Georgia Workers Compensation Attorney Blog

Thorpe v. Ted Bowling Construction: How to Determine Prevailing Wage for Atlanta Workers' Compensation Benefits

Fri, 18 May 2012 16:17:08 -0500

When you suffer a work-related injury in Atlanta, you may be entitled to workers' compensation benefits. The question then becomes, how will your average weekly wage be determined for benefits purposes?

Because this determination is not as straightforward as you may think, it is important to have an experienced Atlanta workers' compensation attorney advocating for you.

Recently, the Virginia courts clarified what is required to determine an injured employee's average weekly wage for an award of workers' compensation benefits. Thorpe v. Ted Bowling Constr., et al., No. 110349 (Virg. May 4, 2012). Matthew Thorpe (Thorpe) was an entrepreneur who owned a self storage facility and a residential porch railing installation company. Thorpe employed Eric McMahon (McMahon) at this installation company called Alson's Ornamental Iron.

This case arose when a customer of Thorpe's, John Clary (Clary), offered to pay Thorpe and McMahon to assist him on one of his jobs. Clary was contracted by Ted Bowling Construction (defendant) to install a metal roof and siding on an industrial building. Clary offered Thorpe and McMahon $5,000 to complete the job as soon as possible; which he expected to occur within a week. Additionally, Clary specifically stated that he would pay Thrope and McMahon the stipulated amount only when the job was completed. This agreement was memorialized when Clary wrote "5000" on the top of a shop table with soapstone.

Clary knew that Thorpe and McMahon had never worked with the installation of metal roofing and siding; however, because he knew the railing installation business was slow he offered them the job. Clary provided the two men with instructions and supervision, as well as all of the tools and materials they would need in order to complete the requisite installation. The roof where the work was being performed by Thorpe and McMahon has skylight windows which they had noticed immediately upon beginning their work.

Thorpe and McMahon had worked on this project for four days. On the fourth day, while installing the metal sheets on the roof of the industrial building, Thorpe fell through one of the skylights on the roof. Because of this fall through the skylight, the impact of his landing caused him to die immediately. Thorpe left his widow who brought a lawsuit against the defendant seeking workers' compensation benefits.

The deputy commissioner responsible for hearing this workers' compensation claim, began wo hear the evidence over a year and a half after Thorpe's death. The main issue in this claim was surrounding the terms and conditions of the employment agreement between Clary, Thorpe and McMahon. This commissioner was unable to find Clary, as he had "disappeared" after the death of Thorpe. The only remaining witness to the agreement and the circumstances of Thorpe's death was McMahon.

Because McMahon and Thorpe had never engaged in this type of work before, they could offer no evidence as to the prevailing wage paid for this type of work. The only thing McMahon could offer was the offer Clary made.

Workers' compensation benefits are based on the employee's average weekly wage. This is established by dividing the earnings made in the previous 52 weeks of that employment by 52. Because there was no evidence of Thorpe's employment for a fixed period of time, there was no time based conclusion that could be utilized in establishing prevailing wage.

Thus, the court indicated that the things to be considered when establishing the prevailing wage for workers compensation benefits are based on the wage paid at the same time and in the same area for similar work.

Because Thorpe was not hired for a long time basis but only for a single project, this court found that it would be unfair to provide his widow with continuing benefit payments. Therefore, she received only $48 a week for 500 weeks.

Summer Increases Risks for Work Accidents in Atlanta

Sat, 12 May 2012 18:46:00 -0500

Summer weather is here and so is the Occupational Safety and Health Administration's (OSHA) outreach program to help to raise awareness about the risks of working in the heat. The program is used to help to teach workers and employers and the dangers they face while working outside in the hot, hot weather. This year's program is building on last year's campaign. Too much sun and too much heat on the job can equate to work-related injuries in Atlanta and elsewhere.

"For outdoor workers, 'water, rest and shade' are three words that can make the difference between life and death," Secretary of Labor Hilda L. Solis said.

Our Atlanta workers' compensation attorneys understand that there are simple safety steps that employers can take to help to keep workers safe and to prevent heat-related injuries. Each year, there are thousands of employees across the U.S. who are injured on the job by the summer heat. If these injuries are not quickly recognized and addressed, heat exhaustion can quickly turn to heat stroke, which can kill a person. Each year, about 30 workers have died because of these injuries since 2003. There are a number of job positions that can be affected by the summer's heat. Everyone is warned!

Labor-intensive jobs face some of the most serious risks. When the body temperature rises beyond normal temps, sweating just won't cut it. Heat illness can start as heat cramps or even heat rash, but within no time it can turn into heat exhaustion and then into heat stroke if no one around knows how to spot and treat the illness.

Some of the most common occupations affected by heat-related work injuries include landscapers, baggage handlers, farmers, construction workers, roadside workers, roofers, utility workers, etc. Employees are urged to drink plenty of water throughout the job and to take frequent breaks in the shade to stay cool and to avoid one of these injuries.

