Atlanta Injury Lawyers Blog

As an Atlanta workers compensation law firm , we have heard anecdotes about the lengths Wal-Mart will go to battle employees who have suffered a legitimate work injury while working for the company. During our many years handling work injury claims throughout Georgia for injured workers such as employees of Wal-Mart, the stories have become legendary. For years, the best workers compensation lawyers and attorneys in Atlanta and throughout Georgia have battled Wal-Mart to obtain the basic benefits that they are rightfully entitled to. Now, a group of injured workers are fighting back.

Wal-Mart employees have filed suit claiming that, in fighting workers' compensation claims, Wal-Mart has violated federal law. In particular, the injured workers contend that Wal-Mart conspires with its risk carriers and adjusters to undermine, control, and deny the medical care that they are entitled to. This argument has been supported by a number of reports and studies, and the Washington Department of Labor has gone so far as to state that Wal-Mart has "repeatedly and unreasonably delayed giving injured workers the benefits they were owed under workers' compensation laws, and, in some cases, Wal-Mart employees were not allowed to file workers' comp claims at all."

As Georgia workers compensation lawyers know well, employers can be conniving and cunning. The tactits purportedly enlisted by Wal-Mart are not unique, and we continue to fight against employers who fail to properly extend workers compensation benefits as required by law.

An Atlanta, Fulton County, Georgia jury awarded $54 million for the wrongful death of a 50 year old woman killed when she was rear ended at full speed by a commercial truck. The woman was stopped in traffic on a highway due to an unrelated car accident. The truck driver failed to recognize that traffic had come to a stop, and collided into and came to a rest on top of the victim's vehicle. It was later revealed that the truck driver who caused the motor vehicle accident had been previously issued numerous traffic citations and had been in violation of drive time regulations.

After hearing testimony as to the truck driver's poor driving record, the Atlanta jury decided that $44 million of the verdict would be assigned as punitive damages to punish the truck driver for his conduct in causing the accident. Unfortunately, however, Georgia law caps the assessment of punitive damages at $250,000.00 in most circumstances. As a consequence, the jury award for the wrongful death of the Atlanta car accident victim was automatically reduced to a little over $10 million.

While punitive damages are primarily recognized as a form of punishment for the at fault party's egregious conduct, punitive damages serve another, and perhaps more important, purpose. Specifically, much as the death penalty is designed to deter the most offensive of criminal acts, punitive damages are designed to deter the most egregious of civil acts. For example, punitive damages serve to better ensure that physicians do not recklessly deter from medical standards of practice. Without the fear of an assessment of punitive damages for medical malpractice in Georgia, it is arguable that some physicians may be more inclined to walk the line between proper and improper conduct.

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Injuries and wrongful deaths occur from time to time at amusement parks such as Six Flags Over Georgia and Six Flags Whitewater. Atlanta premise liability lawyers and attorneys are the most capable of handling such cases, and it is best that these lawyers get involved as quickly as possible to prevent the destruction of any evidence. Surveillance tapes may be destroyed after 30 days, for example, and these tapes could prove to be the most valuable evidence in pursuing a case against the amusement park.

In a recent case, a teenager was seriously injured when she was chased by costumed characters at Six Flags Over Georgia. While trying to escape the chase of the character, the teenager ran into a railing and fractured her hip. Extensive surgery was required to repair the injury, and the teenage will have permanent scarring and discomfort as a result.

While Six Flags denied liability for the teenager's injuries, the case eventually settled for $125,000.00. As a premise liability law firm, we understand that sometime's it is better to settle a case that to take it to trial. In this circumstance, the Plaintiff was willing to accept the offer of settlement made by the amusement park.

A woman who was raped at an Atlanta-area apartment complex was awarded over $8 million dollars by a DeKalb County jury. From an Atlanta premises liability attorney's perspective, this was an excellent verdict for the victim. Hotel and apartment rapes and shootings continue to occur at too regular a frequency in Atlanta and surrounding counties such as DeKalb, Fulton, and Cobb, and the victims of these crimes deserve to be rewarded for the failure of the premises owner to secure his or her property.

