Atlanta Injury Lawyers Blog

As Atlanta workers compensation attorneys, 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 attorneys 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.

As Atlanta workers compensation lawyers 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.

We continue to read through new data released by the U.S. Department of Labor relating to work related deaths in Georgia. As Atlanta work injury attorneys, this information is of critical importance to us as it indicates in which industries our Clients are most at risk. The figures also reveal other statistical information, such as the average age of workers in occupational accidents, which assist Georgia injury attorneys in determining which Clients are more susceptible to work accidents.

Georgia workers compensation attorneys may be interested to learn that, of the 171 workers compensation deaths in Georgia in 2008, almost one-third (52) involved workers between the ages of 45-54. This statistical group was followed by 35 fatalities involving Georgia workers ages 35-44, and 30 deaths involving workers ages 25-34. Interestingly, older workers were just as susceptible to work related deaths in Georgia in 2008, as there were 35 deaths involving workers age 55 and older.

Another interesting data set released by the Department of Labor shows that of the 171 work deaths in Atlanta and throughout Georgia in 2008, 78 occurred in goods producing industries such as mining, construction, and manufacturing. Another 78 deaths occurred in service providing industries such as banking, leisure and hospitality, and the transportation. The remaining fatalities, 15, were related to government work activity, with 5 occurring at the federal level, and 10 at the local level.

A posting on our Atlanta Injury Lawyer blog last week discussed a recent statistical report published in the Atlanta Business Chronicle indicating that the number of Georgia workers compensation deaths declined in 2008. As an Atlanta workers compensation attorney, I had speculated that this drop was likely due to the U.S. economical climate which has led to a slowdown in the construction industry. Much to my surprise, however, further research has revealed that most workers compensation fatalities in Georgia are not related to work site accidents.

In 2008, of the 171 work deaths reported to the State Board of Workers Compensation, more than one-third were caused by car and truck accidents occurring in Atlanta and throughout Georgia. Specifically, 62 work accident fatalities were caused by car and truck accidents. As both an Atlanta car accident attorney and an Atlanta workers compensation attorney, this figure was unexpected.

Following car and truck accidents, the most common cause of work related deaths in Georgia was "contact with objects and equipment" and "falls," which each accounted for 28 work fatalities. "Assaults and violent acts" resulted in 26 occupational deaths in Georgia, with "fires or explosions" (16) and "exposure to harmful substances" (11) accounting for the remainder fatalities.

As an Atlanta work injury attorney, I was interested to read a statistical report released in this week's Atlanta Business Chronicle analyzing workers' compensation cases in Georgia. The report showed that in the calendar year 2008, wrongful deaths related to work accidents declined significantly. Atlanta work accidents relating in deaths dropped to 62 from a total of 90 in 2007, while Georgia occupational fatalities dropped to 171 from 193 in the previous year.

Atlanta injury lawyers, and workers compensation lawyers throughout Georgia, have suggested that they have seen a decline in the number of work-related injuries in the last year. Obviously, many relate this to the down turn in the economy. As the construction has slowed substantially, so to have the frequent work injuries associated with the industry. While it is certainly a blessing that we have seen less work accidents in Georgia over the last year, it is troubling that this phenomenon appears to be associated with a weak job market as opposed to safer occupational standards.

As the economy resuscitates and the construction industry begins to pick up steam, Atlanta's accident attorneys anticipate that work accident figures will similarly escalate. We hope that most of these injuries will be minor, however, and that fatal occupational injuries will continue to decline.

Atlanta personal injury attorneys obtained a $5.47 million dollar verdict in a wrongful death case last week in DeKalb County, Georgia. The case involved a man who was killed while working at Atlanta-Hartsfield airport in June of 2007. The decedent was working on an expansion project at the airport, and his job was to direct dump trucks entering the work site. The man was killed when a dump truck driver ingnored stop signals and ran over him.

A wrongful death and pain and suffering claim was filed by Atlanta lawyers retained by the family of the decedent. The case was presented to a jury last week and, after only three days, the verdict was returned. Because the decedent was killed while at work, the family of the decedent is also entitled to a recovery under Georgia workers compensation laws.

