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.
Take these steps after a workplace injury to ensure your claim is properly established:
At McAleer Law, we specialize in personal injury and wrongful death litigation. Unfortunately, mistakes made before you contact an attorney could hamper your ability to recover compensation. You can increase your chances of having a successful case and recovering damages with these 10 tips:
- Know your rights. It is important to understand the rights entitled to you by both the state and federal government. Use www.Georgia.gov to stay informed about Georgia’s legal system.
- Avoid dangerous situations. While we can’t dodge all accidents, activities that are deemed ultra hazardous are best avoided. Inherently dangerous activities categorize the participant as strictly liable and may remove his or her right to sue.
Property owners have a duty to provide a reasonably safe environment for other who may enter their establishment. In the legal world, we call this premises liability.
When someone is injured on another person’s property and sues, courts first seek to determine whether the injured was allowed on the premises. If the owner consents to a person’s entry on the property, the person is deemed an invitee or licensee. When consent is not given, the person is considered a trespasser.
A property owner may be liable for injuries of an invitee or licensee if:
When property owners become neglectful, they can unknowingly create a dangerous situation. “Slip and fall” accidents can happen anywhere. Falls that occur inside could be the result of bad flooring, wet walkways, poorly lit steps, or hidden defects. Icy patches, cracks in the sidewalk, weather-related conditions, and potholes are the most common causes of slip and fall accidents outdoors.
Fortunately, falls often result in minor injuries that heal quickly. However, slip and fall accidents have caused severe, debilitating problems, including head, brain, and spinal cord injury, herniated disc, bone fractures or breaks, and sprains. The neck, shoulder, and knee are also major areas prone to injury during a fall.
Property owners with dangerous conditions on their premises may be liable for accidents if they are aware of the conditions and take no action to fix them. The most common conditions attributed to owner negligence include:
A South Carolina man got into a fight with a local police officer in 2009. According to reports, the man was hit several times in the eye with the metal baton by the officer and received surgery for his injuries.
During the surgery, medical personnel removed the man’s eye.
The man filed a law suit against the police officer for medical expenses he incurred due to the fight. On November 11 of this year, a jury awarded $45,000 to the man. For more information on this story, visit Anderson Independent Mail.
Teva Parenteral Medicines, Inc., Baxter Healthcare Corp., and McKesson Corp. have been ordered by a jury to pay at least $20.1 million for packaging and selling an anesthetic in a way that proved harmful to patients. The jury concluded that the companies wrongfully sold Propofol in vials large enough to be used on multiple patients. Consequently, three colonoscopy patients contracted Hepatitis C. The plaintiffs sought $25 million in actual damages over the incurable liver disease. Punitive damages have yet to be decided.
Teva faces almost 300 lawsuits stemming from a Hepatitis C outbreak three years ago. The company has argued that the infections were caused by “improperly sanitized medical equipment, not reused Porpofol containers.”
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