers' compensation system puts responsibility squarely on employers to establish policies that will ensue that their employees know what information to communicate with each other and when to do so. Even if this incident is partially the fault of the injured man, in Georgia he would still potentially be eligible to receive workers' compensation benefits that will help compensate his family for medical care and lost income.
Source: News Channel 5, "Worker injured in industrial accident In Sumner County," May 7, 2013.
]]>Recently, an employee who was working at a meat-processing plant was killed in a horrific industrial accident when the man fell into a running blender at the plant. The worker was employed by a sanitation company, and was apparently cleaning when he fell in. Sheriff's deputies and paramedics were called after the man was found stuck in the machine. A fellow employee hit the emergency stop button, but it was too late at that point. The medical examiner concluded that the man died from chopping wounds and blunt force trauma. While there is no foul play suspected, the Occupational Safety and Health Administration examined the scene, interviewed witnesses and evaluated the plant's records.
]]> Legally speaking, under both state and federal law, employers are required to provide a safe working environment for employees. If a worker feels unsafe at the worksite or job, they may report the conditions to their employer, and if the situation is not dealt with, may contact OSHA to report the violation. In extreme cases, an employee may refuse to work. State laws as well as OSHA regulations do not allow an employer to retaliate against employees who report violations or file claims.If you believe you are working in an unsafe environment and your employer has not corrected the violations, your next step may be to contact OSHA, or an attorney to assist you. An attorney can help evaluate your case, listen to the complaints and advise you of the legal options available.
Source: Boston.com, "Worker dies in blender at Oregon meat plant," April 30, 2013
]]>The recent tragic events that took place last week in West, Texas have been on the minds of many safety organizations and companies. The devastating industrial explosion took the lives of at least 14 people, and injured 200 more. The surrounding areas by the plant were completely destroyed and many residents lost everything they owned. While officials are still unable to definitively state why the explosion took place, many occupational health experts are pointing the finger at inadequate safety laws and their enforcement in the United States.
]]> The fertilizer plant had not been inspected by the Occupational Safety and Health Administration since 1985. Tragically, the majority of those killed in the explosion were first responders and firefighters. Many are claiming that OSHA is not adequate and this is just a tragic example of what can happen when safety regulation is not taken seriously or vigilantly enforced. Moreover, criticism had been levied over the weak fines that OSHA distributes when violations are found, making safety regulation a joke to many powerful companies. Others claim that it is not possible to thoroughly inspect all job sites, due to a lack of resources within the agency.Under both state and federal laws, employers are required to provide a safe working environment for employees. If there are unsafe working environments present, employees can report the issues directly to their employer, or issue a complaint to the OSHA. However, with the issues raised above, some are dubious if the OSHA can really do anything about an unsafe work environment, besides a slap on the wrist and small fine.
If you believe you are working in an unsafe working environment, and you have not received help from either your employer or the OSHA, an attorney may be able to help you. An attorney can listen to your claim, evaluate your case, and if appropriate, take legal action. Workplace safety is incredibly important, and you should never feel unsafe at work.
Source: Huffington Post, "Texas Plant Explosion Reveals Wide Gaps In Workplace Safety Laws," April 20, 2013
]]>Recently, a construction worker was killed in a workplace accident that took place at a transportation department facility. The worker was killed after being pinned between modular office units. Three construction workers were attempting to work on the units, and the accident left one worker dead, sent one worker to the hospital with non-life threatening injuries and the last man was unharmed. The accident apparently occurred while the workers were assembling the buildings and a unit shifted, resulting in the accident. The worker who was killed had three children and was married. The Occupational Safety and Health Administration are investigating the accident, in conjunction with local and state police to determine what happened and if there was any fault.
]]> While working on construction sites may carry inherent dangers, it is important that the worksite maintains a high level of safety. If you believe that your workplace is unsafe, there are a number of actions you can take in order to change the safety level. First, it is important to alert your supervisor at the job site of any potential safety hazards, both in person and in writing. If this does not yield results, you can file a complaint at an OSHA office.Depending on the injury you sustain, and the circumstances surrounding the injury, you may be eligible to collect more than just workers' compensation. Third parties may be legally responsible for your injuries, such as property owners or equipment manufactures, and you can recover from those individuals or companies. An attorney can help evaluate your case, listen to the details of your injury and determine potentially liable parties to bring a lawsuit against in order for you to be fully compensated for your injuries.
