Were you or a loved one hurt at work in Georgia?

Finding an experienced lawyer with the right background is crucial.
Our attorneys specialize in securing compensation for injured workers and their families.

In the last 50 years, American workplaces have generally become safer and safer, with fewer accidents and fatalities. In 1970, approximately 38 workers died per day in the United States—a number that dropped to 15 per day in 2019. Likewise, workplace injuries and illnesses fell from 10.9 incidents per 100 workers in 1972 to 2.8 per 100 in 2019, according to government statistics.

However, this overall positive trend offers little comfort if you or a loved one are injured or killed on the job. In such difficult and trying circumstances, it’s vital that you fully understand your legal rights and options when it comes to financial compensation for your medical bills, lost wages and other expenses connected to your occupational injury or illness.

Don't make the mistake of blindly trusting the word of your employer or an insurance company when it comes to the fair settlement you are owed for a work-related injury or illness. These parties have a financial incentive to misinform you or not fully inform you of your rights. It’s wise to learn about your rights and responsibilities from a plaintiff’s attorney who truly has your best interests in mind.

If you or a loved one were seriously injured at work or while performing your job—or your loved one was killed in the course of their employment—you should know that Georgia personal injury and workers’ compensation laws allow most employees or their surviving families to recover compensation. These laws differ from state to state, which is why it’s vital you consult a work injury attorney near you who is knowledgeable about what laws apply in your case.

What causes injuries at work?

While you can get hurt or sick because of your job in any industry, certain sectors are more dangerous and deadly. For instance, about 1 in 5 private industry workers killed on the job in 2019 were in construction. Two other sectors that account for over half of all occupational injuries and illnesses are trade, transportation and utilities, and education and health services.

Some of the most common causes of severe work injuries and occupational illnesses in Georgia include:

Slip, trip and fall

Whether slipping on a wet floor, tripping on a loose rug or falling from a ladder or scaffolding, slip and falls can have serious repercussions and result in catastrophic injuries.

Car or truck accidents

If you must drive for your job (as truckers and delivery drivers must do), then you face a higher risk of being injured in a car crash or truck accident while on the clock.

Heavy equipment/machinery

If you work around machinery, tools and equipment (such as a forklift), then you run the risk of being crushed, struck by or pinned between this machinery.

Toxic chemical exposure

In many workplaces (particularly in industrial and agricultural settings), prolonged exposure to toxic chemicals and harmful substances may increase your risk of certain types of cancers, and other health conditions, like lung damage.

Overexertion and fatigue

When forced to work long hours and not provided the proper equipment or rest breaks, workers can suffer injuries due to muscle strain, exhaustion and overexertion.

Repetitive stress/motions

If you perform the same movement enough times (such as reaching overhead or typing at your keyboard), you can develop repetitive motion injuries like carpal tunnel, tendonitis or a herniated disc.

Workplace violence

If you were attacked by a coworker, boss, customer, patient, or anyone else while on the clock, then any injury you suffer is considered work-related and therefore compensable under workers’ compensation.

What are the most common
work-related injuries?

Not all work injuries are serious, but many that get reported are. The state of Georgia only considers an injury severe—referred to as a DART case— if it involves taking time off work for recovery time, job transfer or some sort of light-duty work restriction. Severe DART cases accounted for roughly half (53 percent) of private industry cases reported in Georgia in 2019.

A few examples of severe work injuries that are most common include:

Traumatic brain injury

Trauma to the head and brain is an extremely serious (and sometimes permanent) injury that can happen because of a work-related auto accident, slip and fall or getting struck by an object.

Severe burn injury

Second or third-degree burns are extremely painful and often result in permanent scarring and disfigurement.

Repetitive stress injury

When performing the same motion or movement over a long period of time, your body can get worn down and you may start experiencing pain or discomfort from a wide range of soft tissue damage (carpal tunnel, tendonitis, shoulder injury, etc.)

Spinal cord injury/paralysis

Whether you are diagnosed with a painful herniated disc because of bad ergonomics or suffer a catastrophic accident (such as a fall or car accident) that results in partial or total paralysis, spinal cord injuries are often life-changing and career-ending.

Broken bone

Human bones are strong, but they can only take so much force before they buckle or crack under the pressure. Compound or hairline bone fractures at work often happen due to auto accidents, falls, and being crushed by heavy machinery. Rehabilitation services are often required to complete the healing process.

Muscle sprains/strains

Overexertion and fatigue can lead to muscle strains and sprains that make it difficult and painful to do the physical effort of your job. Often, rest is the only treatment for such injuries.

Hearing/vision loss

Some workplaces are full of loud noises that can cause hearing loss over time, especially if the worker is not provided adequate hearing protection. Eye injuries and chemical exposure can lead to loss of vision.

Post-traumatic stress disorder

Not all work injuries are physical. Some workers—particularly first responders, police, firefighters, and healthcare workers—may be emotionally and psychologically traumatized from their job.

Amputation

Workers who get caught in a machine or crushed by heavy equipment may have to undergo amputation to avoid other potential internal injuries. Compensation settlement for an amputation depends on what body part was removed.

What are your legal options for financial recovery?

When someone is hurt at work or diagnosed with an occupational illness in Atlanta or elsewhere in Georgia, there are 2 primary options for obtaining monetary compensation through the legal system.

Workers’ compensation

Most, but not all, workers in Atlanta are covered under Georgia’s workers’ compensation system. This means that any and all medical expenses and lost wages associated with a work injury or illness will be covered by your employer (or their workers' compensation insurance provider).

Since 1920, workers’ compensation claims in Georgia have been managed by the State Board of Workers’ Compensation, which is located on Peachtree Street in Atlanta.

