Georgia Law Blog

The National Highway Transportation Safety Administration released motor vehicle crash statistics today that show a significant drop in deaths resulting from auto accidents. The report can be found by clicking HERE. The NHTSA estimated that 33,963 people died in car and truck wrecks in 2009 which is down 8.9% from 2008 when 37,261 people died on the roadways. Even more promising is the drop in fatalities between 2005 and 2009 of 22%.

The release of these statistics was significant enough to make the national news on the major networks. Vehicles keep getting safer and safer as years pass. We are encouraged by these statistics. Some people are surprised when we tell them that the overwhelming majority of our serious injury cases involve auto accidents. The reason is simply that injuries from accidents are very common compared to other causes of injury and death. Unfortunately, by the time people come to us, an accident has already happened. We encourage everybody to buckle up and drive safely.

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Posted In: Car Accidents

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This past week, my law office settled a case at trial in which our client had very significant medical bills. Medical bills and what to do with them present an interesting topic of discussion.

When somebody is injured in a car, truck or motorcycle accident, they often incur medical bills from various medical providers. I am often asked by clients, as I was today during a consultation, will I be repaid for my co-payments from my health insurance that I had to spend which my health insurance company did not cover? What if I don't have medical insurance to cover these bills? The answer to this is simply that cases are evaluated in Georgia based on the gross or total amount of your medical bills without regard to what might be outstanding after insurance purposes. Thus, it is important for clients to keep all their medical bills and provide them to the insurance company or their attorney when attempting to settle the case or go to trial.

I am also often asked whether or not a client’s medical bills will be paid completely at the conclusion of the case. While I would rather under promise and over deliver, I try to give my clients fairly good idea about likelihood that medical bills will be covered when they come to me and try to answer their questions to the best of my ability. However, it is important that people understand there is no guarantees that can be made by an attorney as to any potential recovery in a personal injury case. Ultimately, a judge or jury can accept or reject the medical bills that somebody believes are related to a car accident or other personal injury.

Medical providers include medical doctors, physical therapists, hospitals, clinics, specialists, chiropractors, and other forms of therapeutic providers. In Georgia, the law says that the gross amount of medical bills are to be submitted in court to a jury or judge at the trial of a case. What this means is that insurance is not relevant under a legal theory called the Collateral Source Rule. When medical bills are presented at the trial of a case, they should be properly redacted to eliminate any reference to insurance so the judge or jury does not see such references.

If you, a friend, or a family member have been injured and have questions about your medical bills or lost wages, please contact Attorney Jack Clay for a free consultation any time. Our office is conveniently located across the street from the Douglas County Courthouse and weekend and evening appointments are available.

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Posted In: Car Accidents

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Please remember to watch your speed in Douglas County. For the next three months, dedicated law enforcement officers will be ticketing and arresting high-risk drivers throughout Douglas County. These officers, working as part of the Georgia Governor’s Office of Highway Safety Rolling Thunder Taskforce, form a specialized traffic enforcement unit designed to help communities combat their abnormally high occurrences of traffic crashes, injuries and fatalities on local highways.

We can show you countless photographs of horrific car and truck wrecks, severe injuries, and devastation from our case files. Or, perhaps, we can send you a friendly reminder such as this to be careful, watch your speed, and do not drive recklessly. Thank you from the Law Office of Jack Clay.

http://www.gahighwaysafety.org/main.html

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Posted In: Safety News For Georgians

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On February 23, 2010, Jack Clay introduced former Congressman Bob Barr at the West Metro Trial Lawyers Association luncheon in Douglasville, Georgia. Mr. Barr spoke about political issues in Georgia and in Washington, D.C. The meeting was well attended by local attorneys and judges. Some of the photographs pictured below were taken at the luncheon.

