Does Workers Comp Cover Car Accidents, or do I Need a Third-Party Claim?

Table of Contents

  1. What Is Workers’ Compensation?
  2. Workers’ Comp for Employees Who Drive
  3. Third Party Civil Claims vs. Workers’ Compensation Claims
  4. Can I Bring Both a Workers’ Compensation Claim and a Civil Suit or Personal Injury Claim?
  5. The Brown Firm Helps With Workers’ Comp and Third-Party Civil Cases

Most people associate workers’ compensation with someone being injured by machinery or a fall while on the job.

But what about an employee injured in a car accident? With an ever-increasing amount of delivery services, thanks to online shopping and restaurant delivery, more people on the road are also on the clock. It is important to understand your legal rights if you’re injured in an auto accident while on the job.

You’re likely familiar with the concept of workers’ compensation (workers’ comp) for those injured at work, but is this the only option? In certain circumstances, you may be able to pursue other sources for full compensation.

In this post we’ll review the basics of workers’ comp claims and third-party claims after a work-related car accident. We’ll also explain how an experienced personal injury attorney can help with the entire process, allowing you to focus on healing.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

What Is Workers’ Compensation?

Workers’ compensation is an insurance policy carried by employers. In general, if an employee has a work-related accident (slip and fall, hurt by machinery, car accident, etc.),

Unlike other personal injury claims, the process of getting workers’ compensation insurance money doesn’t require proof of an employer’s (or anyone else’s) negligence. Even if the employee is technically at fault for the incident, workers’ comp will still provide compensation.

Be aware that workers’ compensation will only pay for your economic costs, such as medical bills and lost income. You cannot recover money for non-economic costs, such as pain and suffering or mental anguish.  

does workers comp cover car accidents
does workers comp cover car accidents

Workers’ Comp for Employees Who Drive

Under the statute in Georgia, as in most states, you only need to show the following to secure workers’ compensation after a car accident:

  • You were injured in the motor vehicle accident.
  • You were “on the job” and acting within the scope of your employment.

When an employee is driving a company truck, car, or other motorized vehicle, they are often acting within the scope of their employment. Typical reasons for driving on the job include:

  • Making a delivery
  • Running a work-related errand
  • Driving another employee for work-related purposes
  • Traveling to trainings or other required, work-related events
  • Providing transportation for customers, such as city bus drivers
  • Driving to off-site jobs
  • Using the company vehicle while pursuing other job duties

For example, if you are paid to drive a delivery truck to get items to customers, and are in an accident while doing so, workers’ compensation is probably going to cover your medical bills and lost income, whether you were at fault for the accident or not.  

Respondeat Superior: If the Employee Is at Fault in a Car Accident

The relationship between employers and employees who drive company vehicles and/or as part of their job falls under the legal doctrine of respondeat superior.

Respondeat superior dictates that employers are legally responsible for the actions of their employees while those employees are “acting within the scope of their employment.” This includes paying for injuries and property damage caused by an employee driving a company vehicle for work-related reasons.

Because workers’ compensation is a no-fault policy, it doesn’t matter if the employee caused the accident or not — the employer is responsible for injuries sustained by anyone hurt by the employee’s actions (including the employee themselves).

Workers’ compensation will pay for the employee’s damages, while the employer’s liability insurance will usually take care of the costs of drivers of other vehicles, non-employee passengers, bystanders, and anyone else hurt in the incident.

When an accident occurs on an employees’ own time, including travel to and from work or during a lunch break, is not usually considered work-related.

An employee who causes and/or is injured in a car accident may lose their right to any compensation or protections if they were under the influence of drugs or alcohol, or involved in criminal activity, at the time of the crash.

Can Uber and Lyft Drivers Get Workers’ Compensation Benefits?

Companies like Uber and Lyft pay drivers to provide transportation services, but on their own schedules and with the ability to pick and choose passengers through the app.

People who drive for companies like Uber and Lyft are considered independent contractors, rather than employees. This means the companies don’t have to provide workers’ compensation to injured workers when a car accident happens.

However, in 2018, Uber began offering drivers an insurance program that functions a bit like workers’ compensation. If drivers are in an accident while logged into the app, they can receive coverage for medical expenses and lost income.   

A workers’ compensation attorney may be able to help rideshare contractors get financial help after a car accident on the job. 

RELATED: Frequently Asked Workers’ Compensation Questions

Third Party Civil Claims vs. Workers’ Compensation Claims

If you were injured due to a third party’s negligence while driving for your job, you may bring a civil claim against the driver or their insurance company. This is a completely separate option from a workers’ compensation claim.  

A civil claim is brought if you sustained injuries because of the fault or negligence of the other driver. The driver responsible for your injuries is known as a “third party,” and bringing a claim against that driver is known as a “third party claim.”

As mentioned earlier, the big differences between a workers’ compensation claim and a personal injury civil claim are:

  • The types of damages that can be recovered
  • Whether who’s at fault must be proven

Types of Damages

In a workers’ compensation claim, you ordinarily receive payments only for your medical bills and lost wages. You will not receive payments for any physical or mental pain and suffering that you endured from your injuries. These can only be recovered in a personal injury civil claim and are known as “general damages.”

Who’s at Fault

When you bring a third-party claim against a third-party driver, you must prove the other driver caused the car accident. This can be tricky, but is much easier if you work with an experienced personal injury attorney.

Another disparity: workers’ compensation benefits do not cover property damage. This means your employer is not responsible for paying any repairs to your car—even if you were running an errand at your employer’s request. If you seek payment for vehicle damage, this can only be recovered through a civil claim.

Statute of Limitations

The two claims also vary significantly in the time periods within which you may file your claim. In a personal injury civil claim, you may have up to one, two, or even five years to file your civil lawsuit (varies by states). In a workers’ compensation claim, the standards of time are often much shorter.

Frequently, when you are injured on the job, you must notify your employer within a matter of days, or sometimes as soon as 24 hours. If you fail to meet that requirement, the employer may have a defense to your claim.

does workers comp cover car accidents
does workers comp cover car accidents

Ready to Talk to a Lawyer Who Has Your Back?

Can I Bring Both a Workers’ Compensation Claim and a Civil Suit or Personal Injury Claim?

Even though dealing with both kinds of claims can be very confusing, you don’t typically have to choose between filing a workers’ compensation claim and filing a civil claim. Even if you collect workers’ compensation benefits, you still have the right to seek damages from the other driver who caused the accident.

However, a “lien” can come into play if you receive workers’ compensation benefits from your employer. Meaning, if you reach a settlement agreement in your third-party civil claim, your employer can require reimbursement for the amount of workers’ compensation benefits they paid you. A lien is the equivalent of a right to reimbursement.

Working with a personal injury attorney can greatly increase your chances of getting as much compensation as possible from either kind of case.

RELATED: Can I Sue Outside of Workers’ Comp for a Workplace Injury?

auto accident while on the job
auto accident while on the job

The Brown Firm Helps With Workers’ Comp and Third-Party Civil Cases

If you need assistance filing a workers’ compensation claim or a personal injury civil suit, The Brown Firm has the experience and knowledge you need to bring a successful lawsuit. Get a free complimentary consultation with Georgia’s premier personal injury attorneys, who fully protect your rights as an injury victim.