OSHA is releasing heat illness materials in both Spanish and English to help to spread the word. The Administration is also releasing materials to help employers to properly train employees on how to spot and deal with these kinds of accidents.

How to Prevent Heat-Related Illness:

-Three words: Water. Rest. Shade.

-Drink plenty of water during your shift.

-Take plenty of breaks.

-Take your breaks in the shade and work in the shade when possible.

-Start heavy work in the morning when it's cooler out.

-Employers should share precautions with all employees prior to the summer season.

-Workers should be acclimated to the weather. Never throw a new worker right into the heat.

-Train employees to spot symptoms of heat-related illnesses as well as what do when these symptoms are spotted.

-Plan for an emergency and know what to do. Acting quickly can save lives!

Teen Risks for Atlanta Work Accidents Skyrocket during Summer

Fri, 04 May 2012 10:42:32 -0500

Currently, about 80 percent of our state's students have worked sometime during their high school career. Well, summer break is getting closer and closer and more teens will be heading back to the work force, using this break away from school to make some extra cash!

The Georgia Department of Labor and the federal government regulate child labor. These laws help to make sure that our teenagers are protected from accidents on the job and that they have enough time to complete their school work and other obligations as well.

Parents are urged to sit down with the teen worker in their life to make sure that they're aware of the rights that they have on the job. Oftentimes, because of their inexperience, teen workers are likely to overlook or ignore work-related dangers that could cause a potentially fatal work accident in Atlanta or elsewhere. For this reason, parents should talk to teens about what is required of them and what is required of their employer to help to ensure their safety on the job.

Our Atlanta workers' compensation lawyers understand that there were more than 17 million workers across the United States who were under the age of 24-years-old in 2010. These workers only represented about 13 percent of the workforce but accounted for some of the highest counts of work-related accidents.

One common cause for their high injury rate has to do with the positions that they hold, like those in restaurant where there are knives, slippery floors and dangerous equipment present.

Knowledge about job requirements and expectations can help to reduce the risks for an accident.

Workers age 16- and 17-years-old:

-Can only work 4 hours on a school day.

-Can only work 8 hours on a non-school day.

-Can only work 40 hours during a non-school week.

-May not work before 6:00 a.m.

-May not work after 9:00 p.m.

-May not work during school hours.

-Are to be properly trained by employees regarding the tasks that need to be completed on the job.

-Are to be provided with the proper safety equipment to perform the job.

-Should be treated without any form of discrimination.

-Should be encouraged to speak up about any on-the-job dangers.

There were nearly 400 employees under the age of 24 who were killed in work-related accidents in 2009. More than 25 of these fatalities happened to workers who were under the age of 18. In addition to these fatal accidents, there were nearly 1,000,000 injuries resulting from work accidents during the same year. The injury rate for these young workers is about two times higher than the rate among workers who are over the age of 24.

Work Zone Accidents in Atlanta Addressed with Statewide Stand Down

Mon, 23 Apr 2012 07:41:41 -0500

During the entire week, there will be a safety stand down at construction sites throughout the state. According to the Occupational Safety and Health Administration (OSHA), the stand down has been orchestrated by the state of Georgia, the Federal Highway Administration, construction contractors, OSHA and many other construction-related groups, companies and safety advocates to help to raise awareness about National Highway Work Zone Awareness Week 2012. This national campaign takes place from the 23rd of April through the 26th.

The stand down will be taking place from 7:00 a.m. to 8:00 a.m. During this time, officials will be conducting work zone safety training to help prevent work zone accidents in Atlanta and elsewhere throughout the state. During this time, officials will be addressing distracted driving and injuries resulting from other traffic objects. Every year, roughly 77 percent of struck-by deaths involve heavy equipment such as trucks or cranes.

Our Atlanta workers' compensation attorneys understand that roadside workers face some of the highest risks for work-related accidents. This stand down is used to address this very real problem and to help to highlight the importance of work zone safety. Through the stand down, officials hope to not only raise awareness about the risks for these kinds of accidents but the ability for workers and employees to recognize and eliminate these kinds of hazards.

Employees and employers are urged to check out the campaign's toolbox and informational flyers, available in both Spanish and English, to help kick off these efforts.

OSHA strongly believes that by committing 30 minutes to an hour of our workers' day to safety training can help to significantly increase employee safety morale.

Would you or your company like to participate? All you have to do to register your company is shoot an email to Cherri Watson.

Georgia Branch, AGC is now participating in its third year as a part of the OSHA Struck By Alliance for three years.

Involved in the stand down:

-National Safety Council - Georgia Chapter

-Pike Electric

-Georgia Power

-The Surveying and Mapping Society of Georgia

-Lamar Signs

-Georgia Tech Research Institute

-The Association County Commissioners of Georgia

-The Federal Highway Administration's Georgia Division

-Georgia's Department of Transportation

-3M Visibility & Insulations Solutions

-The Associated General Contractors of America Georgia Branch

According to statistics of 2010 from the U.S. Bureau of Labor Statistics, there were nearly 5,000 work-related fatalities in the U.S. Construction workers face some of the highest risks for fatal work-related accidents. Alliances and work-safety programs continue on in the effort to help to reduce the risks of these kinds of accidents and to help keep workers safe nationwide. Remember to keep safety as a number one priority in your workplace!

