Articles Posted in Workers Comp

The workers’ compensation system exists in some form in every state in the country because it is supposed to protect the interests of both workers and employers. Employers benefit because they can’t get sued if a worker gets hurt on the job and they control their risk of loss by buying workers’ compensation insurance. Workers benefit because if they get hurt at work, that insurance pays the bills and pays for disability income, regardless of who was at fault or how the injury happened (as long as it is work related).

This bargain has worked for both employers and employees since the Industrial Age when workers’ comp programs were first developed€¦ but the bargain is now breaking down. ProPublica reports that workers compensation benefits are being eroded nationwide, sometimes to the point where the minimal benefits that are offered after injuries leave workers in poverty.

Workers’ compensation is supposed to protect you and if you feel you are not being treated fairly, you need to get help. An Atlanta workers’ compensation lawyer can provide you with legal advice and assistance on how to pursue a benefits claim and can help you fight for benefits if your claim is denied or you are deprived coverage for medical treatment you need. Call Van Sant Law, LLC for help if you are having a hard time.

Workers in the construction field and across other industries are routinely assumed to improve their job skills the more time they spend on the job. This would tend to suggest that when workers are spending time on a particular project, the risk of injury goes down over time. The reality, however, is that the opposite is true. When injuries happen on work sites, they are more likely to occur at the end of the project than at the beginning.

Employers and employees need to ensure they are maintaining their efforts to avoid work injuries for the duration of a job. Whenever an injury happens at any phase in the project, an Atlanta workers’ compensation lawyer can provide assistance to those who have been hurt. An injury or wrongful death claim can be made when a work accident causes harm or fatalities, regardless of who was responsible for the injury or whether any carelessness was involved.

Why Do More Atlanta Work Accidents Occur Late in Projects?

Workplace safety needs to be a top priority every day of the year for both employers and employees. In an effort to try to improve workplace safety culture and raise awareness of the risks that employees face, the first week of May each year has been named North American Occupational Safety and Health (NAOSH) week.

NAOSH week is dedicated to improving communication among workers and employers, improving attitudes about workplace safety, and educating employers and employees about the importance of occupational safety and health. When employers fail to live up to safety obligations and employees get hurt as a result, employers can face OSHA fines and employees can make workers’ comp claims with the help of Atlanta work injury attorneys.

Prevention of injuries is in everyone’s best interests so employees can stay healthy and employers can avoid costly fines and significant legal liability. NAOSH week is one small part of the many steps taken to improve working conditions and reduce injury and fatality risks.

The Occupational Safety and Health Administration sets permissible exposure levels for substances that workers can be exposed to on-the-job. The Environmental Protection Agency sets permissible exposure levels affecting how much of a given substance the general public can be exposed to. Safety News Alert recently provided details on new reports showing that the EPA standards are much stricter than the OSHA standards and that the general public is much better protected than workers when it comes to exposure to hazardous chemicals.

When an employee is exposed to hazardous chemicals, this exposure can happen every day for years on end and the worker may be unable to escape the dangers without giving up his job. Employers need to ensure they are not putting their workers at serious risk of life-threatening illnesses or death. If a worker is exposed to toxins on-the-job and gets sick as a result of this exposure, the employee should speak with an Atlanta workplace illness lawyer about options for making a claim for benefits. Workers’ comp should cover medical costs and other losses caused by the exposure.

Inadequate Workplace Protections Lead to Atlanta Workplace Illnesses

In Atlanta and other cities throughout the United States, gas pipes run under the ground to connect residential and commercial buildings to natural gas. Unfortunately, in many cities, maps and information on the location of gas lines may not be available or accurate. Information can become outdated or lost, and workers are left with limited guidance in determining how to dig safely to perform construction work while avoiding hitting a gas line.

If workers do hit a gas line, the consequences can be immediate and sometimes deadly. Injured victims harmed by an incident with a gas line on a construction site should consult with an Atlanta workers’ compensation lawyer. Victims should get their medical bills covered, including treatment of burn injuries, and should also be entitled to disability benefits when injuries or illnesses occur after a gas line accident.

