Articles Posted in Workers Compensation

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trawler

In Georgia, and in most other states, generally, when your are injured on the job your only remedy is for benefits under the applicable workers compensation laws.  In Georgia, this is known as the exclusive remedy doctrine.  The benefit of this doctrine to injured workers is that they do not have to prove that a party was negligent in order to be compensated.  Proving negligence can be very difficult in some cases.  Rather, they simply need to prove that they were working and while working, were injured.  The downside to workers compensation’s exclusive remedy is that a workers’ recoverable damages are limited.  For example, an injured worker is not entitled to receive compensation for pain and suffering or punitive damages.    Continue reading

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just-a-forklift-1439915The Georgia Court of Appeals has held that when a temp worker is randomly shot and killed by another temp worker at the employer’s facility, Georgia’s exclusive remedy provision of the workers compensation act applies.  This means that the only legal remedy the family of the deceased employee is entitled to is workers’ compensation death benefits.  Such death benefits are payable to the surviving minor children until they are no longer minors and/or to a dependent surviving spouse.

In this case, the mother of the worker who was killed sued the employer in negligence for failing to perform a reasonable background check on the man who killer her son.  The facts on appeal showed that the assailant applied for work with the staffing company and used a false name, false picture identification and also failed to completely fill out the application for employment.   Continue reading

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Workers’ compensation can be a tricky field to navigate on your own. If you have been injured on the job, you may find yourself with more questions than answers, or wondering what steps to take next. At McAleer Law, we handle Workers’ Compensation cases in Georgia and would like to provide you with some answers to common Workers’ Compensation questions.
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Georgia, like all states, has a workers’ compensation law. These laws are intended to help employees who are injured on the job get the help they need.

While this sounds great in theory, the process can get complicated without help. The rules need to be both understood and followed for a claim to be successful. When a person suffers a serious injury on the job in Atlanta, it is important for them to consult with an Atlanta workers’ compensation lawyer. The first consultation is free. During this meeting, the injured gets some very helpful advice from our team at McAleer Law while it is decided if the case merits legal representation.
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It is a tragedy to lose any loved one, but in our Atlanta workers’ compensation law firm’s experience, it is especially tragic to lose a loved one to a construction accident that potentially could have been avoided.

The Fatal Four

According to the Occupational Safety and Health Administration (OSHA), the top four most common accidents ultimately caused 54.2 percent of construction worker deaths in 2012. These “fatal four” causes of death include:
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Photo is a worker for A-plus Well Service in F...

Photo credit: Wikipedia

Although the number of workplace injuries has fallen since 2011, according to the Bureau of Labor Statistics, the risk of injury or illness remains high for employees in air transportation, public sector construction, nursing homes, and some other jobs.

If you were injured while on the job, you may be entitled to workers’ compensation benefits. Depending on the severity of your injury, your employer could be held liable for lost wages, medical expenses, rehabilitation costs, and benefits to your dependents.

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A Colorado jury awarded a truck driver $ 10 million for injuries she experienced after a fall in a metro-Denver Wal-Mart parking lot.

While making a store delivery, Holly Averty slipped on grease and ice near the truck ramp, according to ABC of Denver . Averty injured her back, requiring three surgeries and medical bills of almost $500,000. Due to the cost of medical bills and her inability to work, her truck was repossessed.

To learn more about personal injury cases please visit McAleer Law .

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Hip ReplacementA recent report warns that metal-on-metal hip implants are failing at an alarming rate. Hip implants such as the DePuy Pinnacle Ultamet and the DePuy Orthopedic ASR, which have been recalled, fail in one-third of patients. Metal-on-metal hip replacement devices were designed to be more durable than traditional hip replacement devices; however, they have a significantly higher early failure rate than hip replacement devices made with ceramic and plastic components.

Artificial hips are typically expected to last 15 years before replacement is needed. Some reports indicate that all-metal hips are failing after only five or six years. Failure of a hip implant device often causes extreme pain and mobility issues, and may require the patient to undergo revision surgery which comes with an added risk of complications.

A concern with all-metal hip replacement devices is that debris can come loose from the joint and be absorbed by the patient’s soft tissue surrounding the joint, creating a condition known as metallosis. The uncertain effects of any release of cobalt and chromium ions into the patient’s blood are also a concern.

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Photo Courtesy of PowerMag.com

Photo Courtesy of PowerMag.com

An Ohio jury recently returned a verdict of $5.671 million in favor of a 53-year-old man who sustained severe shoulder injuries as a result of an explosion at an AEP power plant in 2007.

During the trial, the jurors heard testimony that included information about a similar explosion approximately 15 months earlier at an AEP plant in West Virginia. It was found that the plant failed to take any steps to correct that problem. The jury found that the Ohio Power Company, a subsidiary of AEP, acted with a conscious disregard of the plaintiff’s well being.