Articles Posted in Workers Compensation

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Screen Shot 2014-11-07 at 4.51.28 PMLocal News

An Austell Dollar General employee was reportedly shot and injured during a robbery Monday night, October 3, 2014.

According to The Atlanta Crime Examiner, an armed assailant entered the Dollar General store at 710 Six Flags Drive around 7:00pm Monday evening. The suspect allegedly fired his gun toward an employee at the cash register and ordered him to open the safe. The gunman then reportedly fired a second round when the employee had trouble opening the safe.

Per media reports, the assailant fled the scene with the cash. The store employee was treated at Wellstar Kennetone Hospital for gunshot wounds.

Our Legal Take

As police continue their search for a suspect, advocates for workers’ rights at The Murray Law Firm are following this horrific shooting closely. They believe, as the victim was working at the time of the assault, he is almost certainly entitled to substantial workers’ compensation benefits per Georgia law.

Unfortunately, employers and insurance companies are often more concerned with limiting their own financial exposure and returning employees to work quickly than the long-term medical care and needs of employees. The victim should retain an experienced workers’ compensation law firm without delay to handle negotiation of this complex claim and ensure their best interests are protected.

The Murray Law Firm has extensive experience in protecting victims of workplace violence and we offer our legal expertise, if needed. Anyone seeking legal representation or further information is encouraged to contact us at 404.842.1600. Consultations are free and confidential.

SAC EM Update

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Crime Map of Dollar General Neighborhood June - August 2014 (Atlanta Police Department)

Atlanta Police Department Crime Map of Big Brother 2 Food Mart Neighborhood June – August 2014

Local News Update

An arrest has been made in the shooting of Atlanta store clerk, Ajit Kumar Dwivedi, killed August 25, 2014.

According to the Henry Daily Herald, Fulton County Police have charged a suspect with murder, armed robbery and possession of a firearm in the shooting death of Ajit Kumar Dwivedi at the Big Brother 2 Food Mart on Norwood Road in southeast Atlanta. Mr. Dwivedi was fatally shot shortly after midnight on August 25, 2014.

The alleged gunman was apparently released from prison only three months prior to the shooting and was on parole at the time of the murder, per media reports. He is now in police custody.

Our Legal Take

Advocates for workers’ rights at The Murray Law Firm are relieved a suspect has finally been captured in this tragedy, but question what security measures were in place at the Big Brother 2 Food Mart to protect employees from such violence.

Atlanta Police Department crime maps of the Big Brother 2 Food Mart neighborhood reveal a staggering history of assaults, robberies, homicides and burglaries in the two months leading up to the murder of Mr. Dwivedi. What security precautions, such as bars, metal detectors and surveillance cameras, were in place to protect employees from such violence at the time of the fatal shooting?

As Mr. Dwivedi was working at the time of the shooting, his family is almost certainly entitled to substantial workers’ compensation benefits per Georgia Law. Additional claims may also be filed should the store owner have failed to provide adequate protection for employees and patrons. Claims of this magnitude, potentially in the hundreds of thousands of dollars, will demand the Big Brother 2 Food Mart reevaluate security measures and make employee safety their first priority.

The Murray Law Firm works tirelessly to protect families devastated by workplace violence and we offer our legal expertise, if needed. Anyone seeking further information or legal representation is encouraged to contact us at 404.842.1600. Consultations are free and confidential.

SAC EM Update

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Screen Shot 2014-10-28 at 10.44.34 AMLocal News

A fatal accident at the Claude Howard Lumber Mill reportedly claimed the life of 32-year-old Salvador Hernandez Monday, October 27, 2014.

According to WTOC News, Mr. Hernandez was working on a piece of equipment at the Claude Howard Lumber Mill, off Gentilly Road, when the machine he was attempting to repair fatally pinned him.

The U.S. Occupational Safety & Health Administration (OSHA) is now investigating the tragic accident. OSHA warns, “Working in a sawmill is one of the most dangerous occupations in the United States. The equipment poses numerous hazards. Massive weights and falling, rolling, and/or sliding logs can be very dangerous….Workers have a right to safe workplace. The law requires employers to provide their employees with working conditions that are free of known dangers.”

Our Legal Take

Advocates for employee rights at The Murray Law Firm are following the accident closely and question whether a fatal safety lapse or catastrophic equipment malfunction at the lumber mill may have contributed to this tragedy.

When was a safety inspection last performed on the lumber mill machinery? Were all required safety guards and emergency stops in place to protect employees handling the machine and, if so, how did these safety measures fail? Was the accident a result of an equipment malfunction or a failed safety guard?

Mr. Hernandez reportedly climbed onto the equipment while attempting to repair it. What safety precautions and training were provided by the lumber mill to protect employees performing such repairs? How did these safety precautions fail?

As Salvador Hernandez was working at the time of his death, his family is almost certainly entitled to substantial workers’ compensation benefits per Georgia law. Additional claims may also be filed against the equipment manufacturer, should a mechanical malfunction or safety guard failure have contributed to this tragedy. Claims of this magnitude will serve as a grave reminder to the Claude Howard Lumber Mill and all Georgia lumber mills on the need to make employee safety their first priority. By demanding companies implement proper safety precautions, equipment, inspections, and training, many other lives may be spared.

Photographs and a thorough, unbiased inspection of the facility will need to be performed on the Hernandez family’s behalf without delay to ensure all evidence is preserved and their best interests are protected. Unfortunately, employers and insurance companies are often more concerned with limiting their own financial exposure than protecting victims and their families. As such, having an experienced workers’ compensation firm to handle such negotiations can often mean the difference of hundreds of thousands of dollars.

The Murray Law Firm works tirelessly to protect victims and families devastated by catastrophic work accidents and we offer our legal expertise, if needed. Anyone seeking further information or legal representation is encouraged to contact us at 912.385.9690. Consultations are free and confidential.

 

SAC EM Update