Our Georgia and South Carolina personal injury lawyers specialize in personal injury, work-related injuries, auto accidents, wrongful death, and more. Call us at (800) 529-1441 or complete the easy contact form on our website to set up your free consultation. We can’t change your injuries, but we can help make you whole again.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Our Recent Personal Injury Articles

Contact The Brown Firm

Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

This field is for validation purposes and should be left unchanged.

What Are The Most Common Workplace Injuries?

There are hundreds of thousands, 2.5 million to be exact, of accidents, many of them serious, in workplaces every year.

About 5,000 workers are fatally injured in the workplace each year, with nearly a million injured workers losing days from work.

That’s why, as workers and even small business owners, it’s essential to be prepared and take the proper precautions to avoid a workplace accident.

You stand to benefit from knowing as much as possible about how workplace injuries happen and what workplace injuries are the most common so you can work smarter and safer.

But accidents can still happen to even the most prepared person, anyone can be a victim at any time.

If an injury happens to you at work, can you sue outside of workers comp for a workplace injury?

To help you avoid an unnecessary injury at work, below we have compiled a list of the most common workplace injuries.

 

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Slips, Trips, and Falls

No matter where you work, there is a good chance you will encounter a slippery surface at some point in your career.

Whether you work in a factory, a restaurant, an office building, or on wall street, there is no surface immune to becoming slippery enough to cause you to slip and fall.

Or, again, no matter where you work, it is possible to trip and fall over something.

Maybe a diner in your restaurant scoots back in their chair as you walk by, causing you to fall.

Or someone on the same floor of your office building drops their three-ring hole punch on the floor as you’re walking by, send you headfirst into the carpet.

People in the construction industry are at risk almost every day of falling while working at height, whether it be from a ladder or scaffolding.

No matter where you work or what you do, slipping, tripping, and falling is always a possibility.

slip and fall incident report
Man with a low back injury at work

Soft-Tissue and Back Injuries

Sprains, strains, and tears to muscles, tendons, and disks are the most common types of injuries reported by employees.

These types of injuries cost millions if compensation dollars every year, and back injuries are the number one cause of missed work.

There are several types of soft-tissues injuries, most of which only require a few days of rest to recover.

Others, though, can cause permanent disability.

Overextension is one of the most common types of work-related injuries, and it occurs from pulling, pushing, lifting, gripping, carrying, or throwing.

Overextension is known to cause sprained and torn muscles, tendons, and ligaments.

It’s the most common cause of work-related severe back injuries.

Falling Objects

This is one you don’t often think about, but plenty of workers are injured by falling objects every year.

This might seem probable if you work in a warehouse environment or on a construction site, but being injured by falling objects isn’t limited to just those environments.

Objects that fall from shelves or cupboards can cause debilitating injuries, especially if you aren’t expecting it and don’t see it coming.

People in an office building are often less aware of their surroundings than those on a construction site, making them more vulnerable to injury.

work vehicle accident
falling object work injury

Work-Related Vehicle Accidents

Thousands of car accidents happen every day, and a large portion of those are work-related car accidents.

The National Institute for Occupational Safety and Health reported that traffic accidents are the leading cause of work-related deaths in the United States.

If you’re in an accident driving to or from work, you likely aren’t eligible for workers’ compensation benefits.

But if you drive as part of your job, like delivery drivers or workers who are performing duties at the request of their employer should be covered by workers’ compensation.

If you’ve suffered injuries in a work-related car accident that wasn’t your fault, in addition to making a workers’ comp claim, you may also need to pursue damages against the other driver to ensure full compensation.

For example, even if you totaled your car running an errand for your company, workers comp won’t pay for damages to your vehicle.

Workers injured in vehicle accidents while on the job often need the expertise of a personal injury attorney to receive full compensation for their injuries.

Even if you were responsible for the accident, you would still be eligible for workers’ compensation if you were injured and unable to work.

Your employer’s liability insurance should also step in to defend and protect you against any damage claims made by occupants from the other parties involved in the accident.

Protect Yourself At Work

There is no shortage of ways you can be injured at work, and this list is just the tip of the iceberg of possibilities.

But, like they say, knowing is half the battle.

Watch out for slippery surfaces, falling objects, be careful when lifting or carrying anything heavy, and be extra safe when you are driving for your job.

Proper training, clear signage, and access to safety equipment are also vital in preventing workplace accidents.

Your company should also be performing regular risk assessments.

You can’t always avoid accidents, but you can do your best to avoid unnecessary mishaps.

If you’ve been injured at work, the first thing you need to do is seek medical attention.

Then you need to tell your employer so the compensation progress can begin.

In certain situations, especially with vehicle accidents, you may also need to contact a personal injury attorney to make sure you receive full compensation.

If you’ve recently been injured at work and you’d like to discuss your case with a personal injury attorney, click the button below.

Ready to Talk to a Lawyer Who Has Your Back?

Our Recent Personal Injury Articles

Contact The Brown Firm

Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

This field is for validation purposes and should be left unchanged.

When Can I Sue Outside Of Workers Comp For A Workplace Injury?

If you’ve been unfortunate enough to be injured at work, you’re probably under the impression that the only way you can receive compensation is through your employer’s worker’s compensation insurance.

This is true for the most part, but there are a few exceptions where you might be able to sue for damages caused by your injuries.

Worker’s compensation can provide money and benefits to you if you’re injured at work, but temporary disability and permanent disability payments usually aren’t enough.

They fail to compensate for things like pain and suffering, and they don’t provide punitive damages to punish an employer for poor safety controls or dangerous conditions.

That’s why if you’ve been injured at work, you need to understand your rights to bring a case outside of the worker’s compensation program.

If you’ve been injured by machinery at work, here are 5 things to do if you were injured by machinery at work in Georgia

In the article below, we will discuss a few situations where you might be able to sue outside of worker’s compensation for your damages.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

You Were Injured By A Defective Product

If you’re injured by a machine or piece of equipment that is defective, failed to work correctly, or is inherently dangerous, the manufacturer can be held responsible for your injury.

If the manufacturer knew of the danger and/or didn’t warn the business or employees of the danger, there’s a chance they could be held responsible.

If that were the case, the manufacturer would have to compensate the worker for things like medical bills, lost wages, and pain and suffering.

For example, if you work in construction, your job could entail cutting 2×4’s and similar pieces of wood to size.

One day, while cutting a few pieces of wood to size, the safety function on your saw malfunctions, leaving you with deep cuts in two of your fingers.

You never regain complete function of your fingers after the accident.

In addition to collecting worker’s compensation, you might also have a product liability case against the manufacturer of the saw.

bottle labeled poison
blog_img2

You Were Injured By A Toxic Substance

Toxic chemicals and other substances that workers use could cause severe injuries and illnesses.

Examples of substances that can cause injury or illness are asbestos, benzene, chromium compounds, silica, and radium.

Any substance with the potential of harming you could potentially be the subject of a lawsuit for a “toxic tort.”

There are two general types of toxic injuries; acute injuries that are immediately apparent, and latent injuries that could take years to appear.

Acute injuries could be chemical burns or poisoning. Latent injuries could include cancer or lung diseases.

Because of the time it takes for them to become apparent, latent injuries are more difficult to prove than acute injuries, but still aren’t impossible to prove.

There are success stories of workers bringing lawsuits to court years after the exposure to the toxic substance and winning their case.

Cases with people who suffer from asbestosis or mesothelioma are almost always successful because the causation between exposure to asbestos leading to asbestosis, and mesothelioma has been proven many times.

