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The Right to a Safe WorkplaceAmericans are guaranteed the right to a safe workplace by federal law. Yet every year, thousands of workers are injured, sometimes fatally, while on the job. At the very least, workers expect compensation for their injuries and their loss of income should they suffer a workplace injury.
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What is a Workplace Injury?
Any injury that you receive while on the job is considered a workplace injury. This includes injuries that occur at the actual job location, such as an office building or warehouse, as well as injuries that are sustained while traveling or working remotely.
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Common Sectors For Georgia Workplace Injuries/Fatalities • Construction - In 2014, the leading cause for construction fatalities in
Georgia was falling, slipping and tripping. • Manufacturing - Along with natural resources and mining,
manufacturing had the second highest rate of workplace fatalities in Georgia.
• Transportation, Trade and Utilities - This sector, along with construction, had the highest number of on-the-job fatalities in Georgia in 2014.
• Oil and Gas (Natural Resources and Mining) - Every year, a number of Georgia workplace injuries and fatalities occur in the natural resources and mining sector.
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Common Workplace Accidents in Georgia• Transporting - Transportation accidents were the leading cause
(around 40 percent) of workplace fatalities in Georgia in 2014. These accidents occur while moving goods or services to another location.
• Workplace Violence - Violence (and injuries caused by other persons and animals) was the second leading cause of on-the-job fatalities in Georgia.
• Falls - Falls, slips and trips were the third leading cause of workplace fatalities in Georgia.
• Being Struck By or Against An Object - Contact with objects and equipment was the fourth leading cause of workplace fatalities in Georgia.
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Common Types of Workplace InjuriesWorkers sustain many different kinds of workplace injuries. Here are just a few examples:
• Cuts and Lacerations• Broken Bones• Loss of Limbs• Organ Damage• Spinal Cord Injuries• Traumatic Brain Injuries• Burns• Carpal Tunnel Syndrome• Back Injuries
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Who is at Risk?• Fatigued workers - Overworked or tired workers present a hazard in the
workplace. This is especially true for workers who use heavy machinery or frequently drive on the job.
• Workers who operate heavy machinery - Working with heavy equipment can be especially dangerous for those without the proper training or experience. This includes workers in manufacturing, construction or food processing, for example.
• Workers who frequently work on scaffolding - Scaffolding collapses are a major concern for workers, especially in industries like construction. Falling from a scaffold can lead to catastrophic injuries (spinal cord and traumatic brain injuries) and death.
• Workers who transport goods - Transportation is consistently a leading cause of injury and death in the workplace. This means that transportation workers (e.g., truck drivers) and workers who transport goods in other sectors are especially at risk for on-the-job injuries.
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Workers’ Compensation Laws In Georgia• Businesses with three or more employees are required to have
workers’ compensation insurance. • Workers are entitled to coverage beginning on the very first
day of their job. • While most workers will be eligible to receive workers’ comp,
exceptions include domestic workers, people who work for businesses with less than three employees, some government employees and independent contractors (see next slide for more on contractors and workers’ compensation).
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Independent Contractors and Workplace InjuriesOne of the perks of being an “employee” is that employers will generally offer you some form of compensation for on-the-job injuries. By contrast, independent contractors face much greater risk should they sustain a workplace injury. However, even contractors might eligible for workers’ compensation if they can prove that they are, in fact, an employee.
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Proving a “Contractor” is an EmployeeEven if an employer considers someone a contractor, that worker might still be able to prove that they are actually an employee. If a worker answers’ yes’ to some of these questions, they might be legally considered an employee:• Does the worker perform their job in the same workplace as their employer?• Does the worker use equipment provided by the employer?• Does the worker depend solely, or mostly, on the income from one particular
employer?• Is the worker’s contribution essential to the offerings of the company that
hires them?• Was the employer responsible for training the worker for their job?
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Third-Party Injury ClaimsIn addition to seeking payment from an employer, an injured worker can also file a claim against those whose negligence caused the injury. This is known as a third-party injury claim. Unlike workers’ compensation claims, third-party injury claims must be based on the fault of another party.
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Temporary and Permanent DisabilityWhile some workplace injuries are minor and require little time off from work, more serious injuries can leave workers disabled. Temporary disability benefits are given to employees who suffer a diminished work capacity but can still perform some job responsibilities. Permanent disability benefits are given to workers whose injuries lead to a complete loss of work capacity.
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Tips For Improving Workplace Safety
• Ensure that all employees are well rested. Fatigued workers are a hazard to themselves and to coworkers.
• Always make sure that work equipment is properly maintained and inspected for safety.
• Ensure that employees are properly trained for their jobs and the equipment they are using.
• Keep a workplace clean and free of clutter.
• Repair loose or broken flooring.
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What To Do After a Workplace Injury?• Inform your employer or supervisor of the incident
immediately, preferably in writing. • Consult a medical professional to evaluate and treat your
injuries. • Keep a copy of all correspondence with your employer, doctors
and any other relevant parties that pertains to your workplace injury.
• Take notes on your treatment, care and recovery. • Consult with an attorney to make sure you have representation.
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Have You Been Injured in a Workplace Accident?If you have been injured in a workplace accident in Georgia, David Mann can help. David has represented many injured workers to make sure that they are treated fairly and that they receive the compensation that they deserve. Contact the Georgia workplace injury attorneys at the Mann Law firm for a free consultation.
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