Gilmore v. Director, Department of Labor Restates the Law Surrounding an Appeal for Georgia Workers' Compensation

Fri, 20 Apr 2012 13:58:53 -0500

Georgia workers' compensation laws can be very confusing because they vary depending on who the employer is. Our experienced Georgia workers' compensation attorneys understand the nuances in this area of law and we can help protect your rights in a work-injury claim.

The U.S. federal government has a special series of laws addressing the work accidents of federal government employees. This act is called the Federal Employees' Compensation Act (FECA).

FECA is a comprehensive workers' compensation plan for federal civilian employees who have been injured or killed while executing their work duties. Gilmore v. Director, Department of Labor, No. 11-12747 (11th Cir. Feb. 6, 2012); see also Nobel v. United States, 216 F.3d 1229, 1234 (11 Cir. 2000).

Gilmore v. Director, Department of Labor is a workers' compensation case coming from the Eleventh Circuit. Gilmore (plaintiff) was an employee of the U.S. federal government who was injured while he was performing his job duties. Because of his status as a federal employee, the FECA was the applicable statute governing his petition process and the review process. Plaintiff completed a petition for workers' compensation and supplemented this petition with factual and medical evidence to support his claims. The Workers' Compensation Board heard his claims and rejected both his initial petition for back pay and interest, and his appeal of this initial rejection.

Plaintiff argued that by failing to provide him with an award for back pay and interest, the Board had violated his right to property. Furthermore, plaintiff argued that the Board failed to comply with his constitutional rights to substantive and procedural due process of laws.

Defendants argued that the court did not have subject matter jurisdiction to hear this case because this was a federal workers' compensation claim that was governed by FECA and the applicable workers' compensation channels.

The FECA governs work related injuries suffered by federal employees. This Act provides the injured employee with certain benefits under the program such as monetary benefits, wage-loss benefits, and even medical benefits and vocational rehabilitation. FECA specifies that the person responsible for all determinations surrounding this Act is the Secretary of Labor (Secretary). After adoption, the Secretary delegated the authority over FECA claims to the Office of Workers' Compensation Program (OWCP).

FECA applies to all U.S. civilian employees who are paid with appropriated government funds. The types of employees covered were extended to include the following: Peace Corps and VISTA volunteers; federal petit or grand jurors; volunteer members of the Civil Air Patrol; Reserve Officer Training Corp cadets; and non-federal law enforcement officers.

The court in Gilmore cites relevant law that stipulates that decisions made by the Secretary or the Secretary's agents are no appealable to an outside court except where their actions are a violation of a statute or where there is a violation of the petitioner's constitutional rights. Basically, the decision of the Secretary or OWCP cannot be appealed unless they violated the constitution or statute in their determination. This shows why it is so important to prepare a thoughtful petition initially to receive the best possible award.

Although the plaintiff argued that the Secretary and the OWCP violated his due process rights, the court held that there was no violation of plaintiff's rights because he had notice of the review and he had an opportunity to be heard in a meaningful manner at a meaningful time. Thus, because the decision and the way the decision was made were in compliance with FECA and the constitution, their decision was final and the court could not review it on a factual basis.

Georgia Company Fined for Unsafe Working Conditions

Tue, 10 Apr 2012 07:22:11 -0500

Eagle United Truck Wash LLC was recently cited with 14 health and safety violations for failing to minimize the risks of work-related injuries at one of the company's stops, according to the Occupational Safety and Health Administration (OSHA). The violations were observed by area officials at the company's Flying J Truck Stop in Jackson. The proposed penalties accompanying these violations total nearly $58,000. The inspection was the result of a complaint filed with the Administration.

Two of the violations were the same kinds of violations cited back in 2007, which included failing to provide eye protection for employees who were using various corrosives, including aluminum brightener. The second repeat violation was issued for failing to provide workers with an emergency eye wash station.

Our Atlanta workers' compensation lawyers understand that employers have a responsibility to help protect employees on the job. To help in this protection, protective equipment and preventative measures must be executed and work-related hazards must be corrected when identified. When a company fails to offer these measures and fails to correct dangers to help to make work sites safe and to protect workers, work-related injuries and even death can result. That's why OSHA is here, to help make sure that companies are doing their best to provide safe work places for employees across the nation. When an injury results because of negligent care, compensation may be provided to the injured.

The inspection of the Jackson facility also landed Eagle United Truck Wash LLC with an additional repeat violation, this one just like the one that it received back in 2009 for letting workers perform maintenance on dangerous equipment without the proper energy control program in place.