If a toxic substance injures you, you can usually sue the manufacturer of the toxic substance and any manufacturer of safety equipment that failed to protect you.

You Were Injured By A Third Party

Sometimes when you’re injured at work, it’s not your employer’s fault, the fault of a defective product, or because of a toxic substance.

Sometimes it’s the fault of another person.

If that’s the case, there’s a chance you can sue that person for damages.

Let’s say you drive a company car to make deliveries for clients.

If you get hit by someone who runs a red light while you’re making deliveries, the person who ran the red light will be responsible for your injuries.

You will be able to bring a lawsuit against the driver who hit you, and their insurance company will likely pay your damages without the need for a lawsuit.

Contact The Brown Firm If You’ve Been Injured At Work

If you’ve been injured by a defective product, toxic substance, or a third party at your workplace, you should immediately file a worker’s compensation claim.

Then, you should contact The Brown Firm to see if there’s anything you need to do outside of your worker’s compensation claim.

The Brown Firm will help you determine if you can sue outside of your worker’s compensation claim, and then guide you through the entire process.

They will also take measures to ensure that a similar doesn’t happen to you or your co-workers again.

If you’re ready to let The Brown Firm help you with your case, click the button below.

Ready to Talk to a Lawyer Who Has Your Back?

Our Recent Personal Injury Articles

Contact The Brown Firm

Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

This field is for validation purposes and should be left unchanged.

5 Things to do If You Were Injured by Machinery at Work in Georgia

The chances for an accident to occur are quite high when working with heavy machinery. Due to the size and weight of pieces of equipment, machinery, and vehicles typical in most industries, a small mistake or equipment defect can be a safety hazard.

The results are often disastrous when body parts get caught in or struck by exposed moving parts or flying objects from machines that are not adequately guarded.

You may be subjected to significant or catastrophic injuries that require a great deal of medical care and leave you unable to work at all.

While your injuries will be unique to you and the incident that caused them, it is common to suffer:

  1. Cuts, lacerations, punctures
  2. Crushed limbs, hands, fingers
  3. Fractures and broken bones
  4. Traumatic amputations
  5. Concussions and skull fractures
  6. Traumatic head and brain injuries
  7. Electrical burns

 

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Common causes of Machine-Related Injuries

Unavoidable or inescapable accidents often occur to equipment operators, but this is rarely the case.

Machines can’t move on their own, so accidents can’t just happen without any reason. Machine accidents can happen in many ways.

While some cannot be prevented, many occur because someone was negligent in their duties. Negligence from an employer, supervisor, or fellow worker is generally to blame as this causes improper maintenance, loading or unloading, handling, training, or planning.

The cost of this negligence is grave and provoke the following machinery-related accidents:

  • Rollovers. When the ground is unstable, the machine is poorly maintained, or the operator loses control, the machine could lose its balance and topple to the side.

  • Collapses. An accident that frequently occurs in machines with cranes as they could buckle under the weight of its cargo and crumple to the ground which could fall on someone.

  • Malfunctions. A machine that is not maintained correctly can be as dangerous as a machine without the proper safety guards or the wrong machinery being used to do the job. When the machine fails to perform its job, the effects of a faulty machine can range from loss of control to accidentally dropping a heavy item or items on workers below.

  • Machine collisions. An injury is caused by a machine collision when it runs over a worker or pins him between a hard surface. These accidents commonly occur when the operator loses control of the machine, or the machine is left running but unattended.

  • Inadequate training. Workers are frequently asked to operate machinery with little or no little training to get things moving along quickly. But, inadequate training for the sake of productivity can pose a real danger as it can lead to mishandling or misusing the machine, which could result in serious injuries.

  • Operating machinery without any protective gear. Workers who use or operate any work equipment can be affected by its unique set of risks and potential for injuries. Personal protective equipment (PPE) and clothing are necessary when using these types of machinery to protect the employees from the potential dangers of heavy machinery. While many workers would appreciate the necessity of protective gear at work, there would always be a stubborn one who would refuse to wear PPE and prefer to gamble with their safety.

Related Article: The 10 Most Dangerous Cars Of All Time (Infographic)

Things to do following a machinery accident

If you are injured in a machinery accident, you may be entitled to workers’ compensation benefits as the state law requires nearly every employer to provide workers’ compensation insurance coverage for its employees.

The following information will help protect your legal rights if you suffer a job-related injury:

Seek Medical Attention

The first logical step is to do is to seek medical attention.

Your employer is legally required to provide immediate medical attention and call 911 when the injuries appear to be dangerous.

For non-emergency care, you will be highly encouraged to get medical care as soon as possible.

Attend Medical Appointments

It would be in your best interest to make an appointment with an injury doctor after the visit to the emergency room.

In the case of workers’ compensation, the rules state that you can only see your regular doctor on one condition: that your employer knows the name and address of your physician before you get treatment. Without it, you will be required to visit the doctor from your employer’s medical provider network.

Attending all of your doctor appointments and following their recommendations precisely would help your case. It would give the claims administrator a reason to open an investigation or deny your worker’s compensation claim if you fail to comply with your doctor’s orders.

However, you have the right to get a second opinion if you disagree with the treatment prescribed by your doctor.

File a Claim Through Your Employer

Ask for a claim form to pursue a claim and wait to hear from the claims administrator. It is the responsibility of your employer to file a workers’ compensation claim with their insurance company on your behalf.

Make sure to follow up to confirm that a worker’s compensation claim is filed. You are entitled to a copy of the workers’ compensation claim filed by your employer.

Wait to Hear from The Claims Administrator

An investigation will be initiated by your employer and their insurer after filing a claim.

In a few weeks following your claim, you would receive written notice as to whether your appeal was accepted or denied; however, you need to contact your claims administrator directly if you do not hear from them after a while.

Once your claim is approved, you will start to receive temporary disability benefits within two weeks of your doctor declaring your injuries prevents you from doing your job and will continue receiving the next ones after every 14 days for as long as you are eligible.

Once your doctor states you will never be able to recover from the accident fully, you will be eligible to receive permanent disability benefits or a voucher to pay for training at a different job.

Get Help of Professional Workplace Injury Attorney

The days following a machinery accident should be focused on making your physical recovery. Consulting an attorney to deal with your workers’ compensation would ensure you are well compensated following a devastating accident on the job.

Compensation is the proper way to get them to make amends if your employer has been negligent in their duty to provide a safe working environment for you, and you have suffered an injury as a result.

Contact The Brown Firm for Legal Help

If you are injured in machinery accidents, our skilled work injury lawyers at The Brown Firm can be consulted for any legal advice and help you need to get the compensation you deserve.

Contact us at (912) 200-9755 or click the button below to get started with a Free Consultation!

Ready to Talk to a Lawyer Who Has Your Back?

Our Recent Personal Injury Articles

Contact The Brown Firm

Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

This field is for validation purposes and should be left unchanged.

Receiving Workers Compensation From a Workplace Explosion in Georgia

Explosions and fire may seem exciting in Michael Bay directed movies, but when they occur in real life, they are far from enticing.

Because of their lack of commonality, most workers just assume that something like an explosion could never possibly happen at their work. That sort of thing only happens in the movies, right?

Unfortunately, they are not as rare as we may wish. Up to 5,000 workers annually are injured in explosion incidents.

Here’s more about what you need to know about your workers’ compensation case in Georgia.

