Articles Posted in Workers Compensation

DumpTruckNightWorkers Compensation and Car Accidents: Company-Related Motor Vehicle Accidents May Allow for Two Cases

Work-related car accidents account for a large percentage of all on the job injuries. OSHA warns, more than 1,766 deaths a year result from occupational transportation incidents. That number is more than 38 percent of the 4,547 annual number of fatalities from all occupational injuries.

Many Georgia employees are not aware that when they are injured in a motor vehicle accident while on the job they may be entitled to more than just workers’ compensation benefits.  The fact is that both a workers compensation claim and a personal injury claim may possibly be pursued.

Georgia work accident victims are, of course, entitled to a number of benefits ranging from medical care to weekly indemnity checks.  These benefits may be limited, however, and not allow an injured worker to receive full compensation for an injury.  Thankfully, the workers compensation system is not always the only option for an individual hurt in a work accident. It is true that Georgia law includes a statute that is commonly referred to as the ‘exclusive remedy doctrine’ which prohibits an injured worker from bringing a personal injury action against its employer. This statute does not, however, apply where a third party unrelated to the employer is at fault in causing the work accident. Under such circumstances, the injured worker may also have a personal injury case in addition to the workers compensation claim.  Thus, where a worker is injured in a car accident by the fault of another, a personal injury claim may exist against that party.  These third party claims often result in recoveries that are substantially more than the recovery allowed under a workers compensation claim.  Because these claims are legally complex, a worker injured in a car accident should seek the assistance of a Georgia attorney experienced in both personal injury and workers’ compensation.

We Fight for Victims of Work-Related Accidents in Georgia…Contact us Now for a Free Consultation.

The Murray Law Firm has extensive and successful experience in representing Clients in both personal injury and workers’ compensation claims.  The Murray Law Firm has recovered millions of dollars for our workers compensation and personal injury clients, and we offer our legal assistance, if desired. Anyone seeking further information or legal representation is encouraged to contact us via e-mail (click here) or by telephone at 888.842.1616. Consultations are free and confidential.

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The tragic August death of GSU freshman, Michael Gatto, has rallied many in support of Michael’s Law, a bill which would keep underage patrons and bouncers out of bars. House Bill 152 passed the Georgia House of Representatives on Friday, March 13th and now awaits review in the Georgia Senate.

Connect Statesboro Reports:

Since the death of GSU freshman Michael Gatto at Rude Rudy’s last August, Statesboro has been a hotbed of contention over underage alcohol sales and bar attendance. Police charged Grant James Spencer, then 20 — a bouncer who was at the club but reportedly off-duty at the time — with aggravated battery and felony murder. Gatto had arrived as a freshman at Georgia Southern University about two weeks earlier. Spencer, who was also a GSU student, remains in jail awaiting trial. Rude Rudy’s closed after Gatto’s death, and the club’s owner surrendered his alcohol license to the city.

In response to their son’s death, Gatto’s parents have been working to pass a bill that would keep underage people out of bars and away from alcohol. Last Friday, March 13, the Georgia House of Representatives passed House Bill 152, which proposes several changes to alcohol regulation laws statewide.

WHAT IT DOES

Here are the bare bones: The Georgia House of Representatives approved legislation to define what bars are, make 21 the minimum age to enter one or work as a bouncer, and place new demands on cities, counties and businesses to report alcoholic beverage violations.

BREAKING IT DOWN

What’s a bar?

According to the new legislation, a bar is a place that derives 75 percent or more of its revenue from alcoholic beverages. The Department of Revenue will be able to look at the monthly sales tax reports of each venue to determine where its revenue is coming from.

Under this definition, Statesboro technically doesn’t have any “bars” — only restaurants that serve alcohol but derive more than 50 percent of their revenue from food sales, or “sports restaurants” required only to have a food permit. However, if any Statesboro venues were to be audited and found to derive 75 percent of their revenue from alcohol sales, they would have to change their status to “bar” and enforce the under-21 restrictions.

The 21 rule

Under HB 152, a person have to be at least 21 years old to enter a bar. That applies to employees as well as customers, although the bill doesn’t explicitly include bartenders or servers.

Bouncers—defined as “individual(s) primarily performing duties related to verifying age for admittance, security, maintaining order, or safety, or a combination thereof” — must also be 21 years old.

Required reporting

Alcohol license holders must self-report any violations of local, state or federal alcohol laws to the Georgia Department of Revenue within 45 days of the violation.Cities and counties must also report any violations within their jurisdiction to the Department of Revenue. The revenue commissioner can issue fines of up to $750 for license holders who fail to report violations

SO IS THIS A DONE DEAL?

Not exactly. The bill has been passed in the Georgia House of Representatives and still has to go through the Georgia Senate. The Senate could alter the bill or hold off on passing it, meaning it wouldn’t come up again as a potential law until next year. Also, to become an official law, it’s going to need the governor’s signature.

Read the full article at Connect Statesboro and follow House Bill 152 at the Georgia General Assembly.

U.S. Transportation Secretary Foxx (DOT)

U.S. Transportation Secretary Foxx (DOT)

The Department of Transportation has released a new work zone safety campaign, urging drivers to “expect the unexpected.”

The new campaign launches during National Work Zone Awareness week and reminds drivers that work zones may change frequently from one day to the next, posing risks for both motorists and work zone employees if drivers are distracted or not paying attention.

The Augusta Chronicle reports:

Since 1973, 57 Georgia DOT employees have died in work zones, but motorists and their passengers are actually more likely to be killed or injured in work zones, according to a news release.

Since National Work Zone Awareness Week – an annual campaign sponsored by federal, state and local transportation officials – began in 1999, national work zone fatalities have decreased by 34 percent.

According to the Federal Highway Administration, in 2013 there were 579 work zone traffic-related fatalities, 29,000 work zone injuries and 105 worker fatalities. All of the categories were decreases from the previous year.

Last year the Georgia DOT had no employee work zone fatalities, but there were 20 total work zone fatalities.

“While we are pleased that we have not lost a GDOT employee in a work zone related crash this past year, the loss of 20 lives is 20 too many,” Commissioner Russell McMurray said. “I implore the public to be mindful of our workers and to pay strict attention when driving, not just today, but every day, especially in work zones.”

When going through work zones, drivers are expected to remain alert, minimize distractions, not tailgate or speed, pay attention to signs and obey road crew flaggers.

The Murray Law Firm works tirelessly for victims and families devastated by work zone accidents and we offer our legal expertise, if needed. Anyone seeking further information or legal representation is encouraged to contact us at 888.842.1616. Consultations are free and confidential.