Georgia Work-Related Accident & Injury Lawyer

What causes injuries at work?

Any industry has the potential for occupational illnesses or injuries, but some are deadlier than others. For example, construction accounted for nearly one in five of the fatal workplace accidents in the private sector in 2019. Trade, transportation and utilities, and education and health services are two more industries that contribute to more than half of all occupational diseases and injuries.

In Georgia, the following are some of the most frequent reasons for serious work-related injuries and illnesses:

• Fall, trip, and slip: Falling from a ladder or scaffolding, slipping on a damp floor, or tripping over a loose rug can all cause catastrophic injuries and terrible consequences.

• Accidents involving cars or trucks: You have a higher chance of suffering injuries in a vehicle or truck accident while working if driving is a requirement of your employment (as it is for delivery and truck drivers and other workers).

• Large machinery and equipment: You face a chance of being crushed, struck by, or wedged by machinery, tools, and equipment (such a forklift) if you operate near them.

• Exposure to hazardous chemicals: Long-term exposure to hazardous substances and toxic chemicals can raise your risk of developing some cancers as well as other illnesses like lung impairment in many workplaces, especially in industrial and agricultural settings.

• Exhaustion and overwork: Workers who are required to perform extended shifts without adequate equipment or rest periods may sustain injuries from overwork, fatigue, and muscle strain. 

• Repetitive strain or movements: Reaching overhead or typing at a keyboard are examples of repetitive motion injuries that can occur from performing the same activity repeatedly. These injuries include carpal tunnel syndrome, tendinitis, and herniated discs.

• Violence at Work: Any injuries you get are deemed work-related and are consequently covered by workers' compensation if you were attacked while working by a coworker, supervisor, client, patient, or anybody else.

What are the most common work-related injuries?

While many job injuries that are recorded are serious, not all of them are. Georgia only classifies an injury as severe—also known as a DART case—if it necessitates time away from work for recuperation, a change of employment, or a restriction on light duty work. About half (53%) of the private industry cases recorded in Georgia in 2019 were severe DART cases. The following are some prevalent instances of serious work-related injuries:

• Traumatic brain damage: Trauma to the head and brain can result from a car accident at work, a slip and fall, or being struck by an object. These injuries can be highly serious and occasionally permanent.

• Severe burn damage: Burns of the second or third degree are excruciatingly painful and frequently leave a lifelong scar or deformity.

• Recurring strain injuries: Your body can become fatigued from prolonged use of the same motion or movement, and you may begin to feel pain or discomfort from a variety of soft tissue injuries (carpal tunnel, tendonitis, shoulder injury, etc.).

• Paralysis and spinal cord injuries: Spinal cord injuries are frequently life-changing and career-ending, regardless of whether you are diagnosed with a painful ruptured disc due to poor ergonomics or have a catastrophic catastrophe (such as a fall or automobile accident) that ends in partial or total paralysis.

• Shattered bones: Although human bones are very robust, there is a limit to how much power they can withstand before they break or buckle. At work, compound or hairline bone fractures are frequently caused by vehicle collisions, falls, and getting crushed under large gear. In order to finish the healing process, rehabilitation treatments are frequently necessary. 

• Tears or sprains of muscles: Muscle sprains and strains brought on by exhaustion and overexertion can make it uncomfortable and difficult to do the physical labor required of your profession. For these kinds of ailments, rest is frequently the only option.

• Loss of vision or hearing: There are strong noises in some workplaces that over time might cause hearing loss, especially if workers are not wearing enough hearing protection. Loss of eyesight can result from chemical exposure and eye trauma.

• PTSD: workplace injuries are not always physical. Some employees may suffer from emotional and psychological trauma related to their employment, especially first responders, law enforcement officers, firefighters, and healthcare professionals.

• Amputation: An amputation may be necessary for workers who become entangled in machinery or are crushed by large machinery in order to prevent more internal injuries. Depending on which bodily part was amputated, the compensation settlement varies.

What are your legal options for financial recovery?

When someone is hurt at work or diagnosed with an occupational illness in Atlanta or elsewhere in Georgia, there are 2 primary options for obtaining monetary compensation through the legal system.

1. Workers’ compensation

Most, but not all, workers in Atlanta are covered under Georgia’s workers’ compensation system. This means that any and all medical expenses and lost wages associated with a work injury or illness will be covered by your employer (or their workers' compensation insurance provider).

Since 1920, workers’ compensation claims in Georgia have been managed by the State Board of Workers’ Compensation, which is located on Peachtree Street in Atlanta.

