In Georgia, there were 186 fatalities and more than 77,000 illnesses and injuries related to work in 2018 which is common workplace accidents. Speak with an Atlanta personal injury lawyer immediately if you’re hurt on the job or if your working conditions cause you to get sick.
Workers in fields like agriculture and construction need the proper tools in good working order and the training to use them safely and effectively. When workers aren’t trained to use heavy machinery properly, it can result in catastrophic injuries.
Can you get reimbursed for your medical costs and lost wages in Georgia if you get hurt on the job? Continue reading to learn more about your employment rights, but if you were an injury victim, you should seek specialized legal counsel.
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What is Your Recourse If You Are Injured on the Job?
Transport accidents, slip-and-fall or trip-and-fall accidents, accidents brought on by coming into contact with large machinery, and workplace violence accidents are the most frequent work-related mishaps.
Workers’ compensation covers the majority of injuries sustained on the job. Workers’ compensation does not require hurt employees to demonstrate that an employer’s negligence led to a work-related injury.
In most cases, injured workers only need to demonstrate that accidents and injuries occurred “in the course and scope” of their employment to be eligible for workers’ compensation benefits. Still, in some circumstances, injured workers may file personal injury lawsuits independently of the worker’s compensation system.
Read Also: What if My Workplace Says I Was at Fault for My Construction Accident?
When May An Injured Employee Pursue a Personal Injury Claim?
Suppose you suffer an injury at work and your employer does not carry workers’ compensation insurance. In that case,
1. Your employer doesn’t carry workers’ compensation insurance.
2. Your injury was caused by a third party, such as a client, customer, vendor, careless driver, or property owner.
3. Your injury was brought on by faulty machinery, tools, safety equipment, or a toxic chemical.
4. Your injury was brought on by your employer’s aggressive, criminal, or careless actions.
Who is Responsible for Workplace Safety?
Employers are aware that keeping workplaces safe requires maintenance. They must look for spills, clutter, leaks, and other potential hazards and remove them as soon as they are discovered, or they must post signs and warnings until the problem is fixed.
If you’re an employer, you should have zero tolerance for any situation that could result in someone slipping, falling, tripping, getting burned, or coming into contact with toxic materials.
The Georgia Department of Public Health and the federal Occupational Safety and Health Administration (OSHA) enforce workplace safety regulations. Still, accidents at work are inevitable because people make mistakes.
However, employees should keep their personal workspaces safe from dangers and immediately report any potentially dangerous conditions or circumstances. Following these safety guidelines will keep both employers and employees safe when using or working close to heavy machinery:
Tip #1: Use Proper Safety Equipment
Use the safety equipment required if you operate heavy machinery or work close to it. Without exceptions, safety equipment is typically present because injuries have occurred without it.
Employers, forepersons, and supervisors should consistently use safety gear to set a good example.
Tip #2: Use Machine Guards
Thousands of serious workplace injuries are brought on by moving machinery parts, including burns, amputations, crushed hands and fingers, and blindness.
Machine guards are:
- Implements or shields that cover a machine’s dangerous areas to shield the operator and anyone else nearby from flying chips and parts.
- I am rotating machine parts.
- Loud noises, as well as to protect the machine itself.
Shut down the machine completely – and do that if maintaining it calls for someone to insert a finger, arm, or another body part. Any aspect of a machine that has the potential to cause harm must be protected against.
Tip #3: Don’t Interfere With Machinery That is in Operation or Motion
Never tamper with heavy machinery or equipment while running or with the person operating it. Because heavy operating machinery requires focus and concentration, it can become dangerous if the operator is distracted.
Simple contact with some pieces of heavy machinery while in use could result in a fatality, a severe injury requiring amputation, or both.
Tip #4: Only Trained Operators Should Operate Heavy Equipment
Training is necessary to operate heavy machinery. A person with extensive experience using the equipment should lead the training. Anyone operating heavy machinery without the proper training puts themselves and everyone nearby in danger.
Tip #5: During Loading or Unloading, Stay Clear
Like people, machines can occasionally be unpredictable and perform differently than expected. Stay away from any equipment used to load or unload a truck, ship, or railroad car.
Mistakes are made by both people and the machines they create. Any piece of machinery or equipment could malfunction at any time.
Heavy machinery makes everything possible: interstate highways, skyscrapers, power plants, and dams. It facilitates the completion of challenging tasks by workers around the world and improves life for everyone.
How Can An Injury Lawyer Help?
If an employee is hurt on the job in this state, a Georgia personal injury lawyer can provide the wise legal counsel and direction they require. A legally mandated workplace must be reasonably safe.
A worker who asserts their legal rights, such as by reporting a safety or health concern, reporting an injury, or making a claim for workers’ compensation or personal injury, cannot be fired in retaliation, according to the law.
Have an Atlanta workers’ compensation lawyer assist you in completing and submitting your workers’ compensation claim if you sustain an occupational injury in Georgia. Your attorney can ensure that no misunderstandings or errors cause your benefit payments to be delayed unnecessarily.
Your attorney can also ascertain if you are qualified to pursue a third-party personal injury claim. If so, your attorney will start negotiating a fair settlement offer outside of court.
How Are Personal Injury Cases Resolved?
Most personal injury cases are settled through private negotiation. Still, if a fair settlement offer is not made, your lawyer may file a lawsuit and ask the jury to award you the legal damages.