As an Atlanta personal injury attorney and workers compensation lawyer, I am grateful that our Georgia juries are willing to issue large awards to the victims of tragic incidents such as this one. We have recovered millions of dollars for our injured Clients, and we continue to be inspired when verdicts like this are issued. Many of Georgia's best lawyers are in located in Atlanta, and it these types of vedicts are a testament to this.

As Atlanta workers compensation lawyers, we are constantly reviewing statistics and data to evaluate where workers in Georgia are most at risk to sustain a work injury. By doing so, we feel that we are better prepared to assist our Clients when they contact us to seek the assistance of an attorney. A review of recent data has revealed some very interesting information.

At the outset, workplace injury data shows that over 4 million workers throughout the county incur a work injury each year. Of those work accidents, over 2 million employees suffer an injury that is so severe that they are required to miss time and seek medical attention. Most injuries occur at companies whose workforce is less than 250, and small businesses of less than 10 people are less likely to have an employee injured.

Although the economy has slowed the pace of construction in Atlanta and throughout Georgia, as work accident attorneys we are always interested in how susceptible our construction worker Clients are to injury. Workplace injury data shows that the construction industry is a highly dangerous field, with 16 deaths per year for every 100,000 workers. This amounts to 20% of all work related deaths per year. Most of these work accident deaths are caused by car accidents, heavy equipment, and falls. A large portion of our workers compensation practice is devoted to representing Hispanic workers, and we were also interested to learn that Hispanics are injured on construction sites at a greater rate than any other demographic.

Recent statistics published by the United Stated Department of Labor reveal that workers compensation accidents in Georgia last year resulted in 171 deaths. Although this figure appears high, the total number of fatalities was actually down from the prior year. In 2007, there were 193 deaths caused by a work related accident or injury.

As Atlanta workers compensation lawyers, these statistics are of interest to us as they demonstrate where Georgia's workers are most at risk for injury. For example, further analysis of the workers compensation death statistics offer insight as to the cause of the employee fatalities. The largest category of deaths, 62, were caused by employees involved in a car accidents and truck accidents while working. Motor vehicle accidents were followed by falls at work (28 deaths), heavy equipment/machine accidents (28 deaths), and violent acts and assaults at work (26 deaths). As workers compensation attorneys, we are also interested in which workers are more at risk to sustain a work injury. The statistics evidence that men are disproportionately injured on the job in Georgia, as only 12 of the 171 deaths were women.

One particularly interesting revelation from the 2008 death statistics is that certain ethnic groups are killed at rates that are disproportionate to their representation in the general population. For example, although Hispanics comprise about 8 percent of Georgia's population, they accounted for almost 15% of all workers compensation deaths in 2008.

Continue reading "171 Workers Compensation Deaths in Georgia Last Year" »

Our law firm was recently hired by a man seeking an Atlanta accident attorney to assist him with his personal injury case. The man was involved in a motor vehicle accident while driving his company's truck. The motor vehicle accident was not his fault, and the man suffered a spine injury as a result of the collision. He contacted us to assist him in his workers compensation claim against his employer. When we informed him that Georgia law allowed his attorney to also pursue a personal injury claim against the at fault driver, he was surprised. Apparently, his employer had told him that Georgia workers compensation law only allowed him to pursue a workers' comp claim.

This story inspired me to offer two lessons to our blog readers. The first lesson is, if you are ever involved in a work accident, be immediately skeptical of whatever advice your employer offers you. Too many times as a Georgia attorney have I seen my workers' compensation Clients misled by an employer whose primary concern is the impact that the work injury will have on its insurance premium. As we have posted in prior blogs entries, the victim of a work accident in Georgia in entitled to a number of benefits ranging from medical care to weekly indemnity checks. The workers compensation system in Georgia is very intricate, and an injured worker should seek the assistance of a qualified Georgia attorney before taking any advice from an employer.

The second lesson is that the workers compensation system is not always the only avenue of redress for an individual hurt in a work accident. It is true that Georgia law includes a statute that is commonly referred to as the 'exclusive remedy doctrine' which prohibits an injured worker from bringing a personal injury action against its employer. This statute does not, however, apply where a third party unrelated to the employer is at fault in causing the work accident. Under such circumstances, the injured worker may also have a personal injury case in addition to the workers compensation claim. Examples of this would be where a company driver is hurt in a car accident caused by another driver (car accident personal injury case), where a worker is hurt by a faulty machine (products liability claim), or where an injured worker slips and falls or is the victim of a violent crime while on a property not owned or leased by the employer (premises liability case).