Unlike other personal injury cases, workers’ compensation is a no-fault system, meaning benefits are owed regardless of who (or what) was at fault for the injury. In other words, liability is not a factor in workers’ compensation cases. Even if you are partially or fully responsible for your injury, you should still be covered so long as the injury occurred during the course and scope of your employment.

While this no-fault system makes it easier for injured workers and their families to recover benefits faster to help pay the bills, the downside is that workers’ compensation only provides help for economic damages such as medical bills, lost wages, vocational rehabilitation and funeral expenses (in the event of a fatal work accident). Non-economic damages, like pain and suffering or emotional distress, are not compensable under workers’ compensation.

2. Third-party injury claim

If your employer doesn’t have workers’ compensation or a third party (someone or some business that is not your employer) contributed to your work injury or illness, then you may be able to file a third-party personal injury claim against the responsible party.

The benefit of this approach is that you’ll be able to seek compensation for non-economic damages like pain and suffering, which is not available through the workers’ compensation system. However, the downside is that you’ll have to go through the additional step of proving fault (or liability) in order to recover damages.

Generally speaking, you cannot sue your employer if they provide workers’ compensation coverage—except in rare cases where an employer acted maliciously or is found to be grossly negligent.

If you were injured by a defective product, tool or equipment on the job, then you may be able to file a third-party injury claim against the manufacturer in addition to filing a workers’ compensation claim. The same is true if you are hit by another driver while driving your work truck, van or another vehicle.

Third-party lawsuits can help fill the gap of what workers’ compensation does not cover (i.e. pain and suffering, emotional distress and other non-economic damages).

A vast majority of employers in Georgia are required to carry workers’ compensation insurance or self-insure if they have 3 or more full-time, part-time or seasonal employees. However, there are some exceptions. For instance, independent contractors and agricultural workers may not be covered under this rule. We strongly recommend consulting with a knowledgeable work injury attorney in order to determine if you are eligible for workers’ compensation benefits.

Unsafe working conditions: an epidemic danger to American workers

The Department of Labor's Occupational Safety and Health Administration (OSHA) lists the top ten safety rules that are most commonly recognized as having been broken. OSHA was founded in 1970 with the goal of protecting the health and safety of American workers.

Lack of fall protection

Improper lockout/tagout of hazardous energy

Insufficient hazardous material communication standards

Danger from powered industrial equipment and vehicles

Lack of respiratory protection

Failure to provide training on fall protection

Unsafe scaffolding

Lack of eye and face protection

Unsecured ladders

Missing machine guarding measures and dangerous equipment

Regretfully, OSHA is a single, little organization with constrained funding and staff, thus they are unable to visit every workplace. Actually, according to OSHA estimates, there is only roughly one compliance officer for every 70,000 workers in the United States.

How to report your employer for unsafe working conditions

Allowing workers to anonymously report unsafe working conditions is one way OSHA decides which companies to monitor and inspect first. You can make a complaint online or by calling or going to your local OSHA office if you would like to report your employer to OSHA.

Georgian employers and employees in the private sector are governed by two federal OSHA offices located in Atlanta:

1. Atlanta East Area Office

2296 Henderson Mill Road, NE, Suite 200

Atlanta, GA 30345

(770) 493-6644

2. Atlanta West Area Office

1995 North Park Place S.E., Suite 525

Atlanta, GA 30339

(678) 903-7301

How long do you have to file a work injury claim?

This is probably one of the most common questions that we get asked and well, the answer can be complicated. It depends on a variety of factors, including what type of claim you wish to file. 

To put it simply, you should report your work injury or illness diagnosis to your employer as soon as you can, even before treatment starts, if possible. If you wait longer than 30 days to report it, 

Your benefits may be in jeopardy if you wait longer than 30 days to report your injury and your claim can be contested. 

You need to file a workers’ compensation claim within 1 year of the injury if you wish to receive benefits. However, if your employer paid for any medical treatment or you were able to work in some capacity, this deadline may be extended. There are other situations where the statute of limitations may be extended to shortened, so it’s important to consult with an experienced compensation attorney as you can to help you understand your rights. 

If you’re wanting to file a third-party claim, then you have up to 2 years to file a lawsuit for the damages. This deadline is longer than the 1-year workers’ compensation allowance, however these types of cases require you to establish liability and can take longer to resolve. Again, the sooner you speak with a Georgia personal injury attorney, the better.