The victim in this case was raped when her assailant entered through a window in the apartment. Lawyers for the apartment complex argued that the victim had created the circumstances that allowed her to be raped by giving extra apartment keys to friends and family. The victim's lawyers defeated these defenses, asserting that the lack of security in the apartment complex is what ultimately precipitated the rape. We are proud of our colleagues for obtaining justice for the victim, and we continue efforts at our firm to achieve justice for victims of similar crimes.

Under Georgia law, an apartment owner has a duty to keep the apartment complex safe. Where an apartment owner has reason to anticipate criminal activity on its property through prior crime at the apartment or in the surrounding area, the apartment owner must take reasonable steps to provide adequate security. If the apartment owner fails to undertake these steps, he or she is liable for any injuries that occur to its invitees as a consequence.

Over the last several years, our law firm has represented AirTran employees in workers compensation claims and third party work injury lawsuits. The types of cases that we handle range from catastrophic claims where AirTran employees have been confined to a wheelchair to slip and fall accidents occurring at airports and on tarmacs. As AirTran has grown as an airline, we have seen the number of AirTran work injuries similarly increase.

A recent Airtran Atlanta workers compensation case has recently garnered local headlines. In January of this year, an AirTran gate agent was attacked by an Army soldier at Atlanta Hartsfield Jackson Airport. The gate agent was assisting passengers with connecting flights when the soldier approached her and demanded that she assist him. When she suggested that she was unable to assist, the soldier spit at her and pushed her into another passenger. As a consequence, she suffered a shoulder injury. The soldier was charged with simple assault, but the charges may be elevated.

While the gate agents injury is certainly not a typical AirTran workers compensation claim, it is still, nonetheless and compensable work accident. Under Georgia workers compensation law, the gate agent would be entitled to medical care as long as it is needed, weekly compensation checks for as long as she is unable to return to work and a disability payment in the event her injuries are permanent.

As an Atlanta workers compensation law firm handling work injury claims for employees and flight attendants injured while working for airlines such as Delta Airlines and AirTran Airways, we were interested in reviewing the 2010-2011 Flight Attendant Occupational Handbook which is published by the United States Department of Labor. We are keenly aware that Delta and AirTran workers compensation claims are frequent, as our lawyers understand that baggage handlers and flight attendants are at an increased risk for injury. The Department of Labor Report was enlightening, however, as it reveals that flight attendants injuries are more frequent than previously thought.

The Department of Labor publication indicates that flight attendants experience a higher than average work injury rate as compared to all other occupations. The handbook notes that most injuries to flight attendants will occur while opening storage compartments or while navigating beverage carts. Additionally, however, the handbook suggests that many medical conditions will occur as a consequence of the irregular eating and sleeping schedules maintained by flight attendants. Also, the cabin pressurization and recycled air may contribute to certain pulmonary illnesses. Finally, we were somewhat surprising to learn that another major source of flight attendant injuries is unruly passengers whom flight attendants are compelled to restrain on occasion.

A Marietta man injured when a pallet of plywood fell on him while shopping at Home Depot was recently awarded $1.5 million dollars by a Georgia jury. As an Atlanta personal injury attorney representing victims in premises liability claims, this was an excellent result for the Plaintiff. Do-it-yourself warehouses such as Lowes and Home Depot are extremely dangerous venues, and personal injury claims are common.

Premise liability lawyers in Atlanta and throughout Georgia are able to request that a jury award their Clients compensation for the financial damages (medical bills, lost wages, etc.) that they have incurred via a personal injury, as well as for the pain and suffering that they have incurred incidental to their injuries. In the Atlanta Home Depot personal injury premise liability case, the jury awarded the Plaintiff medical expenses in the amount of $120,000.00.

In addition to compensation for his pain and suffering and for his medical expenses, the Plaintiff was also awarded a sum for past and future lost wages. His wife was also awarded $30,000.00 for her loss of consortium.