Let’s look at a couple of homegrown examples of workplace explosions.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Example 1

In June 2016, Bonnell Aluminum in Newnan, GA had a massive explosion that critically injured 5 workers and led to the plant temporarily shutting down production. The explosion occurred in the casting area of the plant.

Two of the individuals had to be sent to the Atlanta Medical Center, and residents say the explosion could be felt up to a mile away.

The investigators and the Occupational Safety and Health Administration (OSHA) believe that the explosion was caused by a steam explosion as the result of water coming in contact with molten metal.

Example 2

In February 2016, a feed mill in Rockmart, GA had a fatal explosion that OSHA claims could have been preventable.

The cause of the explosion in the feed mill was an excessive amount of grain dust in the hammer mill area that would eventually ignite and explode, killing one 25-year-old worker.

OSHA has been adamant in raising awareness about combustible dust, and the feed mill found itself with 5 health violations and 15 serious offense violations.

For more information regarding combustible dust, click here.

Unfortunate Truth

While none of us want to consider that something like a workplace explosion could happen, history and statistics prove that wrong. Sometimes it is out of the worker’s control and freak incidents, and other times it is something that can be prevented.

However, every worker is entitled to a safe and hazard-free workplace.

Major Causes of Workplace Explosions

We already touched on combustible dust, yet there are many factors and incidents that can lead to an explosion.

Some of the most common causes include:

  1. Combustible Dust
  2. Wielding
  3. Torch Cutting
  4. Flammable liquids
  5. Flammable gases
  6. Malfunctioning machinery
  7. Improperly maintained or faulty equipment
  8. Overloaded outlets
  9. Static Discharge
  10. Wiring that is faulty or not up to code

There are more causes that could lead to an explosion, but these tend to be the most prevalent cases.

Always make sure to keep machinery and wiring up to code, properly maintained, and following adequate safety instructions. 

For additional information about basic workplace safety precautions, click here

Jobs Most at Risk for Workplace Explosions

There are many factors that should be considered whether a job/career is “good” or “bad.”

Individuals quickly think of pay, convenience, labor, and hours when it comes to positive job qualities. However, job safety is a significant qualifier that should not be overlooked.

Obviously, incidents can happen anywhere and explosions are extreme and unexpected. However, it is clear that the likelihood of an explosion is higher at an industrial factory than, say, an elementary school or dentist office.

The jobs with the highest risk for a workplace explosion are the following:

  1. Gas and Oil workers
  2. Power-plant workers
  3. Pant factory workers
  4. Mine workers
  5. Compressed gas and chemical manufacturers 
  6. Underground sewer and cable repair workers 

Important note: The increased risk of workplace explosion does not inherently make these poor career choices. It is just a fact to be aware of when it comes to job safety. 

Injuries Associated with Workplace Explosions

Explosions are extremely dangerous and any time they occur injuries are inevitably imminent.

The size of the explosion and the range in distance are determining factors, but the following are injuries commonly suffered from workplace explosions:

  1. Minor to severe burns
  2. Bone fracture
  3. Traumatic amputation
  4. An increase in existing medical conditions
  5. Crush injuries
  6. Spinal/back damage
  7. Blunt injuries
  8. Concussion
  9. Abdominal hemorrhaging
  10. Eye/vision damage
  11. Angina

Other, non-physical, injuries suffered during workplace explosions include significant emotional trauma.

Ready to Talk to a Lawyer Who Has Your Back?

Can You Receive Compensation for Workplace Explosion Injuries?

So you may be wondering whether or not if you’re involved in a workplace explosion if you can receive financial compensation.

There answer is absolutely!

Outside the state of Texas, almost all employers utilize a “no-fault” workers compensation. That means regardless of who is at fault or why the explosion occurred, you are eligible to receive compensation for your injury and trauma suffered.

Let the Brown Firm Fight for You

Don’t suffer through your injuries and don’t worry about fighting on your behalf alone.

The Brown Firm has a group of experienced and successful Georgia Work Injury Attorneys that you need in your corner to help protect all your legal rights and allow you to receive full financial compensation.

Many workers’ compensation settlements are inadequate to cover an injured or fatally wounded employee’s medical expenses and make up for lost wages.

If you or a loved one sustained a serious injury due to an on the job explosion, you may be able to file a personal injury or product liability claim for your medical bills, pain and suffering, and loss of ability to work.

If you live in Georgia, click the link below for a Free Workplace Explosion Consultation today.

Our Recent Personal Injury Articles

Contact The Brown Firm

Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

This field is for validation purposes and should be left unchanged.

What You Need to Know About Your Workers’ Compensation Case in Georgia

When you become injured on-the-job or develop an illness because of your work, Workers’ Compensation is supposed to cover your medical expenses and any days of work that you had to miss as a result of the accident.

What you should know about your workers comp case in Georgia

Most employers have to buy worker’s compensation insurance. To be covered by workers’ comp, you must be an employee, injured while performing your job, or suffered an illness from your work environment.

If you become injured at work, there are several things you should know about your worker’s compensation case. Check them out below.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

1. Report any Injury or Illness to your Employer

If you believe you have suffered an injury or illness as a result of your job, it is crucial to report it to your employer sooner rather than later.

If possible, you should fill out an incident report immediately following your accident so the appropriate actions can be taken for moving forward with your workers’ compensation case.

2. Seek Medical Treatment

If your injury is an emergency, the ambulance will take you to the nearest medical facility. However, in a non-emergency situation, you may be given a list of particular clinics, hospitals, or doctors that you are allowed to see.

It is important to go where your employer tells you. If you go somewhere that is not approved by your employer you will run the risk of not having your medical expenses covered by workers’ comp insurance.

3. Keep Proper Documentation

When you are completing paperwork at a medical facility, it is important to explain that Key Facts about Workers Compensation in Georgiathe injury occurred at work. If you fail to do this, your medical bills will be sent to you instead of the workers’ comp insurance or your employer.

You may have the option to choose your own doctor. However, you will still need to make sure they are approved to make workers’ compensation claims and agree to the workers’ comp payment schedule.

When speaking with the medical provider, make sure your records state the history and circumstances surrounding the injury or illness. Having proper documentation of your injuries is crucial to a workers’ compensation case.

4. Contact The Brown Firm

If you are injured at work, handling a workers’ compensation case without the help of an attorney can be a complicated task to complete.

Understanding your legal rights and Georgia’s Workers’ Compensation system can be confusing if you are not familiar with the laws.

The Brown Firm Attorneys specialize in representing work injury victims and have the skills and experience to make sure you receive the right amount of compensation. Best Workers' Compensation Attorney in Georgia

When you become injured on the job, it is important to contact a Personal Injury Attorney as soon as possible to handle your case and make sure that you take the right steps to maximize your workers’ compensation case.

If you were hurt at work and need help with your Georgia Workers’ Compensation Case, do not hesitate to contact The Brown Firm Attorneys for free legal advice.

Click below to speak with The Best Workers’ Compensation Attorneys in Georgia today.

Related Post: What is “Pain and Suffering” Reimbursement? – A Georgia Lawyer Explains.

Ready to Talk to a Lawyer Who Has Your Back?

Our Recent Personal Injury Articles

Contact The Brown Firm

Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

This field is for validation purposes and should be left unchanged.

Will Fault Emerge Into Workers’ Compensation Laws?