Source: Herald.com, "Conn. worker dies in Northampton construction accident," April 18, 2013
]]>Occupational Safety and Health Administration inspectors recently fined an aerospace plant $83,160 after finding violations that exposed their workers to toxic chemicals. One allegation against the company was its failure to provide workers with adequate safeguards against the chemicals they worked with. The recent inspection was a follow up to a previous inspection in 2010, and the violations were similar in both instances. More specifically, OSHA found that the company exposed the workers to a toxic chemical called hexavalent chromium. According to the Center for Disease Control and Prevention, hexavalent chromium is a carcinogen that can cause cancer in the lung, nasal and sinus area.
]]> Generally, an occupational disease can occur from repetitive movement, physical exertion or environmental factors such as chemicals, gas, fumes or dust. Occupational diseases arising from environmental factors often include cancer and respiratory diseases. Workers' compensation is available for an occupational disease if the court finds that the worker's job was the cause of the disease. However, proving causation can be an uphill battle, as the company will try to prove that factors outside of work contributed to the worker's illness. Therefore, expert witnesses such as doctors and scientists can be helpful in proving causation.Workers' compensation is available for occupational diseases that develop over a period of time. Cherokee County workers that have been exposed to toxic chemicals at work and are now diagnosed with cancer or a respiratory illness may wish to consult a legal expert to determine their right to workers compensation.
Source: Atlanta Journal-Constitution "Macon aerospace company fined for health violations," Daniel Malloy, April 4, 2012
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Recently, a construction worker was stuck by a pickup truck and died from the injuries sustained in a workplace accident. The construction worker was in the middle of organizing and setting up traffic cones along a curb when he was hit by the truck. The man was dragged almost 25 feet after he was hit. He was rushed to a local hospital but died as a result of his injuries. The worker was wearing a reflective vest and police have stated that the driver of the truck was going the speed limit. Police are awaiting a blood alcohol test to see if any charges will be filed against the driver.
If you have been injured in a construction accident, an attorney can help evaluate if your work site was in compliance with safety standards, and who may be liable for your injury. There can be multiple defendants in your case, including but not limited to engineering or design professionals, contractors, landowners, managers or equipment suppliers. Depending on the facts and circumstances of your accident, your attorney will determine potential liability and can provide your legal options available.
An accident at your job site can sideline you for an unknown amount of time, placing both physical and financial strain on you. An attorney can help evaluate your case and get you on the road to recovery and proper compensation for your injuries.
Source: NewsOn6.com, "Construction worker killed in Tulsa accident," March 28, 2013
]]>The Occupational Safety and Health Administration currently enforces safety measures for Americans in the workplace and ensures that workplaces are free from unreasonable hazards and unsafe work conditions. Recently however, Senator Patty Murray of Washington State is seeking to strengthen workplace safety for Americans. The senator is attempting to pass the Protecting America's Workers Act which will make workplaces even healthier and safer. PAWA will increase the OSH protections and help to improve reporting measures, enforcement and inspection of claims and potential violations. OHS was passed forty-two years ago, and PAWA seeks to update and strengthen government protections for Americans in the workplace. The senator has claimed that PAWA will increase penalties for those employers or companies who break the law, extend protection and coverage to more workers not covered under current OSHA protections, protect whistleblowers from retaliatory actions and provide clearer knowledge to both the public and employees.
]]> Employees have the right to work in an environment that is reasonably free of health and safety hazards. Currently, the OSHA is the administration that is in charge of enforcing standards and for investigating claims submitted by employees. An employee can request information about their workers' rights under OSHA as well as what the potential hazards their job may entail. You may also request that your employer take action to fix and correct any violations or hazards. Lastly, if your employer is not in compliance with OSHA standards, you may file a complaint and request OSHA to inspect your workplace.You are entitled to a workplace that is safe and your employer should be in compliance with all state and federal laws. Workplace safety is extremely important and should be taken seriously. If you are worried about safety at your work, speaking with your employer can be a first step. If your employer is not in compliance with state or federal laws, contacting OSHA or an attorney can help to ensure your safety in the workplace.
Source: ESHToday, "Sen. Murray: Protecting America's Workers Act a 'Long-Overdue' Update to OSH Act," March 27, 2013
]]>Recently, a worker who was injured in a workplace accident settled a negligence lawsuit for $330,000 after the man fell from a ladder. The man was working as a day laborer for a general contractor when he fell from the top rung of the ladder 10 feet off the ground. The man alleged that the ladder slipped. As a result of the accident, the man suffered a fractured ankle and was hospitalized for five days as a result of the surgery required. The negligence suit alleged that the ladder was defective because it did not have an anit-skid material at the base of the ladder.