Gas Line Incidents Can Lead to Atlanta Workers’ Comp Claims

The holiday season is a busy time for retail workers. Unfortunately, during this festive season, there is also a big risk of retail employees getting hurt on-the-job. There are many different reasons why retail workers face an elevated risk of injury during the holiday season. Understanding the risks is essential for both workers and employers in order to try to reduce dangers.

If a work injury happens during the holiday season, the victim must know his or her rights under Georgia law. Georgia law doesn’t allow workers to sue employers under most circumstances, but does make it possible for a workers’ compensation claim to be made after any and all on-the-job injuries. An Atlanta workplace accident lawyer can provide assistance to retail workers who are hurt during the festive season, or at any time of the year.

Why are Atlanta Retail Workers in Danger of Holiday Workplace Injuries?

Death benefits are available whenever an on-the-job injury or job-related illness causes fatalities. Widows, dependent children and certain other dependents may be eligible to receive death benefits as long as they can prove that job duties were the direct cause of the death. In one recent case, a court looked at whether a heart attack could be considered a work-related death after the widow of a worker alleged her husband had been “worked to death.

In complex cases where it is unclear if the job was the direct cause of a fatality, it is very important for surviving family members to have a skilled and experienced workers’ compensation lawyer providing advice and assistance. Your attorney can help you to make a compelling argument for why benefits are appropriate.

Van Sant Law, LLC has provided legal representation to clients in straightforward workplace death cases as well as in more complicated situations where employers have denied a death was due to work. Call our Atlanta workers’ compensation lawyers today to learn more about how we can provide you with help after someone you love dies.

Construction is one of the most dangerous fields and workers in this industry face a significantly higher risk of on-the-job death than those in other positions. Because of the high risks, it is imperative employers have every possible incentive to ensure employees do not suffer serious or fatal injuries.

In Georgia, persistent high unemployment in the construction industry is creating a situation where employees may be less selective in the jobs they are willing to take on. This can result in more dangerous conditions and an increased risk of workers being hurt. In particular, one of the most problematic situations for a construction worker is when he is forced to take a job in which he is incorrectly classified as an independent contractor.

A worker classified as an independent contractor is going to have a harder time getting coverage in the event of an injury and is at greater risk of being in an unsafe work environment. If you or someone you love was hurt in a construction accident, an Atlanta workers’ compensation attorney should be consulted for advice- especially if your employer is trying to claim you shouldn’t get workers’ comp benefits.

Undocumented workers are employed throughout the country in jobs in a wide variety of industries. Sometimes, these undocumented workers get hurt. When this happens, a question arises: is an undocumented worker entitled to workers’ compensation coverage? This question is one that is addressed in each individual state, since each state throughout the U.S. has its own workers’ compensation laws.

While state laws can differ, the general trend has been to allow undocumented workers to get benefits. Just recently, Safety News Alert reported that the Supreme Court in Mississippi had considered the issue and found undocumented immigrants should get benefits if they get hurt at work. The same is generally true in Georgia. This means if you get hurt, regardless of whether you are a legal U.S. citizen or not, you should contact an Atlanta workers’ compensation lawyer in order to obtain benefits for your on-the-job injury.

Atlanta Workers’ Comp Coverage for Undocumented Employees

Atlanta workers are protected by Georgia’s workers compensation law. This law requires employers to buy insurance or to self-insure in case of an employee injury on-the-job. The goal of Georgia’s workers comp law is to protect workers financially in case of illness or injury. Insurers are paid premiums by employers for workers, and insurers are supposed to pay benefits to workers if an illness or injury happens. A workers’ comp insurer should provide coverage for medical bills, disability income, and other losses as defined by Georgia’s workers’ comp law.

In some unfortunate cases, however, insurers do not pay as promised. Insurers could deny a claim that should be covered, or could decline to pay for particular medical benefits which a worker needs as a part of his recovery process. When and if a worker does not get the benefits that he is entitled to, the injured employee should consult with an Atlanta workers’ compensation lawyer for help.

Appealing an Atlanta Workers’ Compensation Claim