Unlike other personal injury cases, workers’ compensation is a no-fault system, meaning benefits are owed regardless of who (or what) was at fault for the injury. In other words, liability is not a factor in workers’ compensation cases. Even if you are partially or fully responsible for your injury, you should still be covered so long as the injury occurred during the course and scope of your employment.

While this no-fault system makes it easier for injured workers and their families to recover benefits faster to help pay the bills, the downside is that workers’ compensation only provides help for economic damages such as medical bills, lost wages, vocational rehabilitation and funeral expenses (in the event of a fatal work accident). Non-economic damages, like pain and suffering or emotional distress, are not compensable under workers’ compensation.

Third-party injury claim

If your employer doesn’t have workers’ compensation or a third party (someone or some business that is not your employer) contributed to your work injury or illness, then you may be able to file a third-party personal injury claim against the responsible party.

The benefit of this approach is that you’ll be able to seek compensation for non-economic damages like pain and suffering, which is not available through the workers’ compensation system. However, the downside is that you’ll have to go through the additional step of proving fault (or liability) in order to recover damages.

Generally speaking, you cannot sue your employer if they provide workers’ compensation coverage—except in rare cases where an employer acted maliciously or is found to be grossly negligent.

If you were injured by a defective product, tool or equipment on the job, then you may be able to file a third-party injury claim against the manufacturer in addition to filing a workers’ compensation claim. The same is true if you are hit by another driver while driving your work truck, van or another vehicle.

Third-party lawsuits can help fill the gap of what workers’ compensation does not cover (i.e. pain and suffering, emotional distress and other non-economic damages).

A vast majority of employers in Georgia are required to carry workers’ compensation insurance or self-insure if they have 3 or more full-time, part-time or seasonal employees. However, there are some exceptions. For instance, independent contractors and agricultural workers may not be covered under this rule. We strongly recommend consulting with a knowledgeable work injury attorney in order to determine if you are eligible for workers’ compensation benefits.

Unsafe working conditions: an epidemic danger to American workers

According to the Occupational Safety and Health Administration (OSHA), which is a federal agency under the Department of Labor that was established in 1970 with the purpose of ensuring the health and safety of American workers, the 10 most frequently cited safety standards violated include:

Unfortunately, OSHA is only 1 small agency with limited resources and manpower, which means that they cannot inspect every workplace. In fact, OSHA estimates that they only have about 1 compliance officer for every 70,000 workers in the U.S.

Lack of fall protection

Improper lockout/tagout
of hazardous energy

Insufficient hazardous
material communication
standards

Danger from powered
industrial equipment
and vehicles

Lack of respiratory
protection

Failure to provide
training on fall
protection

Unsafe scaffolding

Lack of eye and
face protection

Unsecured ladders

Missing machine
guarding measures and
dangerous equipment

How to report your employer for unsafe working conditions

One way in which OSHA prioritizes which businesses to monitor and inspect is by allowing employees to file an anonymous complaint regarding unsafe working conditions. If you wish to report your employer to OSHA, you can file a complaint online—or call/visit your local OSHA office.

There are 2 federal OSHA offices in Atlanta that cover private-sector employers and workers in Georgia:

Atlanta East Area Office
2296 Henderson Mill Road, NE, Suite 200
Atlanta, GA 30345
(770) 493-6644

Atlanta West Area Office
1995 North Park Place S.E., Suite 525
Atlanta, GA 30339
(678) 903-7301

How long do you have to file a work injury claim?

This is one of the most common questions we get asked, and the answer can be complicated because it depends on various factors—including what type of claim you wish to file.

Simply put, you should report your work injury or illness diagnosis to your employer as soon as you can—even before you get treatment, if possible. If you require emergency medical care, then let your employer know as soon as you can. If you wait longer than 30 days to report your work injury, then your benefits may be put in jeopardy and your claim contested.

If you intend to file a workers’ compensation claim in order to start receiving benefits, then you’ll need to do so within 1 year from the date of your injury. However, if your employer paid for your medical treatment or if you are able to keep working in some capacity following your injury, this deadline may be extended. There are other situations where the statute of limitations may be extended or shortened, so it's important to consult with an experienced compensation attorney as soon as possible to understand your rights.

If you wish to file a third-party injury claim, you have up to 2 years to file a lawsuit for damages. Though this deadline is longer compared to the 1-year workers’ compensation statute of limitations, these cases require you to establish liability and therefore can take longer to resolve. Again, the sooner you can speak with our Georgia work injury attorneys, the better.

Meet your Georgia work injury attorney

Julian Lewis Sanders founded The Law Offices of Julian Lewis Sanders and Associates in 2003. The firm proudly serves Atlanta and the surrounding communities of Georgia in personal injury law.

“Growing up in a military family, I learned the importance of dedication and honor early, which established a foundation for my eventual
law career.”

We want to help you. Give us a chance to listen to your needs, answer your questions, and show you how we will take swift strategic action to help right the wrong that has been done to you.

I’m currently working with the Law Office of Julian Sanders and it has been an amazing experience so far. Everyone is prompt at returning calls and they took the time to break down the process. I’m grateful for their thoroughness, professionalism, and kindness. –Ayisha Dodd

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WORK INJURY

If you were injured by a workplace accident or recently diagnosed with an occupational disease, you should get legal advice from the team at Julian Lewis Sanders & Associates as soon as you can. Most hardworking folks in Georgia are protected under Georgia’s workers’ compensation laws, but these protections come at a cost—namely, it can be difficult to sue your employer if you are eligible for workers’ compensation benefits.

Workplace accidents, injuries and illnesses can occur at any workplace, but they are most common among employees in construction, manufacturing, transportation, and other dangerous industries.

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Georgia Work-Related Accident & Injury Lawyer

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