October 29, 2009

Death Benefits Under Georgia Workers' Compensation: When The Unthinkable Happens

Death is a subject that most people do not want to discuss. Sometimes they don't have a choice. Every so often, I am reminded of the gravity involved when a family member dies in an on-the-job accident. I was reminded again recently as I sat in my office discussing the death of a loved one with a new client. Taking as much time as necessary to sit with potential clients during the first meeting in a serious injury or death case to get to know the person and their family is not only comforting but necessary.

Georgia's workers' compensation laws are fairly straight-forward except when it comes to income benefits. First, the workers' compensation insurer must pay for the final burial expenses, up to $7,500.00. Second, the insurance company must pay for the worker's final medical expenses. Third, certain primary and secondary beneficiaries can collect income benefits for varying periods of time. Without boring you with the legal details, the law speaks in terms of beneficiaries, not familial relationships. Many cases have been decided involving an award of income benefits to step-children, adopted children, parents, disabled adult children, and college students. It is best to speak with an attorney about these concerns. Likewise, the length of time one can collect benefits varies.

There is a cap on benefits in some cases. A surviving spouse with no dependents at the time of death can only collect up to $150,000.00. If there are no surviving beneficiaries or a spouse, the insurer must pay $10,000 to the State Board of Workers’ Compensation to be placed into a general fund of the State of Georgia. The "trick" to these cases, often, is who is a beneficiary and who is not a beneficiary. This determination can only be made after careful review of facts of the case.

One of the most frequent questions I am asked is what else can we do outside workers' compensation. As I have written previously, personal injury lawsuits against an injured or dead worker's employer or statutory employer are, at best, very difficult. Most of the time, they are impossible. So, the search goes on in cases for viable third parties to sue which can be difficult to find in many cases. In other cases, there viable third parties that can be sued. The point again is to contact an attorney as every case is different.

Our office is here to answer any questions you might have about death benefits or other workers' compensation questions in a compassionate and respectful manner. Call us for a free consultation.

October 28, 2009

New Letter of Interpretation Released by OSHA Requires Workers to Wear Safety Apparel

As a workers' compensation attorney in Georgia, I have handled numerous on-the-job injury cases in which a construction worker has been involved in some sort of disabling accident while out in the field, whether it be on a job site or as a road worker. I try to stay updated on changes in the law and revisions to previous standards in work comp so that I can apply this knowledge to cases and better serve the Atlanta area.

Recently, the Occupational Safety and Health Administration (OSHA) that is responsible for developing the safe working conditions for workers by enforcing standards, procedures, training, and education to employers, issued a new letter stating that all highway and road construction workers must wear high-visibility apparel, such as reflective vests, while on the job. In 2004, OSHA initially issued a letter of interpretation that conveyed workers were only required to wear such garments when the Federal Highway Administration's Manual on Uniform Traffic Control Devices mandated their use. The current letter revises the requirement following a sobering statistic calculated in recent years: there were 425 construction zone fatalities between 2003 and 2007.

My Douglasville injury law firm offers free consultations. If you or a loved one have been hurt at work or in a serious accident, please contact us. We are located across the street from the Douglas County Courthouse and serve all of the West Georgia area, including Douglasville, Carrollton, Hiram, Dallas, Winston, Paulding County, Carroll County, Bremen, Temple, and Villa Rica.

October 27, 2009

Visit Our FaceBook Page!

The Law Office of Jack Clay now has a FaceBook page which can be seen by clicking below:

Click HERE to see our law firm FaceBook page.

October 26, 2009

Our Douglasville Injury Law Firm Gets Into the Fall Spirit This Week

I have mentioned this week about the upcoming chili cook off in downtown Douglasville, Georgia as well as blogged about safety precautions for the upcoming Halloween weekend. I wanted to take a moment to show some pictures of our law office lobby decorated in celebration. We plan to use these same decorations for our cook off booth.

rsz_fall_lobby_pics_001.jpg

rsz_1rsz_fall_lobby_pics_002.jpg

In continuation from my earlier post about traffic safety due to road closures, I read an interesting article about precautions to take as a pedestrian. The following is a list of suggestions to consider when out on the roadways this weekend:

1. Be sure to carry a flashlight or other reflective device if walking on Halloween after dark. Make sure your children's costumes incorporate this idea as well.
2. Make sure you and your children wear sturdy, supportive shoes to avoid slip and falls.
3. Follow all road signs and safety procedures, such as looking both ways before crossing busy streets.
4. It is a good idea to walk in a single-file line down the roads, rather than in a large clump. This will ensure the safety of your group.
5. Be careful of masks that may obscure your vision.
6. Always be a defensive pedestrian - be aware of others around you at all times.

I hope that all West Georgia residents enjoy this holiday and remember these safety measures to avoid an untimely accident. My office, located across the street from the Douglas County Courthouse, is available to take your call for a free consultation in the event that you or someone you know have been injured.

October 26, 2009

Douglas, Paulding, and Carroll County Residents: Plan Your Halloween Routes In Advance To Avoid Damage Caused by Recent Flooding

It is that time of year again when everyone is preparing for Halloween festivities. This year, however, may prove to be a bit more challenging due to the recent flooding and the roads that remain closed or otherwise damaged in Douglasville, Hiram, Carrollton, and other surrounding cities. This combined with the increase in roadway construction in recent months should alert anyone preparing for late nights to the dangers that may occur.

