Georgia Law Blog

With Hurricane Gustav quickly approaching Louisiana, the Louisiana National Guard has been mobilized. While watching interviews of these soldiers on television, I was reminded that these men and women have families and civilian jobs. What happens to them if they are injured while serving?

While I cannot speak for Louisiana National Guard members, Georgia law specifically addresses benefits available to those injured when called to serve. According to O.C.G.A. 34-9-1(2), "...For the purpose of workers' compensation coverage, members of the Georgia National Guard and the State Defense Force serving on state active duty pursuant to an order by the Governor are deemed and shall be considered to be employees of this state."

The amount of weekly benefits and computation of such benefits is governed by O.C.G.A. 34-9-260(6):
(6) The average weekly wage of a member of the Georgia National Guard or State Defense Force serving on state active duty pursuant to an order by the Governor shall be the greater of:
(A) Seven-thirtieths of the monthly pay and allowances of the individual at the time of the injury, computed in accordance with Code Section 38-2-250, adjusted from time to time for appropriated increases in such monthly pay and allowances, excluding longevity increases; or
(B) If the injured member of the Georgia National Guard or the State Defense Force worked at the time of the injury in any employment other than serving as a member of the Georgia National Guard or the State Defense Force, the average weekly wage of the individual in such other employment as determined pursuant to paragraphs (1) through (5) of this Code section or, if such individual worked at the time of the injury for more than one employer, the average combined weekly wage of the individual in such multiple employment as determined pursuant to paragraphs (1) through (5) of this Code section.

If you or a friend in Atlanta or throughout Georgia has suffered a work injury, our law firm can help. Please contact us for a free consultation anytime.

Posted by Jack E. Clay | Permalink | Email This Post

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I would like to preface this article by saying that I enjoy courtroom work and handling jury trials. However, as an experienced trial lawyer in the Douglas County. GA, I approach each car and truck accident case with an eye toward an acceptable settlement for my clients, if possible. While settlement is not right in every case, the risks of a jury trial can be great. The decision to settle or go to trial should carefully made and can only be made in a case-by-case basis with the guidance of an experienced attorney.

The New York Times recently published an article declaring that, for accident victims, it may be a wise decision to settle a case rather than take it to the courtroom. According to a study that will be published in the September issue of the Journal of Empirical Legal Studies, plaintiffs were wrong in 61% of cases, meaning that they ended up with less money following a trial than if they were to have settled beforehand. Comparatively, only 24% of defendants were wrong to go to trial. On average, getting it wrong costs plaintiffs $43,000.00. “The lesson for plaintiffs is, in the vast majority of cases, they are perceiving the defendant’s offer to be half a loaf when in fact it is an entire loaf or more,” said Randall L. Kiser, a co-author of the study and principal analyst at DecisionSet, a consulting firm that advises clients on litigation decisions. According to this same study, the majority of cases do settle.

My Atlanta area law firm offers free consultations to those who have a work injury or who have been injured in an automobile accident or truck accident.

Posted by Jack E. Clay | Permalink | Email This Post

Posted In: Car Accidents

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Every year, approximately six million auto accidents occur on the road. This is a shocking statistic, especially for residents of Atlanta, Georgia who drive amongst the worst commuter traffic in America, according to a recent study by Forbes.com. A common cause for car accidents in Atlanta, Georgia and its surrounding counties such as Douglas County, Fulton County, and Paulding County is the heightened danger caused by poor weather conditions. On August 27, 2008, for example, The Atlanta Journal Constitution reported two serious accidents in Dekalb County on I-85 Northbound, one involving a tractor trailer truck. Heavy rains played a factor in this collision that caused three lanes to be blocked off. The Georgia Department of Transportation worked diligently to see that the blockage was cleared for drivers commuting in and out of Atlanta. In the future, drivers can remember the following tips to help to avoid a car accident when driving in bad weather:

1. Prepare for any potential weather delays by leaving early for work or an appointment. If possible, learn alternative routes to your destination in case you run across closed roads due to the weather.
2. Be aware of the current forecast to adequately prepare yourself and your vehicle for the upcoming road conditions.
3. Be sure that your vehicle is checked by a trusted auto mechanic regularly to avoid malfunctions or other safety risks while driving in dangerous weather.
4. As always, wear your seatbelt to avoid more serious injuries if you are involved in a motor vehicle accident.
5. If visibility is difficult due to heavy rains, find a safe location to pull over until the conditions become more favorable for driving.

As a Douglasville car accident attorney who handles injury cases most commonly resulting from auto accidents and truck accidents, I can say that bad weather can contribute to collisions. If you or a loved one has been injured in an automobile accident, please do not hesitate to call my office for a free consultation.

Posted by Jack E. Clay | Permalink | Email This Post

Posted In: Car Accidents

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On August 25, 2008, I was an invited speaker at the State Board of Workers' Compensation's Annual Educational Seminar. The seminar was held at the Renaissance Waverly Hotel which is located in the Cumberland Mall area, bordering Cobb County and Fulton County The seminar was well attended as the pictures indicate. Information about the seminar can be found by clicking here

The topic of my discussion was statutory employment in the contractor setting. As I have written about before, if you work for a subcontractor and are injured, you can file a workers' compensation claim against the subcontractor, intermediate contractor, and general contractor. Moreover, if a policy of insurance has been purchased under which you are an insured employee, you are likely covered if a work accident occurs. The workers' comp. system seems many construction industry injuries as workers who perform physical work under dangerous conditions are often injured.