The company was also cited with seven serious safety violations, issued as a result of the most recent inspection. These violations included failing to identify permit-required confined spaces when workers were inside tanks, for failing to make sure there was hazard communication training to employees, for failing to cover and minimize exposure to dangerous and corrosive chemicals, for exposing employees to slip hazards, for large holes in the wash bay grates, for various tripping hazards, for various electrical problems, among other issues.

Lastly, the company was cited for neglecting to cover wiring on the wall on the heater and boiler and for neglecting to create and enact a respirator protection program. Neither of these two violations came with any monetary fines, but they are to be corrected to help to ensure worker safety. These were both violations pertaining to dangers that would most likely not cause serious physical harm or death but were ultimately still a threat to workers.

"The very same chemicals that do a great job cleaning metal can be dangerous to workers if used without the proper protections," said William Fulcher, with OSHA's Area Office.

You Can Lose Your Georgia Workers Compensation Benefits If Your Get Another "Job" Says the Court in McNea v. Industrial Commission of Ohio

Wed, 04 Apr 2012 13:02:02 -0500

If you have suffered a work related injury in Georgia, you may be confused about the future.

Having an experienced Georgia injury attorney explain your rights to you is crucial in obtaining the peace of mind you deserve.

McNea v. Industrial Commission of Ohio is a recent Ohio workers' compensation (WC) case that has piqued interest. This is a case dealing with the question of whether someone who is receiving WC benefits can lose these benefits if they obtain another job. The issue here arises with the definition of "remunerative employment" in this Ohio case.

Specifically, does being a drug dealer count?

McNea (Plaintiff) was a city police officer who suffered from injuries sustained while he was acting in this capacity. In 2004, the plaintiff received WC compensation in the form of permanent total disability (PTD). Subsequently, plaintiff was arrested for illegally selling narcotics. He was charged with twenty counts of criminal activity and sentenced to three years in prison.

The problem in this case arose in 2007 when a commission staff hearing officer (SHO) terminated plaintiff's WC benefits as of the day of plaintiff's arrest. The SHO did not agree with the WC Bureau that benefits granted before the date of arrest should be considered overpaid. The reason this SHO cited was that there was no proof provided that would show that plaintiff "was involved in sustained remunerative employment at the time of the permanent and total disability hearing." The WC bureau argued this decision regarding overpayment, and sought reconsideration because there had been evidence that plaintiff had made narcotic sales to police informants amounting to $6,200.

WC laws dictate that no benefits will be awarded to claimants who are incarcerated. Plaintiff acknowledges this however he argues that there was no evidence that he engaged in sustained remunerative employment from 2005-2007 and that by terminating his PTD award while he was still in prison was a violation of his due process rights.

This court decided that upon the first date of sale of drugs plaintiff made to police informants, his future compensation would be terminated. The reasoning the court cites for this decision is that the plaintiff's drug selling activity over a several months constituted a "sustained remunerative employment" for purposes of WC. The only requirement for sustained activity is that there was proof of an ongoing pattern of activity. The court even went so far as to calculate the proposed income that plaintiff could have made over his time selling drugs. And it was assumed that the plaintiff would not have stopped his drug activity for a while, which would have provided him with a substantial income.

The court looks to prior case law that cites that even if the claimant is engaged in illegal activity that activity would be considered as sustained remunerative employment. If a beneficiary of WC benefits is found to be engaged in this type of employment, prior benefit awards can be taken away.

As to the due process argument, the court found that it was not essential for the plaintiff to have been at his hearing for the termination of his PTD because his lawyer was there. Because there was no evidence that plaintiff would have offered any evidence at his termination hearing, the court found that his attorney was there to represent his rights; therefore, this fact did not compromise his rights.

Atlanta Workers' Compensation Attorneys, Recycling and Green Technology

Thu, 29 Mar 2012 13:22:18 -0500

Our Atlanta workers' compensation attorneys have watched as the recycling and green technology industries have grown exponentially.

Nationwide, the Environmental Protection Agency reports Americans compost or recycle 82 million tons each year -- or about one-third of the nation's waste.

But with industry growth has come an increased risk of accidents. Recently the Occupational Safety & Health Administration cited Olde Atlanta Recycling with 23 safety and health violations. The citations are the result of numerous safety violations that OSHA alleges occurred at the company's Cumming facility.

Safety investigators conducted an inspection in November, based on a complaint. Proposed penalties total $69,200.

Among the allegations: failure to provide a program aimed at preventing machine startup during service; not requiring workers to wear seat belts on industrial trucks; transporting compressed air in PVC; inadequate exit signage; and electrical deficiencies.

The government also accuses the company of not doing enough to implement a noise-monitoring program; of not having enough respirator training, and of failure to do enough to prevent laceration hazards.

"This inspection has identified several safety and health deficiencies that need to be addressed by Olde Atlanta Recycling in order to protect its workers," said Bill Fulcher, director of OSHA's Atlanta-East Area Office. "It is the employer's responsibility to provide a safe and healthful workplace."