Bob Barr was the 2008 Libertarian Party candidate for President of the United States. He served in the United States Congress representing the Seventh District of Georgia for many years. He was also appointed United States Attorney to the Northern District of Georgia in the 1980s by then President Ronald Reagan. After having lunch with Mr. Clay and others, Bob Barr spoke about his concerns about the current economic and political climate. We thank Congressman Bob Barr for taking time out of his very busy schedule to come to speak to the legal community of Douglas County.

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Posted In: Douglasville & Douglas County Local Info.

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About Jason Bice

Jason is a native of Ragland, Alabama. He served in the United States Marine Corps and graduated from Jacksonville State University. Before attending law school, Jason worked as a District Executive for the Boy Scouts of America and worked as a Pharmaceutical and Marketing Representative. Jason graduated from the Thomas Goode Jones School of Law at Faulkner University in Montgomery, Alabama. During law school, Jason won the CALI Award for Wills and Trusts and became a founding member of the school’s chapter of the Phi Alpha Delta Law Fraternity. Upon completion of law school, he received the school’s specialized certificate in Alternative Dispute Resolution.

Jason has legal experience with the Troup County Public Defender’s Office and District Attorney’s Office for the Tallapoosa Judicial Circuit. Jason and his wife Crystal live in Temple, Georgia. He is a member of the Georgia State Bar Association and is licensed to practice in all courts throughout Georgia.

Please join us in welcoming Jason to our law firm.

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

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Snow is in the forecast for today. Many school kids become ecstatic with the thoughts of a snow day with no school. Many parents also feel elation of a no work day because of the weather. Many people in the area enjoy a change of the dreary scenery this time of year. But for most of us, it just means a more hazardous commute.

I went to lunch and noticed the flurries beginning to fall today. It made me think to take extra caution as the roads may soon become icy and slick. I called my wife to remind her to be careful and remind her to buckle up.

Then a thought hit me, “Why are we so much more thoughtful of the possibility of accidents on longer trips?” Most of us remember to buckle up when we get onto the interstate or are taking a long trip, but may sometimes forget on those short trips to the store. It seems like we prepare more for the possibility of an accident if we are traveling a long distance. However, the facts show that most accidents do not occur on long distance trips, but instead happen on our everyday commutes and short trips around our homes.

Progressive Insurance polled 11,000 of its policyholders who experienced accidents in 2001. They found that 52% were involved in accidents within five miles from there home and 69% were involved in accidents within ten miles from their home. Only 17% of those polled experienced accidents beyond twenty miles from his or her home (Strillacci, 2002).

Because we are much more likely to be involved in an accident close to our home than we are on extended trips, we need to take the same precautions each time we get into our vehicles. Many law firms handle cases for personally injuries that arise from car accidents.
Truth be told, if there were fewer of those cases because people realized the need for safety is as high on a quick trip to the store as it is on a trip across the state, we couldn’t be happier.

Buckle up. Pay attention. Be safe, and drive careful.

By K. Jason Bice, Attorney at Law, Law Office of Jack Clay, LLC

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Posted In: Car Accidents

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On Friday, January 29, 2010, Douglasville attorney Jack Clay spoke and introduced Justice David Nahmias to a crowd of fellow lawyers and local judges. Jack Clay was named as the first Chairman of the West Metro Trial Lawyers Association (WMTLA) in June of 2009. Thus far, this group of local lawyers dedicated to preserving the civil justice system for Georgians has hosted an evening party attended by local judges and elected officials. The WMTLA also hosted lunch featuring David Poythress, candidate for Georgia Governor, as a guest speaker. In the fall of 2009, the group hosted a bicycle helmet give-away booth at the Paulding County Public Service Appreciation Day.

We are grateful that Justice Nahmias came to speak to our group about his perspective as a recent appointee to the Georgia Supreme Court. Justice Nahmias graduated from Harvard Law School at the top of his class and served as an editor of the Harvard Law Review with President Barack Obama. After law school, he served as judicial clerk for Justice Scalia of the United Supreme Court. He has held many roles in the federal justice system working in the fight against terrorism. Prior to being appointed Justice of the Georgia Supreme Court by Governor Sonny Perdue, he served as the United States Attorney for the Northern District of Georgia.