If you, a friend, or loved on is injured in a construction accident, please do not hesitate to call our law firm for a free consultation.

Posted by Jack E. Clay | Permalink | Email This Post

Posted In: Workers' Compensation Information

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Many of my clients in Douglasville ask me where the courthouse is for workers' compensation cases. I warn them that it is not so simple of an answer. Many just assume that because my office is located directly across the street from the Douglas County Courthouse that the State Board of Workers' Compensation hears cases at our courthouse. The answer may be surprising.

Georgia law dictates that the county in which a worker suffers an on the job injury determines what location the case will be heard. For example, if a workers' comp. client is injured in Douglas County, GA, their case will be heard at the State Board of Workers' Compensation in Atlanta. If this is the case, any judge that works in Atlanta may be assigned to hear the case in a hearing. However, if a client suffers a work injury in Paulding County, the case will be heard in Rome, GA and will be assigned to the only Administrative Law Judge covering that area of the State of Georgia. On the other hand, if somebody suffers a Carroll County workers' compensation injury, their case will be heard at the Carroll County Courthouse by the Administrative Law Judge who handles cases in Carroll County, GA.

The general rule of thumb is that the further an injured worker is away from Atlanta when he or she gets injured, the more likely extensive travel will be necessary to get to the courthouse in which the workers' comp. case will be heard.

For those lawyers out there who read my articles, the legal authority for where a hearing is held is O.C.G.A. 34-9-102((b) which states, in pertinent part, that, "...the hearing shall be held in the county where the injury or death occurred or in any contiguous county or in any count within 50 miles of the court o fthe injury or death..."

Posted by Jack E. Clay | Permalink | Email This Post

Posted In: Douglasville & Douglas County Local Info.

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The economy in the Atlanta area and the whole country has worsened. If you or a loved one has been hurt at work or been involved in a bad auto accident, the downturn in the economy may affect you even more. As we have all realized, many things are affected by changes in the economy. In talking with my clients, one of the greatest problems they face after being injured is financial trouble. This comes usually from being out of work or not receiving workers' compensation weekly benefits. The concerns that clients have relating to their cases often stem from financial problems that arise following an on-the-job injury or auto accident when clients are out of work and medical bills are growing. This is a concern that our law firm recognizes in our quest to provide continued professional and diligent representation.

According to a recent report by the Atlanta Regional Commission (ARC), Douglas County’s population is growing at a much slower pace currently than in previous years; specifically, Douglas County’s population growth is down 55 percent from its average over the course of the past decade. Public officials are blaming this decline on the recession and the housing market crash. “The figures we are seeing now are much different from recent years when Douglas was among the fastest growing counties and Douglasville among the fastest growing cities.” stated Bill Osborne, Douglasville city manager, in an interview with the Douglas County Sentinel. There has been a noticeable change in the student population of the Douglas County School System as well. Counties such as Gwinnett, Fayette, and Henry are also experiencing slower population growth during the last three decades. Contrastingly, Dekalb County and Cobb County recently posted their largest single population increase this decade.

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While the point of my Blog is not to discuss politics, my Douglasville law firm has been involved helping candidates in several local races throughout Douglas County. Law and politics are inextricably linked. I am involved to try to help make a difference in which I live and work. In the July 15th election, the turn-out was very low. There was a run-off election on August 5th in which turn-out was even lower. In fact, the only local race on the August 5th ballot was for the Douglas County Board of Education. About 1,000 people voted in this election.

Whether you live in Douglasveille, Lithia Springs, Paulding County, Carrollton, GA, or New York, NY, the decision made by politicians all levels affect our lives. Please remember to vote on November 4th, 2008. This may, perhaps, be the most significant election of our lives.

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Posted In: Douglasville & Douglas County Local Info.

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Often, clients ask me about the relevance of OSHA to their workers' compensation case. I must admit that I rarely, if ever, hear other Georgia workers' compensation attorneys discuss OSHA. A client recently talked about filing an OSHA complaint against his employer after being injured. I was surprised to learn that OSHA's Southeast Region headquarters is located here in Atlanta, GA. OSHA's website can be found here: http://www.osha.gov/

What is OSHA? OSHA is a federal agency charged with reducing job injuries, work illnesses, and on the job deaths. It was formed in 1970 by President Richard Nixon and is part of the United States Department of Labor. OSHA conducts routine safety inspections as well as investigations when a worker / employee suffers a catastrophic injury or death.

The relevance of OSHA to Georgia's workers' compensation laws is minimal, at best. However, the results of an OSHA investigation could become relevant in a controverted case if an employer disputes an injured workers' claim for benefits. Workers' compensation law in Georgia does not contain any additional penalties against employers based on OSHA investigations. Likewise, there are no additional benefits for employees based on OSHA violations. However, OSHA investigations and violations could become highly relevant in personal injury cases brought by an injured employee after suffering a job injury. When a worker is injured because of faulty machinery, a factory accident, or a construction accident, the results of an OSHA investigation may become a rich source of evidence.

Posted by Jack E. Clay | Permalink | Email This Post

Posted In: Safety News For Georgians

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