OSHA is working across the green jobs industry to promote safety.

Most people instinctively see green jobs as safe, said Assistant Secretary of Labor David Michaels at a recent green jobs workshop. However, that's just not the case. New chemicals, new manufacturing processes and new technology all combine to present unknown dangers.

OSHA is primarily working green job safety in three core areas: Prevention through design of safe technology, creating standards and procedures, and giving voice to a green generation of employees.

One of the latest issues has been the rise in popularity of green roofs in urban areas throughout the United States. Some of these projects are designed and installed by companies with specific experience in green roof technologies. However, landscapers, roofers and other contractors are leaping into the fray. Workers dealing with green-roof technology face risks of accidents associated with falls; lack or proper personal protective equipment; exposure to silica dust; issues involving cranes, derricks and hoists; powered industrial truck accidents; electric injuries and injuries do to heat/cold stress.

Designing standards and implementing best practices will be critical as the advent and implementation of this technology moves through the 21st Century. As these companies continue to grow, and these manufacturing processes begin to dominate the economic landscape, the safety of tomorrow's workers will be at least in part be decided by what we are doing to ensure the safety of today's workforce.

Retirement Presumption in Georgia Worker's Compensation Claims Addressed in Downing v. Department of Transportation

Tue, 20 Mar 2012 16:58:25 -0500

There are many critical questions to be considered when addressing a Georgia worker's compensation ("WC") claim. Downing v. Department of Transportation ("DOT") shows that it is important to have an experienced Georgia injury attorney as soon as you find you suffer an injury from your work duties.

One of the first questions that arise in a WC claims is, what classification of injury was sustained. There are two types of WC injuries, they are the gradual injury and the incident injury. The incident injury is one that occurs suddenly within the workplace, while gradual injuries are injuries that arise over time because of continuous motions associated with job activities.

Gradual injuries bring up a lot of complications in WC law, which is why the court in Downing goes into such detail regarding this hotly contested WC issues. The court affirms the idea that in a WC claim for gradual injury, the original cause of the injury does not have to be the employee's job duties however the job duties must be a substantial factor in creating the severity of the injury.

The next issue to discuss in a WC claim is whether the employee's injury arose during the course of employment. To prove this, there must be an identifiable and substantial causal connection between the actual injury suffered and the activities performed as part of the injured's employment.

Furthermore, fact finders meet some confusion when identifying the actual date of injury in a WC claim. Because of the nature of gradual injuries, this date of injury can sometimes be disputed. However, the dates that are usually considered in these cases, are the date when a treating medical professional actually diagnosed the employee with the medical condition or when the employee first sought medical attention because of the complaints from this gradual injury.

The court in Downing discusses all of these issues yet it focuses on one main issue in the claim; whether an injured employee can receive WC benefits in addition to their retirement benefits.

This case cites an important legal doctrine that controls this question. This doctrine is called the retirement presumption. Essentially this presumption states that an employee who has retired and is obtaining retirement benefits, cannot also collect WC benefits.

This decision comes because Downing suffered from gradual injuries arising from a pre-existing condition. Downing had spinal stenosis and because of the nature of his work as a laborer, this injury became severely worse. As cited above, in gradual injuries an employee can still collect WC benefits where their injury was pre-existing but aggravated by their work activities.

Subsequently, the pain in Downing's back, leg and hip was so relentless that he was forced to apply for retirement. Downing changed his mind about retirement and upon rescinding his application went back to work for the DOT for another year.

The court reaffirms that the crucial point in the conflict between the rules controlling WC benefit and retirement benefit is the original time of the retirement. This means that when Downing first applied for retirement, this triggered the retirement presumption. It is irrelevant that Downing soon after rescinded that same application.

After another year of working at the DOT, Downing then retired and began working part time for a different employer. After several years, Downing's pain reemerged and he was forced to have spinal fusion surgery. At that time, Downing was receiving benefits associated with his original injury however he applied for additional WC incapacity benefits and was denied.

The court in this case was led to address the issue of whether this man would be eligible to collect both WC benefits and retirement benefits. This determination was contingent on the retirement presumption.

Downing states that where an employee terminates their own employment and receives non-disability benefits from their employer, the employee is not entitled to WC benefits. Hence, when Downing retired from the DOT and accepted the retirement benefits, he barred himself from future WC benefits.

Because Downing was unable to prove that there was a "total physical inability to perform any work that would otherwise be suitable to the employee's qualifications, training and experience," Downing was unable to recover additional benefits through WC. See Costales, 832 A.2d 790.

When you are injured on the job, it is so important to know how your future actions can affect any benefits you are entitled to.

Georgia Job Safety Promoted Following Deadly Tornadoes

Sat, 10 Mar 2012 13:52:30 -0500

In the wake of tornadoes that swept the country early this month, claiming more than two dozen lives and carving a path of destruction that will take years to rebuild, the U.S. government is urging certain precautions be taken by employers to promote job safety in Georgia and across the country.