New Workers’ Compensation Laws went into effect in March of 2016. Learn how these legal transformations may disperse into surrounding states deviating benefits workers were at one time entitled to.

Workers’ Compensation was originally assembled in 1911 and serves as a stable structure in which both employers and employees surrender certain advantages in order to gain others that are deemed more important.

The statute’s purpose is to deliver quick and efficient disability and medical benefits to a worker who has suffered injuries and to assist the employee’s return to gain reemployment at a reasonable cost to the employer. 

Employers surrender the immunity that would otherwise apply in cases where they were not at fault and employees surrender their former right to full damages in the few occasions when they could recover under common-law action and instead accept more moderate assured benefits for injuries and deaths (without having to prove fault.) Meaning, a worker cannot sue their employer for negligence and employers provide benefits to injured workers no matter who was at fault. 

The ideology of negligence should never come into play within the workers’ compensation system. The doctrine of liability without fault is a division of the compensation system; the 1911 legislation made efforts to guarantee payments by the employer for injuries arising within the scope of employment. The financial burden turned from the employee to the consuming public.

Initially, the only remnant of fault and negligence (depending on the state) involved penalties concerning employer or employee safety violations. In the case that an employee was hurt because of the employer’s safety violation, the benefits to which the worker was entitled were increased by 15% and paid directly to the employer.

Equally, if the employee committed a safety violation causing injury, benefits from the insurance carrier or self-insured employer could be reduced by 15%.

Another popular question that we get is Does workers’ compensation cover car accidents?

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Recent Revisions Make Changes to The Workers’ Compensation Law

New changes that came into effect March 2nd of 2106, slowly dissolve the legislative deal made in 1911 where workers gave up all rights to sue their employer’s for negligence in return for which the company paid for workplace injuries mindless of fault.

Current Changes Hinder Future Injury Claims:  

  • Employee Discharge or Suspension could result in lost benefits: In the past, an employee who has suffered a work injury and would return to work for an employer has always received the protection of the Workers’ Compensation Statute.

    Even if the employee was expired for a good cause during a post-injury healing, he was entitled to continued proceeds of Temporary Total Disability Benefits. The new statute now states (defined by the Unemployment Compensation Law,) if an employee is discharged or suspended for misconduct or substantial fault, the employee’s Temporary Total Disability benefits could be suspended.

  • Moving forward, organized bureaucratic hearings in both Unemployment Compensation and Workers’ Compensation Forum will occur. A decision is yet to be set as to one forum being confined to the other. In other words, a worker could be issued the double “whammy” of being denied benefits in both the workers’ compensation and unemployment compensation case.
  • The new law also states that an employee who violates an employer’s drug and alcohol policy at the time of injury would not qualify for any disability benefits under the Workers’ Compensation System.
  • Lastly, the revised statute allows Permanent Partial Disability involving cases of traumatic injuries; decisions as to whether benefits should be given are based off the permanency of the injuries and if the injuries were “caused by other factors,” other than work-related issues. However; the law fails to define the meaning of disability, or “other factors,” and the gray areas in between. The problems raised by the possible interpretations of these terms are scheduled to be affirmed in succeeding court hearings.

These new statutes explicitly create grounds for further disputes in the supposedly “no fault” compensation system—predicted to concentrate in more litigation and potentially raising the cost of workers’ compensation for all persons’ of interest.

If you need assistance filing for workers’ compensation benefits or have been denied work injury benefits, contact The Brown Firm today. We are experienced in the workers’ compensation laws and understand the statute of limitations when filing for work-related injuries.

Employees are entitled to benefits after suffering a work injury or illness. Call our Georgia Workers’ Compensation Lawyers in Athens, Atlanta, and Savannah today at 912-200-9755 or click below for a no risk-free consultation.

Want to learn more? Check out our post on Factors That Affect The Value of a Personal Injury Settlement. 

Ready to Talk to a Lawyer Who Has Your Back?

Our Recent Personal Injury Articles

Contact The Brown Firm

Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

This field is for validation purposes and should be left unchanged.

Frequently Asked Workers’ Compensation Questions

Best Georgia Workers’ Compensation Attorneys

A worker’s compensation claim can raise many questions that may be difficult to answer on your own.

Workers comp insurance is a program that requires all employers with one or more employees to provide workers comp benefits in case the workers suffer an injury or disease.

A work injury attorney’s job is to help you understand your legal rights and answer frequently asked worker’s compensation questions.

We’ll answer a few of those questions below.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

What Is Workers’ Compensation?

The term “workerscompensation” refers to a number of different insurance policies that protect businesses against certain costs associated with workplace accidents. These include medical expenses, lost wages, disability payments, death benefits, and legal fees. In some cases, the employer may even pay part of the worker‘s salary while the worker recovers.

In Georgia, the workerscompensation system is no-fault. No-fault claims provide full coverage for all work-related injuries without having to prove negligence. However, many workplaces may not have workerscompensation insurance coverage, or they try to deny their injured worker coverage because the employer claims that the injury wasn’t job-related, was due to drug or alcohol intoxication, the employee provided incorrect medical evidence, or the employer or insurance company takes too long to move the compensation claim process forward. 

It is in your best interest to hire a workerscompensation attorney since they deal specifically with workerscompensation settlements

Do I Need To See a Doctor After a Work Injury?

Yes, you should always seek medical care after an injury at work.

Medical examinations are essential immediately after an injury. An authorized physician can determine whether you need further treatment. If you don’t see a doctor immediately, you may not receive proper care or reach maximum medical improvement.

For example, if you’re hurt while working on machinery, you could get another on-the-job injury because you didn’t seek immediate medical attention, and your initial injury didn’t heal. If you wait too long to visit a doctor, you could miss out on treatments that might prevent future injuries.

Can You Get Workers’ Compensation for a Repetitive Strain Injury?

The law requires employers to provide workers’ comp benefits to employees who suffer repetitive strain injuries (RSI).

RSI includes carpal tunnel syndrome, tendinitis, tendon rupture, and other conditions caused by repeated use of hands, wrists, arms, shoulders, neck, back, legs, feet, or eyes. The law defines any work injury as “an event causing physical harm to the body which arises out of and in the course of employment.”

An employer must provide medical treatment and temporary disability benefits to injured employees.

injured-on-the-job

Does Worker’s Comp Cover All Disabilities?

Workers’ compensation covers all work-related illnesses and injuries. Workers’ compensation benefits do not cover disability resulting from mental illness or substance abuse.

You must check with your employer to see if they offer both short and long-term disability since some injuries are life-changing and can result in a long-term disability. However, most states do provide disability insurance coverage for those whose injuries prevent them from working.

What’s the First Thing I Should Do After a Work Injury?

The first thing an injured worker should do after an on-the-job accident is to contact their employer immediately. Your manager or boss is supposed to write up an injury report, but they are not required to by law. It is your responsibility as an employee to make sure that they make a formal report of the incident.

Your employer may offer workers’ compensation benefits to cover your medical bills, lost wages, and other costs. If your employer doesn’t provide these benefits through workers’ compensation, you may be able to file a claim against their insurance company. You must file a claim for compensation right away, so don’t hesitate.

It’s important to note that filing a claim does not mean you will receive payment; instead, it simply means that your employer must defend themselves against your claims. Once you’ve filed a claim, you’ll need to follow up with your doctor to ensure they’re treating your injury correctly. Once the doctor clears you, you can return to work.