Justice Nahmias is a cordial, engaging, and a articulate speaker. He is also running for election this year. We are grateful that he chose to come and speak to our group.

- Jack Clay is a Douglasville lawyer specializing in personal injury, wrongful death, and workers' compensation cases. Located conveniently located across the street from the Douglas County Courthouse, our law office handles cases for seriously injured clients throughout Georgia. We welcome referrals from fellow attorneys, clients, and the medical community.

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Posted In: Community Service , Douglasville & Douglas County Local Info. , Our Law Firm Serving Atlanta & All of Georgia

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Yesterday on Holcomb Bridge Road in Atlanta, Georgia, a man was killed in a head-on collision after his car crossed the center line and struck another vehicle. A mother and four small children in the other vehicle were also injured and a third car was struck by debris from the initial wreck. While the owner of the vehicle struck by debris in the road was not hurt in the accident, it does bring up an interesting statistic.

A study conducted by the AAA Foundation for Traffic Safety revealed in 2004 that 25,000 accidents and nearly 100 deaths each year are caused by vehicle-related road debris. In the case above, the debris was likely pieces of the cars that wrecked. Sometimes, however, debris can be caused by objects falling off of vehicles and striking others on the road, as was the case for a 24-year-old woman in New York in 2004. She was driving late one night and a piece of furniture fell from the truck in front of her, crashed onto her windshield, and "shot like a missile" into her car. She was badly injured and required facial reconstruction and brain surgery, followed by occupational therapy and physical therapy. Sadly, she is now permanently blind and has lost her sense of taste and smell.

The dangers of improperly secured loads in a car or truck can be severe. However, there are ways to prevent such an accident just by being careful. Operators of those vehicles must learn how to properly secure their loads and to drive slowly. Other drivers should choose to "hang back" and help to avoid an unnecessary accident.

If you or someone you know has been hurt in a wreck that was caused by someone else, contact my Douglasville law firm for a free consultation. We specialize in personal injury cases and workers' compensation.

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Posted In: Car Accidents , Truck Accidents

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Every so often I will catch an article that discusses product liability disputes and product recall lists. While my Douglasville law firm primarily handles workers' compensation and personal injury cases, I find that this information can be helpful, as sometimes it may offer explanation for the causes of car accidents, truck wrecks, serious injuries or even wrongful deaths. There is an article from 11 Alive News that discusses three product recalls and, though these items do not directly relate to my practice area, I find it necessary to relay as a message to parents purchasing Christmas gifts for children.

The Consumer Product Safety Commission has issued three recalls recently for items that have been deemed dangerous for children. A Maclaren stroller is recalled because children’s fingers were being amputated due to a faulty hinge. Young Artist Easels were determined to have a high level of toxic lead paint on the coating of the chalkboard side of the easel. Finally, rotting wood on The Adventure Playsets Wooden Play Set is a potential cause for unexpected falls.

There are numerous websites available that list and update product recalls for concerned consumers. It may be necessary to remain aware of these lists as the holidays approach. Knowing what may be unsafe can prevent injuries and unnecessary medical expenses that may result. If you or someone you know have been hurt by no fault of your own, please contact my Douglas County law firm. We are conveniently located across the street from the Douglas County Courthouse and offer free consultations.

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Posted In: Medical Issues & Injuries , Safety News For Georgians

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If you are a Douglas County resident, perhaps you noticed an increase in law enforcement presence this week. It seems as though during a holiday week or weekend, local police are making sure to keep a close eye on drivers. Rest assured it is for everyone's safety. I wanted to take a moment to remind everyone of an important law in Georgia that also works towards keeping drivers safe.