Our Georgia workers' compensation attorneys do know that natural disasters can't be prevented. If a tornado has a mind to rip through your neighborhood, there's nothing that can be done to stop it.

However, what can be done - and what the Occupational Health & Safety Administration is promoting - is having adequate preparation for such an event, as well as a planned response.

The first thing businesses can do is work on an emergency plan. This is going to include everything workers need to know about where they can take shelter, how to make sure everyone is accounted for and how to approach any hazardous materials they may encounter during or after the disaster. It's also typically recommended that companies develop an action plan for workers' families as well.

With regard to identifying the best shelter from a tornado, employers should first identify whether there is an underground space available. If not, find a small space in an interior hallway or room on the lowest floor available. Steer clear of doors, windows and walls. Staying in the center of the room - as opposed to the corners - can help you avoid getting caught in debris. If possible, find a room that is reinforced with concrete that has no windows and a heavy roof system overhead.

If your workers are caught outside, this could be a deadly scenario. The best option would be to find shelter in a sturdy basement or building. If you can't locate one that workers could easily walk to, instruct workers to get in a vehicle and drive to the nearest shelter. If it's too late, either stay in the vehicle, seat belt on, cover your head with your arms and stay below the windows. Or, employees could get out, lie in a ditch or other low area with hands covering head.

Back inside the office, you'll want to have a system already in place to figure out who is accounted for and who might be missing.

Offer emergency supply kits that would be easily accessible in the shelter.

Whatever plan is developed, it's important that workers are kept updated on it. They should be trained to know how to handle such an emergency. Make sure everyone knows the difference between a tornado watch (conditions are ripe for such a storm) and a tornado warning (a tornado has been spotted - get to shelter immediately).

Other signs that a tornado is approaching include: very dark, sometimes green clouds; a cloud of debris; sizable hail; a funnel cloud; roaring noise.

In the immediate aftermath of a tornado, make sure your employees watch out for things like:

Dangerous driving conditions;

Objects that are liable to fall, such as poles or tree limbs;

Sharp objects, particularly broken glass or nails;

Fire due to equipment failure;

Exhaustion spurred by working longer shifts;

Dehydration.

Baker v. St. Paul Travelers Insurance Company Warns of the Rules When Hurt on the Job

Tue, 06 Mar 2012 11:38:37 -0500

The intricacies of the law controlling work related injuries in Georgia are often overlooked until an injury is actually sustained. It is challenging to navigate through all the rules when you are injured and just need medical care. When you do not know whether to apply for workers compensation or insurance benefits, you need a knowledgeable Georgia workers' compensation attorney that can help you get the benefits you deserve.

On February 28, 2012 the First Circuit Court of Appeals decided that in Massachusetts a person cannot recover for work related injuries under both an employer's uninsured/ under-insured motorist (UIM) insurance coverage and Workman's Compensation, except where the employer "explicitly purchased" the UIM coverage with the intention of protecting their employees.

Baker v. St. Paul Travelers Ins. Co. Basically, in Massachusetts if your employer intended to protect you with the insurance they purchase then you are able to collect from both Workman's Compensation and the UIM insurance company. But if your employer buys the insurance coverage without the specific purpose of protecting their employees, then if you are injured while performing your job duties you cannot collect from the employers UIM insurance company.

The complexities of the law are also illustrated in third-party liability claims. In general, workers' compensation was created to reimburse employees for loss due to injury on the job, while protecting employers from lawsuits that could put them out of business. Thus in most cases a personal injury lawsuit cannot be brought against an employer. However, a subcontractor, third-party vendor, property owner or other at-fault party may be pursued via a third-party injury claim.

This case in point comes after an incident in December of 2002 when Heidi Baker, who was employed by Safety Source Northeast (Safety), was seriously injured in an automobile accident caused by a third party while she was performing her job duties. Baker collected Workman's Compensation benefits but the problem arose when she later tried to recover under the (UIM) provision of the automobile insurance policy her employer had with St. Paul Travelers Insurance Company (St. Paul). This victim did not know what benefits she was entitled to and was eager to get the help she needed for the injuries she sustained while doing her job. Do not let this be you.

State law says that in Massachusetts a person cannot recover for work related injuries under both an employer's UIM insurance coverage and Workman's Compensation except where the employer "explicitly purchased" the UIM coverage with the intention of protecting their employees. However, Safety's President testified that he is solely responsible for purchasing automobile insurance for the company, and he was "unaware" of the existence of the UIM coverage under the Safety policy. This testimony negates the required intent on the part of Safety to protect their employees. The case decision cited Baker as "grasping at straws" when she continue to argue even after she recognized that there was no direct evidence that Safety explicitly purchased the UIM coverage with the intention of protecting its employees. St. Paul Travelers Insurance Company won this case and it was held that Baker is not eligible to collect on both state Workman's Compensation and the employers UIM policy.