How Do I File a Workers Compensation Claim?

You might be entitled to compensation benefits under state workers’ compensation laws if you were injured at work.

Employees who are injured while working must file claims directly with their employers. Employers usually provide insurance coverage for injuries sustained during employment.

Always check with your employer to determine whether they carry worker’s compensation insurance. Injured employees who do not have access to worker’s compensation insurance coverage may qualify for benefits through the federal government’s Office of Worker’s Compensation Programs (OWCP). OWCP provides disability payments, medical care, vocational rehabilitation, and additional compensation to eligible individuals.

How Long Do I Have To Report an Injury at Work in Georgia?

If you are injured while working for your employer, it is important to know how much time you have to notify your employer about your injury.

Generally, with a workers’ compensation policy, you have 30 days to report an injury to your employer. But it is best to report the injury as soon as it happens. However, some exceptions might apply to your situation. Contact your employer to find out what your workers’ compensation insurance policy states.

After filing an accident report, you should contact a worker’s compensation lawyer. Your lawyer will contact your employer’s insurance company if you have a case. Your employer may be required to provide workers’ compensation coverage, covering doctor bills, lost wages, and other costs associated with your injury.

The law requires employers to provide workers’ compensation coverage for employees who are hurt on the job. This includes those who are injured during training programs. As such, employers must pay benefits for certain types of injuries. For example, you may qualify for benefits under the Workers Compensation Act if you injure yourself while lifting heavy objects.

If you are unsure whether you qualify for benefits, you should talk to your supervisor or human resources department. They can help determine whether you meet the requirements for receiving workers’ compensation benefits.

You may also want to consider contacting a workers’ comp attorney to discuss your case. An experienced worker’s comp lawyer can advise you on your legal options.

Who Pays for Medical Expenses After a Work Injury?

If you work for an employer that provides health insurance coverage, they will usually cover medical expenses for your job-related injury. If you don’t, you may be responsible for paying your hospital bills out-of-pocket. If this is the case, you may want to hire a personal injury attorney.

Be sure to inform your doctor that you are being treated for a work-related injury.

When Do I Get Worker’s Comp Benefits?

Workers’ compensation benefits are paid when an employee sustains a work-related injury or illness.

You are entitled to weekly benefits if you cannot work for more than seven days. Weekly benefits include medical treatment, temporary disability payments, permanent disability payments, death benefits, burial expenses, and other miscellaneous costs associated with the injury.

The amount of these benefits will vary depending on the type of injury sustained and whether or not the worker was employed at the time of the accident.

Can You Be Fired While on Worker’s Comp in Georgia?

In Georgia, you may be eligible for workers’ compensation benefits if you’re hurt on the job. But that does not protect you from getting terminated. Here’s what you need to know about being fired during your recovery period.

If you’re injured on the job site, you might think your employer cannot fire you because you’re receiving workers’ compensation benefits. But it turns out that’s not always true. If you’re injured on the job, you can be terminated without cause. Georgia is an at will employment state, meaning your employer can fire you at any time, for any reason (almost any reason), without any notice. Reasons you cannot be fired include:

  • Retaliation for filing a complaint
  • Reporting sexual harassment
  • Discrimination based on age, race, gender, disability, pregnancy, religious beliefs, national origin, or sexual orientation
  • Attempting to organize or participate in a union
  • Filing for worker’s compensation benefits

This can be a complicated question because Georgia is an at will employment state. You must have hard evidence that you were fired because you filed for workers’ compensation.

If you have an employment contract for an extended period of time, you could sue your employer for breach of contract. But that doesn’t mean you will get your job back. 

Our best advice is that you should begin by consulting with an attorney for workers’ compensation. At The Brown Firm, we help people with complicated issues like this every day. Contact us for a free consultation.

Our Firm Can Help With Your Work Injury Claim

After being injured at work and receiving medical treatment, the first thing you need to do is find an experienced worker‘s compensation law firm.

The Brown Firm has a team of experienced lawyers specializing in Worker‘s Compensation cases.

We take the time to help you understand your legal rights and provide you with the necessary information to best handle your case.

We offer a free consultation with our Worker‘s Compensation Attorneys to see how we can provide you with the best assistance. Click on the link below to get started.

Ready to Talk to a Lawyer Who Has Your Back?

Our Recent Personal Injury Articles

Contact The Brown Firm

Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

This field is for validation purposes and should be left unchanged.

5 Common Work Related Injuries

Work Related Injuries can range from something minor that heals within a few days to something severe that never heals. Certain work environments can be more hazardous than others, but it is possible to obtain an injury no matter where you work. 

Did you know that work-related injuries are highest among healthcare workers?

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

The Most Common Work-Related Injuries we See in Our Georgia Offices:

Over-Extending

The most common work-related injury is overextension. This often occurs when a person is pushing, pulling, lifting, throwing, or carrying. Overextending may cause torn or sprained muscles, ligaments, and tendons. Over extension may also cause back related injuries such as disc herniations.

Slip and Fall

Slipping and falling on the job is another very common work injury. It is most prominent on job sites where liquids can be spilled, or there is debris. Slip and fall injuries usually result in bone fractures, head injuries, or torn ligaments.

Repetitive Motion

The most common issue that occurs from repetitive motion at work is carpal tunnel syndrome. However, repetitive motion with any body part such as the shoulders, neck, and arms may also cause significant pain.

Falling Objects

Objects that fall from a height frequently cause serious head, face, neck and foot injuries. Some examples include:

  • Ladders
  • Forklifts
  • Product Shelves
  • Pallets

Vehicle Accidents

Motor vehicle accidents such a trucking accidents are very common among work injuries. People are injured every day driving a company vehicle. These accidents usually occur on public roads, private driveways, or parking lots.

If you have experienced a work injury, you may be entitled to compensation for your injuries and damages.

If the accident you’re seeking information for involves a wrongful death claim, click here to learn how a wrongful death attorney can help.

The Brown Firm specializes in work-related injuries in Georgia. Our Personal Injury Attorneys have the experience and knowledge that is required to file a Workers Compensation Claim to obtain the money you deserve.

We offer a free consultation to see how we can best assist with your case and take a personal approach so you will feel that your case is receiving the right amount of time and attention.

Ready to Talk to a Lawyer Who Has Your Back?

Our Recent Personal Injury Articles

Contact The Brown Firm

Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

This field is for validation purposes and should be left unchanged.

Work-related Injuries Highest Among Healthcare Workers

WORK-RELATED INJURIES HIGHEST AMONG HEALTHCARE WORKERS

Hospitals and health care workers have some of the highest Work-Related Injury rates because of perilous hazards such as lifting and moving patients, needle sticks, slips, trips, and falls.

It doesn’t end there. The sudden potential for flustered and hostile patients and visitors while being surrounded by a chaotic environment around the clock, leads to all types of injuries.

Don’t forget the stresses that come with having so much responsibility. Medical professionals don’t have the luxury of making a mistake. Their mistakes can cost a life.

Health care providers have a constant ethical duty to “do no harm” to the patients, even putting themselves at risk to put their patients’ well-being before their own.

In the article below, we’ll examine why healthcare works have high rates of workplace injuries.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

WHAT ARE THE RESPONSIBILITIES OF HEALTHCARE PERSONNEL?

Healthcare is responsible, directly or indirectly, for contributing to the health services of individuals.