Some of you may recall from years past Georgia's Move Over Law. It has been enforced by local law enforcement, such as the Douglas County Sheriff's Office, the Douglasville Police Department, and the Georgia State Patrol, since 2003. By 2008, most states in the nation had developed laws just like it. Basically, the law requires that drivers "move over" one lane if possible when approaching stopped emergency vehicles on the highway. For example, if an officer has pulled someone over, traffic in the closest lane must merge safely into the next available lane to avoid possible collision. This helps to ensure the safety of not only the occupants of the stopped emergency vehicle, but the driver and any passengers in passing vehicles. However, the law also understands that this lane change may not always be possible. In that scenario, traffic must slow down and be prepared to stop instead.

Some of you may wonder what types of emergency vehicles are involved in this law. The law includes emergency vehicles operated by police, paramedics, firefighters, tow trucks, and even highway maintenance workers. Further, if found in violation of the law, drivers can be fined as high as $500.

As I have blogged in the past, traffic accidents account for a large percentage of injuries and even deaths in Georgia. If you or someone you know have been hurt in an auto accident, truck wreck, highway collision or other untimely accident, contact my law office for a free consultation.

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Posted In: Car Accidents , Truck Accidents

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As an auto accident attorney in Douglasville, it is hard not to think about car wrecks and truck accidents on a rainy day such as today. Many of the cases that my office handles involve car accidents that occurred due to poor weather conditions and other factors. I found a list this morning produced by the National Highway Traffic Safety Administration (NHTSA) that shows the top six most common causes of auto wrecks, including weather.

1. Distracted Drivers
2. Driver Fatigue
3. Drunk Driving
4. Speeding
5. Aggressive Driving
6. Weather

Any of these conditions can cause an accident. It is important to stay alert and aware of one's surroundings while driving, but if you or someone you know has been involved in an unexpected accident in which you were injured, contact my Douglas County law office for a free consultation.

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Posted In: Car Accidents

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Recently, the National Highway Traffic Safety Administration issued a rule for large truck drivers. The rule establishes new standards for braking distances and improves the stopping distance for truck drivers by 30 percent. This is good news for frequent highway drivers who may feel hesitant near 18-wheeler truck drivers.

The old standard stopping distance for large trucks was 355 feet, meaning that truck drivers had that much distance to stop during regular traffic. The new rule revises the distance and decreases it to 250 feet, causing drivers to be more aware of the surrounding congestion and to be mindful of smaller cars on the roadway. According to the press release issued by the NHTSA, this new rule estimates that over 200 lives will be saved annually and numerous serious injuries will also be prevented. Not only will injury crashes reduce, but property damage costs will also decrease following the new rules. The new rule applies only to larger trucks, not single-unit trucks, trailers and buses and will be phased in over the next few years.

As a Douglasville, Georgia injury attorney, I have handled numerous car accidents over the years that involved 18-wheelers. If you or someone you know has been hurt in a car wreck involving a large truck, please call my office for a free consultation. We are located directly across the street from the Douglas County Courthouse on Hospital Drive.

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Posted In: Car Accidents , Truck Accidents

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Last Friday night, despite the rainy and chilly weather, my office set-up our booth at the annual downtown Douglasville, Georgia chili cook off. We had decided our "theme" would be fall-related, and we included a few scarecrows, leaf arrangements, and even Christmas lights to make our booth stand out. We were pleased with the turnout and enjoyed being part of the Douglas County tradition. Below, find photos from the event. We were graciously provided with a hand-carved pumpkin to display our firm name and we named our chili "Break a Leg Chili" to remind the community of the types of cases we handle.

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Posted In: Douglasville & Douglas County Local Info. , Our Law Firm Serving Atlanta & All of Georgia

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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.

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Posted In: Workers' Compensation Information

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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.

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Posted In: Workers' Compensation Information

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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.

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

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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.

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.

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

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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.

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Posted In: Car Accidents , Douglasville & Douglas County Local Info.

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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.

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Posted In: Douglasville & Douglas County Local Info. , Our Law Firm Serving Atlanta & All of Georgia

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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.

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

Posted In: Medical Issues & Injuries , Safety News For Georgians , Workers' Compensation Information

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