]]> When an employee is injured on the job, workers' compensation typically cover the costs of an injury including medical expenses, loss of past and future wages, and rehabilitation. In order to qualify for workers' compensation, you must meet a certain criteria as an employee. Under the Occupational Safety and Health Act, every employee has the right to a workplace that is reasonably free of health and safety hazards. The administration is a federal agency that strives to uphold safety and health standards for American workers.Depending on the nature of the injury, an attorney can help you evaluate the cause of the injury, and suggest which parties may be liable as a result of your injury. Workers' compensation cases are typically addressed through an insurance company, however if appropriate, a negligence or personal injury lawsuit may involve third parties including general contractors, property owners, or others. An attorney can help evaluate your case and present the legal options available to you in order seek proper compensation for your injuries.
Source: SILive.com, "Staten Island man settles construction site injury suit for 330G," March 18, 2013
]]>Recently, a man sued a foam manufacturing plant and a temporary staffing injury as a result of a horrific work-related accident. The employee claims that he was given no instruction as to how to operate or use a carpet foam cutting machine, and was given the job improperly because he had no experience using one. However, the employee did do the work, but as a result suffered a terrible injury that resulted in the severing of his private parts. Court documents reveal that the foam peeler machine was activated when the employee began removing foam core, and the machine had a steel blade that sliced through the employee's pelvis, severed his private parts and nearly cut him in half. A negligence claim has also been brought as a result of the machine having no protective guard.
]]> While accidents can occur at the safest of workplaces, every employee has the right to work in an environment that is reasonably free of health and safety hazards. The federal agency, the Occupational Safety and Health Administration, is tasked with enforcing safety standards and overseeing and addressing claims that are filed by employees. Under OSHA, employers have a duty to provide a workplace free from hazards, inform their employees about the OSHA standards and have clear safety communication programs.A work-related accident can be terrifying and greatly impact your future. If you have been injured, it is important to quickly make a decision regarding filing a claim against your employer with OSHA or your state agency, or contact an attorney to sue your employer for the injuries you sustained. An attorney can help evaluate your case and lay out the legal options available to you. A successful lawsuit may result in compensation for your injury, and may also help to ease the financial burden of both past and future loss earnings.
Source: Gawker.com, "Temp Factory Worker Sues Company After Worst Workplace Accident Since the Invention of Work," March 12, 2013
]]>Recently, a PetSmart manager filed a work-related injury lawsuit against makers of an overhead roll-up commercial garage door system claiming that the door fell on her, which resulted in a shattered shoulder and arm. The manager was pinned to the ground while in her store's warehouse until other employees could lift the garage door off of her body. Her suit also alleges a mild traumatic brain injury and decreased range of motion, and the employee is expected to need additional medical attention in the future, with possible surgeries, hospitalizations and physical therapy.
]]> Depending on the source of your injury, your employer or a third party may be responsible for compensating you for your losses. An important first step in determining liability is deciding if your injury is work-related. Legally speaking, a work related injury is one that happens while you are performing the duties of your job, or something on behalf of your employer.In the case that your injury is work-related, you may be eligible for workers' compensation. If you are eligible, you are able to file a claim for benefits. If your employee fails to provide coverage, they may be liable and you can sue them for your injuries. Furthermore, third parties may be liable if their negligence contributed to your injuries.
Work-related injuries can cause not only physical damage, but a financial headache. Proper compensation for your injury can mean the difference between financial stability or financial distress. An attorney can help evaluate your case and provide you with the legal options available to you, as well as determine which parties may be liable for your injuries.
Source: The Pennsylvania Record, "PetSmart manager sues overhead garage door manufacturer over workplace injury," March 8, 2013
]]>Recently, a tragic workplace accident took place in Alpharetta, when a construction worker who was laying a water line was killed when a tractor accidentally ran over him. Preliminary reports indicate that another construction worker was using the tractor when the man accidentally backed up over the victim. While an investigator from the Occupational Safety Hazard Administration was conducting an investigation and gathering evidence at the scene, police believe it was a tragic accident, and no foul play is suspected.