These services can occur in various work settings, including hospitals, clinics, dental offices, out-patient surgery centers, birthing centers, emergency medical care, home health care, and nursing homes.

According to the Bureau of Labor Statistics, workers in the healthcare and social assistance industry have some of the highest non-fatal injury numbers.

The healthcare industry ranks highest when it comes to work-related injuries and illnesses, with more than 653,000 nurses, aides, and orderlies injured in 2019. 

Even though health care workplaces are very dangerous, the Occupational Safety and Health Administration conducts very few inspections of health care facilities.

Orderlies, nurses, and nursing aides suffer more musculoskeletal injuries than workers in any other industry. For example, back injuries, a widespread type of occupational injury in the healthcare industry, are estimated to cost over $7 billion every year. 

WHAT KIND OF WORK INJURY DANGERS ARE IN HOSPITALS?

Healthcare workers face an assortment of serious safety and health hazards. They include:

  • Bloodborne pathogens, biological hazards, and exposures to contagious diseases
  • Drug exposures
  • Waste anesthetic gas exposure
  • Respiratory hazards
  • Ergonomic hazards from continuous tasks and lifting 
  • Laser and X-ray hazards
  • Workplace violence
  • Risks associated with laboratories
  • Radioactive material hazards
  • Chemical exposures

Possible chemical exposures include:

  • Formaldehyde- Used to preserve specimens for pathology. 
  • Ethylene Oxide- A gas sterilizer used by hospitals to sterilize heat-sensitive or moisture intolerant supplies and surgical equipment.
  • Glutaraldehyde- A cold sterilant that disinfects heat-sensitive equipment such as surgical instruments, suction bottles, dialysis instruments, bronchoscopes (lung instruments), endoscopes (digestive system instruments), otoscopes (ear instruments), ophthalmoscopes (eye instruments), and laryngoscopes (throat instruments).
  • Peracetic Acid- A rapid-acting disinfectant used for sterilizing medical instruments and disinfecting hemodialyzers (a device used to clean the blood). 

WHY ARE NURSES EXPECTED TO LIFT HEAVY WEIGHT?

It is reported nursing assistants and nurses experience the majority of work injuries.

The nature of the injury will vary, but the most common injuries inflicted on nurses result from patient violence and lifting or moving obese, elderly, unconscious, or immobile patients.

Most people don’t think of violence inside a hospital, but it’s quite common. Luckily, most nurses suffer a non-fatal occupational injury.

Often the patients’ intentions are not to project violence onto their caregiver. Usually, the patient has a mind-altering mental disease and is not even aware of their actions. Either way, it can be a dangerous situation for healthcare workers resulting in significant injury.

TYPES OF INJURIES SUSTAINED BY HEALTHCARE WORKERS

Some of the top causes of injury in the healthcare field include:

  • Overexertion– Healthcare workers are more than seven times likely to develop musculoskeletal disorders than with other occupations. Nursing aides, attendants, and orderlies have the highest risk of musculoskeletal disorders.
  • Patient handling activities – Things like manual lifting when patients are transferred from bed to gurney or repositioned are a source of injury.
  • Needle sticks – Healthcare workers routinely use needles and sharp medical instruments that cut or puncture the skin.
  • Violence – Health care workers are at high risk of being violently assaulted at work. Patients, their families, and their friends all present a risk of violence. Violent criminals may be placed in hospitals on criminal holds. Hospitals and clinics are also likely robbery targets because of the presence of pain drugs.
  • Slips and falls – When water or liquids are spilled on the floor of a nursing home or hospital, a healthcare worker can fall on the slick floor, leading to traumatic injuries.

ADDITIONAL FACTS ABOUT WORK-RELATED INJURIES

Hospital work is surprisingly dangerous, often resulting in severe injuries.

According to the Bureau of Labor Statistics, the likelihood of injury or illness resulting in missing a day’s work is higher in hospitals than in construction and manufacturing; two industries initially deemed the worst.

Injuries and illness come at a high cost. When an employee gets injured on the job, hospitals take a hit in many ways, including:

  • Temporary staffing, backfilling, and coworkers overtime when injured employees miss work
  • Turnover costs when an injured employee quits
  • Decreased productivity and morale when employees become physically and emotionally fatigued.

Workplace safety also affects patient care. Manual labor is very strenuous to caregivers and puts patients at risk for falls, fractures, bruises, and skin tears. Caregiver fatigue, injury, and stress directly correlate with medication errors and patient infections.

CONTACT THE BROWN FIRM

Our Georgia workers’ compensation injury attorneys are highly experienced in getting compensation for lost wages and any additional expenses that caused your family a financial bind.

Don’t wait. The longer the gap in time from your injury to when your claim was filed can hurt your case. If you were injured in a work-related injury, contact the Brown Firm to assist you with your claim.

Ready to Talk to a Lawyer Who Has Your Back?

Our Recent Personal Injury Articles

Contact The Brown Firm

Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

This field is for validation purposes and should be left unchanged.

Most Common Summer Work-Related Injuries

How to protect yourself from work-related injuries

Summer is coming, and that means more time outdoors. Work-related injuries increase as warm weather approaches us.

We are all counting down till the days of all-day pool parties and cook-outs in the evenings while a bonfire blares in the backyard. Naturally we are more enthusiastic about fun in the sun, but on the other spectrum of things comes work in the sun. Workers are often exposed to the potential hazards and risks of spending continuous hours in the outdoor elements.

Many workers will endure long hours outside trying to complete tasks that were unattainable during the winter months. Summer injuries on the job don’t come to mind, but they are in fact very common.

Here’s what to do if your workers’ compensation claim gets denied

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Top 5 summer work-related injuries:

Hyperthermia

When the body heats up fast and does not have the resources to cool down quickly enoughworkers can be at risk for sun or heat stroke. Also being exposed to extremes temperatures too long can quickly cause a heat-related illness. Be cautious! Even if workers are outside for short periods of time, you are still at risk for serious health problems.

According to statistics from the Centers for Disease Control and Prevention (CDC), there were 7,415 deaths due to heat-related illness in the United States from 1999 to 2010, or an average of approximately 618 death per year. 

Symptoms of heat-related illness:

  • Elevated Body Temperature
  • Headaches
  • Nausea
  • Weakness
  • Dizziness
  • Confusion
  • Muscle cramps
  • Fainting
  • Seizures
  • Most Extreme Cases Coma

Dehydration

Dehydration occurs when serious amounts of water are lost from the body, or not enough water is being consumed by the body.

The most recognized reason a worker will become dehydrated is excessive sweating. The body can lose significant amounts of water in the form of sweat when it tries to cool itself. A work-injury can be brought on quickly due to the body’s temperature trying to cool dramatically through the act of sweating.

Skin/Conditions Cancer

Doing physical labor in the sun for lengthen periods of time can lead to too much sun exposure on the skin. Work-related injuries can come in the form of severe burns and even more chronic forms, cancer.

Sunburn is a condition that occurs on the skin when ultraviolet light from the sun exceeds the body’s natural ability (melanin) to protect itself.

Symptoms of a sunburn include painful, reddened skin; however, sunburn may not appear immediately. By the time, you can see the effects of a burn the damage has already been done. An extreme trauma can result in swelling and blisters, and even worse cases people may develop a fever, chills, and weakness. In most extreme cases people can go into shock.