In order for a victim of a work injury to properly assess any and all claims that are available under Georgia law, it would be advisable for the injured worker to seek guidance from a Georgia attorney. The Murray Law Firm has recovered millions of dollars for our workers compensation clients, and we would be pleased to answer any questions from potential Clients free of charge. The Murray Law Firm is based in Atlanta, and represents Clients throughout Georgia including Savannah, Augusta, Columbus, Macon, Dalton, Rome, and Athens.

As Atlanta has increased in size and population, Atlanta work injuries, Atlanta work accidents, and Atlanta workers compensation claims have so to increased. The workers compensation system in Georgia is complex, and an injured worker, without proper guidance from an attorney or lawyer, is, in many instances, taken advantage of by his or her employer. Given this scenario, to assist injured workers, we have prepared a 'to do list' in the event of a work accident.

Following a work accident in Georgia, no matter how minor or severe the injury, the most important thing for an injured worker to do is to report the incident to his or her acting supervisor. Georgia law requires that a work injury be reported to an employer with 30 days of the accident, and failure to do so could allow the employer to deny the workers compensation claim. As a consequence, do not hesitate in notifying your employer and be certain to indicate how the work accident occurred and the various injuries that were sustained. After reporting the accident, if you are seriously injured, request that your employer call 911 or transport you to an emergency room for immediate care. If you are not sure if you are hurt, out of an abundance of caution, seek treatment at an emergency room.

After receiving immediate care for your injuries, you should take pictures of the scene of the work accident. Employers may attempt to alter the accident scene, so it is important to document exactly what the area looked like at the time of the accident. If you don't have a camera with you, use your phone to take the pictures. It is also important to take pictures of your work injury...bruising will disappear within days, so it is critical to preserve the visual severity injury as quickly as possible.

After taking pictures of your injury and the accident scene, you should ask your employer for a panel of physicians. Georgia law allows an employer to limit the medical providers that an injured work may treat with after a workers compensation accident, but only if the employer properly posts a panel of physicians at its workplace. If the employer fails to post this panel, which is usually a pink piece of paper posted in the break room, an injured worker is allowed by law to treat with a physician of his or her choice at the expense of the employer. Also ask your employer who it's workers compensation insurance company is, and the telephone number for the insurance company's claims office. Make a note of this information for your records.

Continue reading "Georgia Workers Compensation Claims: What to Do in the Event of a Work Accident" »

Grady Hospital in Fulton County recently announced that it will spend $12 million to expand its trauma center to more efficiently treat serious injuries such as those occuring in Atlanta car accidents and Atlanta work accidents. Grady is the only Level 1 trauma hospital in the Atlanta area, and many of its patients are also transported from remote parts of Georgia due to the hospital's capacity to treat emergent injuries associated with motor vehicle collisions and workers compensation claims. The expansion and technology update will better equip the hospital to handle catastrophic cases such as a brain injury, a spinal cord injury, a severe burn or an amputation.

A vast number of our Atlanta car accident and work injury Clients come to us after treating at Grady Hospital. While most are pleased with the trauma care that they have received at Grady, unfortunately, many have to be transferred after they have stabilized as their injuries require specialized care not available at the hospital. For example, most of our Clients who have suffered a brain injury or a spinal cord injury are transferred to the Shepherd Center in Atlanta for additional treatment and rehabilitation. Georgia is lucky to have the Shepherd Center, as it is one of the best in the United States and is recognized as a leader in research and treatment of catastrophic injuries. With the expansion at Grady, the hospital will likely be able to better serve those patients in need of specialized care.

In addition to its incapacity to offer certain specialized care, one of the problems consistently confronting Grady Hospital is its emergency room wait time. The wait time is most likely a consequence of the hospital's success in treating trauma patients, but those who have less severe injuries such as a broken bone or whiplash should not have to wait hours on end to be treated. The expansion at Grady will likely significantly reduce this problem.

Continue reading "Atlanta Car Accident and Work Accident Injuries will be Better Treated with Expansion of Grady Hospital" »