]]> Workers who have been injured in a construction accident may be eligible to collect workers' compensation, depending on the job and the cause of injuries. Workers' compensation laws seek to give benefits to employees who have been injured on the job. Workers will be compensated generally for their medical expenses and lost wages. In more severe cases, some workers' compensation may cover temporary or permanent disability, or even vocational rehabilitation.When injured on the job it's important to timely report the injury to your employer, complete a claim form and file the claim immediately. An attorney may evaluate your case and look at a number of factors in determining the strength of your case. Your attorney may attempt to determine if your employer adequately complies with occupational and site safety standards and regulations, potential liability of parties and other issues.
While every injury or accident is different, an attorney can help to determine if your employer may be liable for your injury, as well as if any third parties could potentially face liability as well. In addition, an attorney can help advise you regarding your rights and legal options.
Source: WSBTV.com, "Tractor runs over, kills construction worker," Feb. 27, 2013
]]>A recent situation involving a leak in the refrigeration system at FPL Food in August resulted an evacuation of all employees. The evacuation was characterized as a "precautionary measure" because reports indicate that the leak was small and any employees subsequently taken to the hospital were taken only for evaluation. The leak was discovered when emergency sensors detected the leak and sounded an alarm. Over the past five years, OSHA records indicate that the plant was regularly inspected and paid fines of over $8,000 for four violations of safety regulations in 2008 and one violation in 2009.
]]> Although workplace accidents and injuries can occur anywhere, the laws concerning workplace safety and worker's compensation are especially important for those Georgia employees working in high-risk jobs. Even when an injury or incident is minor, if it results in lost time on the job or medical bills, it can cause financial hardship for employees and their families. With the help of an experienced worker's compensation attorney, employees can understand their rights and effectively file for compensation.In Georgia, employees injured at work can get compensation from employers to cover a variety of things, including medical costs, pharmaceutical expenses, and temporary total disability. Unfortunately, compensation for pain and suffering are not available under Georgia law, so it is important for employees to work with an attorney to get the most compensation possible from the other sources.
Source: OnlineAthens.com, "Ammonia leak at Augusta plant prompts evacuation," Bianca Cain Johnson and Rob Pavey, Feb. 14, 2013
]]>Recently, a Midwest construction worker was killed in what is being described as a freak workplace accident. A construction crane, which was being used at a bridge replacement construction site, tipped over, pinning the construction worker beneath it and killing him. The Occupational Safety and Health Administration and the sheriff's office are investigating the accident further.
]]> Injured workers can seek workers' compensation which can help to cover expenses such as medical care, temporary disability, permanent disability or vocational rehabilitation. Workers who have been injured on the job should report their injuries to their employer as soon as possible. This involves completing a claim form, and then filing the claim. If possible, retaining all records of the injury can be critical if later legal action is required.In cases where a construction worker has been killed, depending on the situation, a wrongful death claim may be appropriate if raised by the worker's family. Accidents can happen at any time. Depending on the injury, an accident can permanently impact an employee. In cases where a construction worker has been injured, it is important that they are properly compensated and looked after. Workers who have been injured on a construction site and have not been compensated should reach out to an attorney who can evaluate their case and provide the legal options available.
Source: Fox4KC.com, "Man dies in freak crane construction accident," Barrett Tryon, Feb. 5, 2013
]]>The employee was operating a forklift when he injured his back and was temporarily unable to work. He collected total disability benefits from his employer while he was out. Upon his return, the employer assigned him to a new plate-making position which involved lifting and bending. The worker's back pain increased. Eventually a new plate table was purchased which required even further bending. The worker's back pain only got worse, and he also began to experience a numbness radiating all the way down to his foot.
]]> An MRI showed that not only had the previous back injury gotten worse, but a new tear had emerged. He filed for workers' compensation in connection with this new injury. Yet his employer claimed that, because he had been compensated for the original injury and had not been involved in any specific accident since then, he should not receive workers' compensation.Fortunately, the Georgia Court of Appeals recently sided with the injured employee and affirmed his eligibility for workers' compensation. For one thing, the court highlighted the new tear the employee suffered. The court also found that his back injury was made worse by the fact that he had to perform physically challenging duties in a new role.
When Georgia workers are denied workers' compensation by their employers, as this case illustrates, it is important to consult with a legal professional regarding the possibility of an appeal. There are important deadlines involved in appealing a denial, and it can be a complex process, but ultimately an attorney who specializes in the field can help ensure an injured worker's rights are protected.
Source: Risk & Insurance, "Change in work, new tear supports finding that worker suffered new injury," Feb. 11, 2013
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