Machine/Vehicle Accidents

During the summer months, there is an increase in road construction sites that lead to an increase in work-related injuries. Various reasons for injuries and deaths are related to hit by passing motorist or receiving injuries from on-site work machinery.

Slips, Trips, and Falls

Work-related injuries due to slips and falls can happen at any given time; however, slips and fall cases seem to accumulate more during the summer months.

Falls, broken bones, and head injuries often occur in outdoor locations, including road construction sites and tree trimming projects. Stumbling over outdoor elements or construction site materials often end in serious work-related injuries as well.

These basic tips can help keep you out of the waiting room for the upcoming summer months. Stay hydrated, be mindful of exposure to the harsh sun, protect your skin, and be aware of your surroundings. It may seem like common sense, but work-related injuries remain on the rise.

If you were injured on the job, whether it was a minor incident or major accident our staff at the Brown Firm can assist you today. Contact our Georgia’s worker’s compensation attorneys today to discuss your legal options. We will make sure your rights are protected, and your claims are correctly filed.    

Ready to Talk to a Lawyer Who Has Your Back?

Our Recent Personal Injury Articles

Contact The Brown Firm

Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

This field is for validation purposes and should be left unchanged.

What to do if my Workers’ Compensation Claim Gets Denied?

Workers’ compensation cases in Georgia can be difficult to win. Many different variables go into determining “fault” in a work injury case. Many workers who suffer from legitimate injuries lose their workers’ compensation cases every day, especially if they do not have the support of an experienced lawyer.

We wrote a blog post that answers the question, “Should I hire a workers compensation attorney?

Most people know that they are covered under their employer’s insurance from their first day on the job, but that alone does not guarantee you compensation if injured. A few lawful reasons that your workers’ compensation may have been denied are:

  • If you do not notify your employer of your injury immediately
  • If the injury was caused by your own negligence because you did not follow safety procedures or were under the influence of drugs or alcohol
  • If you refused to return to work (even in a different position) as approved and suggested by the doctor

Even if everything about your work accident injury and claim are authentic, insurance companies will often still try to find a mistake in your case and any reason to deny your benefits. The insurance company’s job is to figure out a way to pay the least amount possible to an injured worker, and therefore, it is a lawyer’s job to help you receive the compensation you deserve.

Insurance companies have three weeks to determine if you qualify for workers’ compensation. During this three-week period the insurance companies are trying to breakdown and destroy your case. If you are like many unfortunate workers, they will find you to be ineligible for workers’ compensation benefits. When this happens, having an experienced lawyer to help you through the process will be vital to your case’s outcome. 

After your claim has been denied, an attorney will be able to file an appeal with Georgia’s Workers’ Compensation Board. Even with the help of a lawyer, this is a very lengthy process, and if it is ultimately successful, it can still take up to half a year to start receiving your benefits.

Having an attorney after your workers’ compensation benefits have been denied may be your only hope to ever receiving them. But, hiring a workers’ compensation attorney as soon as a work injury occurs can save you from stressful months of lost income and court appeals.

Our experienced workers’ compensation attorneys at The Brown Firm can help you prevent getting denied workers’ compensation from the start of your case. With our help you have a greater chance of:

  • winning your work injury case
  • receiving the medical care you deserve
  • getting your full work injury benefits immediately. 

If you or someone you know has been injured in a work place accident, do not try to win your case alone. Contact The Brown Firm today for a Free Consultation and to speak with on of our experienced attorneys!

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Ready to Talk to a Lawyer Who Has Your Back?

Our Recent Personal Injury Articles

Contact The Brown Firm

Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

This field is for validation purposes and should be left unchanged.

Should I Hire A Workers Compensation Attorney?

WHEN YOU NEED AN ATTORNEY FOR A WORKERS COMPENSATION CLAIM IN GEORGIA

Work related injuries may range from something very minor that heals in a few days, to major injuries that may never heal. Injured workers in Georgia face a complex process, including denial of claims, low settlement offers, and delayed payments. You will also need to act fast because there is a deadline to file a Workers Compensation Claim. 

If you have been injured at work and are wondering if you should hire a workers compensation attorney, the answer will depend on the severity of your injury and the complexity of your case. If your case is complex, you should immediately hire an attorney. Here are some examples of a complex workers compensation case: 

  • Your Injuries Require Surgery 
  • You Are Unable To Return To Work
  • Your Employer Denies Your Claim
  • You Fail To Receive Your Benefits
  • Your Medical Bills Are Denied
  • You Do Not Understand The Workers Comp Process 
  • Your Employer Disputes A Decision Made By The Workers Comp Division
  • Your Employer’s Settlement Offer Does Not Include All Of Your Medical Expenses And Lost Wages 

Regardless of the circumstances of your workers compensation claim, you are entitled to obtain an attorney. Your Personal Injury Attorney will file the necessary forms and meet all deadlines as well as develop medical evidence that documents the severity of your condition. Your attorney will also estimate the worth of your case and evaluate any settlement offers more accurately than you would be able to do yourself. 

Workers Compensation was designed to prove prompt and fair compensation for injured workers, but it now seems to work mostly to the benefit of the employers and insurers. Insurance companies have teams of highly trained attorneys on their side. Hiring an esteemed workers compensation attorney will help greatly with your case.

If you are in any doubt about your ability to deal with a workers comp case alone, do not hesitate to call The Brown Firm for a Free Consultation with one of our experienced Workers Compensation Attorneys in Georgia. 

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Ready to Talk to a Lawyer Who Has Your Back?

Our Recent Personal Injury Articles

Contact The Brown Firm

Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

This field is for validation purposes and should be left unchanged.

What If I Was Injured At Work in Georgia?

When To Hire An Experienced Workers Compensation Attorney

Work Injuries in Georgia may range from anything minor to a life changing injury. In either case, as an Injured Worker you face a very complex legal process. The insurance companies may deny your claims, offer a low settlement, or delayed payments. If you have been Injured at Work there is a deadline to file your Worker’s Compensation Claim and even then your claim may still be denied. 

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

How Can My Claim Be Denied? 

There are many reasons why your Workers Compensation claim may be denied. Many insurance companies deny legitimate claims which forces the injured employee to take legal action by hiring an attorney to enforce their rights. Here are some reasons your claim may be denied:  

  1. You failed to report your injury immediately
  2. There were no witnesses to your work accident
  3. You filed a claim after you were laid off or fired
  4. Your initial medical records indicate the presence of illegal drugs in your system
  5. There is a discrepancy between the accident report and your medical records 
  6. Your employers may also deny your claim or cover up your injury because they do not want their premiums to rise due to your Workers Compensation claim. 
  7. Insurance companies may be reluctant to offer the employee the benefits that they deserve  because they are wary of Workers Compensation fraud. This usually occurs when the employee makes an exaggerated or fake claim in order to receive a large payout. 
  8. Insurance companies may also deny a claim because it is not in their financial interest. 
blog_img1
blog_img2

If you have suffered a Work Injury you should:

  • Notify your employer immediately. 
  • Give a written description of your accident 
  • Get medical attention
  • Obtain all your medical records associated with the accident
  • Contact The Brown Firm 

The Brown Firm has a team of experienced Georgia Attorneys that can help ensure your legitimate Workers Compensation claim does not get denied by the insurance companies. 

Ready to Talk to a Lawyer Who Has Your Back?

Our Recent Personal Injury Articles

Contact The Brown Firm

Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

This field is for validation purposes and should be left unchanged.