When injured in an accident at work you need trustworthy guidance from someone who knows the law and can advocate on your behalf. As in this case, many people are injured while working and they need help when confronted with the mounting medical bills lost wages and other costs associated with an on-the-job accident.

There is often confusion regarding coverage and what assistance you are entitled to. When driving is one of your job duties, be conscious of how your employer's policy and coverage applies to you. Without experienced legal counsel to help you navigate the confusion of insurance coverage and entitlements, assistance can seem daunting. When involved in a job related injury you need to know your state Workman's Compensation law and your insurance policy rules before you enter a claim.

We can help direct you through the process of requesting assistance for job-related injuries.

Atlanta Work Hazards Reduced by OSHA Outreach Program

Sat, 25 Feb 2012 14:13:13 -0500

A safety outreach program at residential construction sites, created by a federal oversight agency, has been extended for several months in an effort to reduce construction accidents in Atlanta and across the country.

According to a release from the U.S. Occupational Safety and Health Administration (or OSHA), the agency had dedicated a large number of resources to preventing falls within the residential construction industry.

As our Atlanta workers compensation attorneys understand, construction site falls are among the leading causes of work-related injuries in Georgia and throughout the U.S.
That's why in September of last year, OSHA pumped up its enforcement efforts regarding fall hazards on construction sites, particularly residential projects, such as houses, condos and nursing homes.

Essentially, what it meant for a number of construction companies was that the agency would provide free assistance on-site to help each employer make sure it was meeting OSHA's updated standards.

It also offered a reduction on fines and penalties if the company was making a good faith effort to update its safety policies and conditions. In fact, companies were specifically given 30 days to fix fall hazards. If there was a serious injury or fatality that happened during those 30 days, the company wouldn't be off the hook, but the whole idea was to give companies time to come into compliance, and ultimately keep workers safer in the long run.

The effort also implemented certain guidelines that would make it easier for companies to be more consistent in matters of safety, and particularly in preventing fall hazards.

This increased enforcement effort was intended to run through the middle of March. Now, OSHA says they are extending the efforts through the middle of September - so the program will run for a year total.

Within the last several months, OSHA said it has held more than 1,000 outreach session across the country, with the goal of helping employers comply with more stringent safety rules.

OSHA has a long list of rules that dictate what measures a construction company has to take in order to keep its workers safe from a fall. Those include the requirement that for any worker who is engaging in work more than 15 feet off the ground has to be protected by a guardrail, safety net or some other fall restraint device. For construction workers who are doing their job on multi-story buildings, there must be safety cables installed around the interior and exteriors of the floors, as soon as metal decking has been laid down. Plus, employees working with connectors (which they should be if the structure is more than two stories high), need to be trained in how to use them.

Training for employees is also key in preventing construction falls in Atlanta. Employers are required to organize the training for their workers. That training has to cover the following areas:

1. Identifying fall hazards.
2. Using guardrail systems.
3. The correct way to put up, maintain and inspect all fall protection systems.
4. Procedures to prevent lower-level falls.
5. Proper safety gear.

Work Hazards in Atlanta Named in Publix Citation

Mon, 20 Feb 2012 13:35:06 -0500

Publix grocery store, with 182 locations in Georgia alone, has been fined almost $200,000 for alleged work safety hazards in Georgia and Florida.

Most recently, an employee lost a hand after alleged negligence at one of the locations.

Our Atlanta workers compensation attorneys understand that due to a host of violations at various stores across the country (including in Georgia), the grocery chain has been placed on the Severe Violator Enforcement Program with the U.S. Department of Occupational Safety and Health Administration. That's according to the Financial News & Daily Record.

Media reports indicate that this latest incident happened at a distribution center in Jacksonville on West Beaver Street. The employee had been cleaning equipment when his hand was sliced off.

OSHA has said that the incident would not have occurred had Publix taken certain precautions. Publix officials disagree, and say they plan to fight the government agency's decision.

While it is true that some accidents may not be foreseeable or preventable, oftentimes a company is aware of certain safety risks, yet chooses not to address them because to do so would require time and money they do not wish to spend.

In this case, the complaint was first made in September.

OSHA's Jacksonville-area director, Brian Sturtecky, said that Public officials knew about the risks to which its cleaning crew was being exposed. And yet, it didn't take any action to keep its employees safe from harm, which could have been as simple as implementing controls on the conveyor equipment's source of energy.

Sturtecky said opening up the possibility of having a limb amputated is absolutely unacceptable, and further, that action has to be taken immediately.

OSHA said one of the grocery chain's violations was "willful," which essentially means that the company broke the rules knowingly, and with a total disregard for the law. That is going to cost them a penalty of about $70,000.

Additionally, the store had two repeat violations. Those could result in a fine of about $66,000. Those include a failure to use or even have a procedure for lockout-/tagout and the failure to conduct a yearly inspection of the energy control procedures. The store was cited for the exact same offense in Georgia four years ago.