An updated list of the roads that have remained closed in Douglas County, Georgia can be found on the Celebrate Douglas County website. Residents should be working to prepare alternate routes if you know that your usual way is blocked or unsafe to use. Statistically, the possibilities of speeding, reckless driving, improper driving procedures, and other dangers increase when the roads have been affected. Those who plan to travel this upcoming weekend or who plan to walk main roads to and from neighborhoods, for example, should be cautious and courteous of each other to avoid accidents or injuries.

If you or someone you know have been hurt in an automobile accident, hit-and-run accident, truck wreck, or have been otherwise injured, contact my personal injury and workers' compensation law firm for a free consultation.

October 22, 2009

Annual Downtown Douglasville, Georgia Chili Cook-Off Moved to a New Date

This year, my office has decided to participate in the annual chili cook-off held in O'Neal Plaza in downtown Douglasville. The event is hosted by the Cultural Arts Council.

The date for the cook-off has been moved due to unexpected weather changes. The cook-off will now be from 6:00 pm to 9:00 pm on Friday, October 30, 2009. We hope to see many Douglas County residents that evening!

We will have marketing materials available at our booth. As you know, my office handles personal injury and workers' compensation cases in the West Georgia area. If you or someone you know has been injured in a wreck or hurt on the job, call my office, located directly across the street from the Douglas County Courthouse, for a free consultation.

October 20, 2009

The Top Ten Most Common Workplace Injuries

I have blogged before about the most dangerous jobs and what to do if you are hurt on the job. Workplace accidents happen every day and sometimes in the most unexpected of ways. In fact, researchers have developed a Workplace Safety Index that lists the most common ways an on the job injury can occur. These most disabling injuries are based upon workers' compensation claims that have been filed, the costs associated with them, and the frequency of certain types of injuries as reported to the United States Department of Labor. Several insurance providers contributed to the data.

In 2008, the top ten most common workplace injuries were a result of the following circumstances:

1. Overexertion - Sometimes an employee may not realize the amount of work they are putting into a task and could inadvertently injure themselves in the process. Examples of overexertion include pushing, pulling, carrying or holding heavy objects, and even tossing an object that may result in an accident.

2. Fall on Same Level - While it may be unclear, this type of injury happens when an employee slips or trips if there is some sort of obstacle in the employee's way, for example.

3. Fall to Lower Level - This particular cause is more self-explanatory. An injury in this circumstance may occur if an employee has fallen from a higher area, for example, a ladder or even a roof.

4. Bodily Reaction - This type of injury happens when a worker has tripped, slipped, or fallen when there is not an object or obstacle in their path.

5. Struck by an Object - These types of injuries can be very serious. I have handled many cases in the past where someone has been hit by a falling object without any warning.

6. Struck Against Object - While also potentially unclear, this type of accident happens if an employee has accidentally run into an object in their way, perhaps a table, piece of equipment, or other item found at the workplace.

7. Highway Incident - My law office handles numerous cases where an employee has been injured on the roadways while operating a company vehicle. This presents the possibility in having both a workers' compensation claim and a personal injury case.

8. Caught In/Compressed By - Some of the most disabling accidents result from the improper use of workplace equipment due to a lack of thorough training. Also, if an employee is exposed to harsh chemicals or unsafe conditions at work, a very serious accident can occur, resulting in life-changing injuries.

9. Repetitive Motion - Many jobs require an employee to consistently repeat the same actions. For example, typing at a desk or repetitive heavy lifting. While it may not be immediately apparent, these types of daily actions can have long-term effects.

10. Assaults and Violent Acts - While more infrequent, this type of workplace injury is also possible.

While there are numerous ways that both employers and employees can prevent an on the job injury, these types of accidents are still very common. It is important to remain educated while at work so that if you are hurt on the job, you are prepared to handle the situation to the best of your ability; however, if you or someone you know have been hurt while at work, contact my Douglas County, Georgia law office for a free consultation.

October 20, 2009

Workers' Compensation CLE Seminar

Last week, I attended a workers' compensation seminar in St. Simon's Island, Georgia. The seminar, sponsored by ICLE and Workers' Compensation Law State Bar of Georgia, was attended by many work comp attorneys and hosted several activities over the three day event. Guest speakers included several judges from the State Board of Workers' Compensation in Atlanta, Georgia including Chief Judge William S. Cain, Jr., Honorable Carolyn C. Hall, and Honorable David K. Imahara, among others. Some of the topics discussed were case law updates, the basics of taking depositions, recent decisions of the appellate division, and discussions regarding catastrophic designations in workers' comp cases.

If you or someone you know has been injured at work, contact my Douglasville, Georgia law office for a free consultation.

October 19, 2009

West Metro Trial Lawyers’ Association Hosts Booth at the Paulding County Public Safety Appreciation & Family Festival

As some of you may recall, I was recently named Chairman of the West Metro Trial Lawyers Association, the local Georgia Trial Lawyers Association group covering Douglas & Paulding Counties. On Saturday, October 10 we hosted a booth at the first annual Public Safety Appreciation Day in Paulding County, Georgia. The event included booths set-up by local community organizations and allowed West Georgia residents to meet local leaders in Public Safety. The GTLA raffled off 25 bicycle helmets to children. The event was a great success and we hope to be a part of it in the coming years. Below, you will find pictures that I took throughout the day.


2.jpg

4.jpg

photo.jpg