Georgia Law Blog

The Atlanta Journal Constitution is reporting that a man fell down a 55 foot ventilation shaft on February 7, 2009 and died at the Seminole Road Landfill. The worker was reportedly a contract worker. This horrible work accident was the second time that week that an Atlanta worker was killed underground. James Hilbish of Tuscaloosa, AL, died in what appears to be a construction accident when a trench collapsed while he worked on a sewer project near Cartersville, GA.

These tragic workers’ compensation cases illustrates the interplay of workers’ compensation law and personal injury law. As I have written about extensively in the past, many times the families in the State of Georgia will seek to file a wrongful death lawsuit arising out of a horrible work accident. It is no secret that Georgia workers’ compensation laws limit the amount of recovery in cases where workers die at work or on the jobsite. The full value of the life of decedent goes beyond the limits set-forth in workers’ compensation. It takes expertise and experience to evaluate whether third party cases can be brought outside the Exclusive Remedy Provision of workers’ compensation.

If you, a loved one, or a friend has been hurt or killed in a workers’ compensation accident in Atlanta or throughout Georgia, we may be able to help. Please feel free to call us for a free and confidential consultation.

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

Posted In: Death Cases

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Today, Angel Chupin, a 66 year-old construction worker, was killed and 18 others were injured when a tragic construction accident occurred on a construction site at the Atlanta Botanical Gardens. The workers were completing construction on a dramatic walkway through the Gardens when it collapsed, sending workers falling to the ground. Some fell as far as 40 feet. The injured workers were taken to Grady Memorial Hospital with various injuries.

I wrote some time ago about the role of OSHA in workers' compensation cases. I expect that a thorough investigation by OSHA will take place after this tragic accident.

I have also written extensively about how, often, workers are barred from suing their employer and co-employees when their injuries fall-under Georgia's workers' compensation laws. However, there can be third parties who bear responsibility who can be sued in these instances. My observation is that this issue has been the hot topic of Georgia's appellate courts this year. There have been numerous decisions this year about the interplay between the Exclusive Remedy Provision, which limits workers' ability to file a civil suit, and tort law. My discussion of these cases can be found here

Our office handles construction accident cases throughout Georgia. If you or a loved one have been injured working at a construction site, please call us anytime for a free consultation about your rights.

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Posted In: Death Cases , Our Law Firm Serving Atlanta & All of Georgia

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As I have mentioned, my Douglasville law firm handles serious injury and workers’ compensation cases. Common on-the-job injuries are back injuries, neck injuries, shoulder injuries, and knee injuries that can be treated with proper medical care. However, an alarming number of workplace accidents result in fatalities. According to the Bureau of Labor Statistics, a total of 5,488 deaths in the workplace were reported in 2007. This statistic includes transportation incidents, injuries sustained by on-duty police officers, and falls, among other accidents. Ranking at the top of the list of occupations with the highest number of fatalities per year is construction jobs. I have blogged recently about the dangerous conditions to which a construction worker is exposed.

Death benefits are regulated under Georgia Workers' Compensation law. The injured worker can receive medical benefits for his or her final illness plus burial expenses up to $7,500.00 If a worker suffers a death while working that qualifies under the law and leaves a spouse with no dependents, the sole surviving spouse can obtain $150,000.00 in income benefits. If a worker dies in an on the job injury in Georgia, their dependents can collect workers' compensation benefits, without any cap on the total recover, until the time expires under the law. The time until which a beneficiary can still collect death benefits varies, so please consult with an attorney regarding your specific situation.

Family members of a worker who has been killed on the job often wonder what they should do from a legal standpoint. In fact, I have met with and represented clients who have found themselves in this devastating position. It is important to discuss the situation with an experienced workers’ compensation attorney.

If you or someone you know has lost a family member to a fatal work accident, please contact my office for a free consultation.

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

Posted In: Death Cases

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