Another six violations are considered serious, and could result in fines of nearly $40,000 for not properly training employees on a number of safety issues. Another six violations, which include things like improper documentation and paperwork, could bring a fine of nearly $7,000.

The store has half a month from the time it received these notices to comply with the federal agency's request to either pay the fines or fight back on the allegations.
A company spokesman told the Daily Record that the store does maintain a safe working environment, and it plans to appeal the findings. He added, however, that the store intends to address any issues that could have been a contributing factor in the instance where an employee lost his hand, which he called "an unfortunate incident."

Company Cited For Risking Employee Safety in Georgia

Mon, 13 Feb 2012 12:13:46 -0500

K.M. Davis Contracting Co. Inc. of Marietta was recently cited by the Occupational Safety and Health Administration (OSHA) for failing to take the appropriate measures to help reduce the risks of work-related injuries in Georgia. In total, the company faces proposed fines of nearly $55,000. The company was observed disregarding OSHA's workplace safety standards.

The violation was discovered by officials after OSHA inspected the site back in August. The work site inspection was conducted as a part of OSHA's national emphasis program on trenching and excavations. The company was contracted by the city of Marietta to put in fire hydrants and install nearly 3,000 feet of water lines along North Cobb Parkway.

Our Atlanta workers compensation attorneys understand that trench-related work accidents can be some of the most catastrophic of any industry. For this reason, there are a number of standards that trenching and excavating companies must meet to help ensure the safety of its employees. K.M. Davis Contracting Co. Inc. was busted for violating these national standards.

In the violation discovered by OSHA, employees were allowed to work in a trench that was nearly 10 feet deep that didn't have cave-in protection. This violation was categorized as a willful violation, meaning that the employer knew about it or should have known about it and disregarded the law.

In other words, the management was aware of the potential hazards to employees in the trench, but flagrantly ignored those hazards.

Under the current standards laid out by OSHA, employers are required to make sure all excavation and trenching projects which are done at a level of 5 feet or deeper be protected against cave-ins or collapses.

According to the Trenching and Excavating page on OSHA's website, excavating and trenching is easily one of the most dangerous and hazardous of construction operations. The safety standards were recently revised to help to make it easier for employers to understand and to protect workers in this field.

The top danger for workers in trenching and excavating projects is collapse. To help reduce the risks of a cave-in or a collapse, employers are required to conduct an analysis on the soil to figure out shoring, benching and sloping.

It's also important to keep an eye on the placement of heavy machinery, work materials and work-related traffic near the work site. Employers and employees also want to be cautious of natural gases and various electrical hazards stemming from power lines located underground.

K.M. Davis Contracting Co. Inc. can either pay the proposed penalties, request a conference with the area director or contest the investigation's findings. Regardless, they have 15 business days to do so.

Respirator Info Available to Help Reduce Risks of Illness and Injury on the Job in Georgia, Nation

Tue, 07 Feb 2012 11:42:53 -0500

There are 17 new videos released recently by the Occupational Safety and Health Administration (OSHA) to help to educate workers about the proper way to use respirators on the job. Educating yourself on the use of these devices can help to reduce the risk of a work-related injury in Georgia and elsewhere.

There are nine videos in English and eight videos in Spanish. Our Atlanta workers compensation attorneys encourage you to view these videos if you work in the construction industry. Some of the topics discussed in these videos are fit-testing, training, use and detecting counterfeit respirators. They're even available with closed captioning.

There's even a page on the Safety and Health topics page regarding Respiratory Protection on OSHA's website. This page offers the information on the hazards associated with these industries, various training materials and details on the Respiratory Protection Standard.

Every year, there are about 5 million employees who have to wear respirators on the job. These workers occupy nearly 1.5 million work areas in the country. These respirators are used to protect employees against insufficient oxygen levels, gases, mists, smoke, harmful dusts, sprays and vapors. Some of these work environment hazards can potentially cause lung impairment, cancer, a number of other diseases and even death.

Employers are required to comply with OSHA's respiratory Protection Standard. Officials believe that this standard helps to reduce the risk of hundreds of deaths and thousands of injuries and illnesses every year.

Respirators are specially designed to provide clean and filtered air to workers. The respirators work by filtering out the dangerous particles from the air that a worker might inhale.

Employees who have beards should be careful when using a respirator. If there is any chance your facial hair could somehow break the seal and allow unfiltered air into your lungs, there's a problem. Beards and sideburns can cause outside air to make it to the employee before being filtered correctly, increasing the injury risk.

If you're required to wear a respirator on the job, trim your facial hair so that it doesn't interfere with the seal.

You also want to make sure your mask isn't loose. You want a tight-fitting face mask to ensure outside air is making its way in.

Employees are urged to review the new videos and material that was recently released by OSHA. This information can help you stay safe on the job and avoid any unnecessary injuries or death. If you feel that there's a problem with work safety at your job, speak up! Point out hazards you observe to help to reduce the risks of an accident.