Articles Posted in workplace fatalities

It should come as no surprise that working in certain jobs is much more dangerous than working in other professions. There are some industries where you are working with tools equipment, and machinery and are out in the field all day doing physical labor. These jobs tend to have a higher probability of something going wrong. While this does not mean injuries cannot happen anywhere, it does mean that extra precautions should be taken by both employers and employees in the highest risk sectors. Atlanta workplace fatalities

When a death on-the-job happens, an Atlanta workplace fatality lawyer should be consulted by the family members of the person who was killed. Death benefits should be available through workers’ compensation, provided it can be demonstrated that the fatality was a work-related one. The death of a worker can be devastating for family members and all steps should be taken to prevent such a tragedy from occurring.

If the death happens, however, at least workers’ compensation can help to shield the family from some possible financial consequences associated with losing the deceased’s income.

It is relatively rare for an executive to face criminal prosecution for workplace safety violations, even when workers are badly hurt or die due to the safety lapse. Although it is unusual, it does occur sometimes. Recently, the CEO of a coal company was sentenced to a year imprisonment as well as to a fine of $250,000 and an additional year of supervision.  Safety advocates, however, believe the leniency of the sentence the CEO faced– coupled with the rarity of prosecutions like this one– make the threat of criminal prosecution an ineffective deterrent for bad behavior on the part of employers. Atlanta workplace safety violations

Employers need to have strong incentive to make workplaces as safe as possible, since thousands of workers continue to suffer injuries and fatalities each year on-the-job. When you are hurt at work or someone you love dies while performing work tasks, contact an Atlanta workers’ compensation lawyer to get the help you need recovering benefits for losses.

Can Criminal Charges Prevent Atlanta Workplace Safety Violations?

Nationwide, improving economic conditions are causing the number of workplace deaths to rise. From 2009 to 2013, the number of annual fatalities on-the-job was 4,700 or below. Preliminary data recently made available for 2014 shows this record will be broken and that the number of workplace deaths could crack 5,000 for the first year since 2008, before the economic collapse. corporate-1237899

While death rates are rising across all industry, there are some specific groups of workers who are facing the most significant increases in fatalities.  This includes police officers, older workers, and contract workers.

Family members of these employees or of any workers who have been killed while performing work tasks need to understand their legal rights and their legal options.  An Atlanta workplace fatality lawyer can provide representation to dependents, including spouses and children, whose family members were killed at work.  Contact an attorney as soon as possible following a death on-the-job to get your workers’ comp death benefits claim started.

Death benefits are available whenever an on-the-job injury or job-related illness causes fatalities. Widows, dependent children and certain other dependents may be eligible to receive death benefits as long as they can prove that job duties were the direct cause of the death. In one recent case, a court looked at whether a heart attack could be considered a work-related death after the widow of a worker alleged her husband had been “worked to death.” working-701884-m

In complex cases where it is unclear if the job was the direct cause of a fatality, it is very important for surviving family members to have a skilled and experienced workers’ compensation lawyer providing advice and assistance. Your attorney can help you to make a compelling argument for why benefits are appropriate.

Sammons & Carpenter, P.C. has provided legal representation to clients in straightforward workplace death cases as well as in more complicated situations where employers have denied a death was due to work. Call our Atlanta workers’ compensation lawyers today to learn more about how we can provide you with help after someone you love dies.

The Occupational Safety and Health Administration recently issued two citations for the death of a worker due to complications associated with heat-stroke.  There is actually no federal standard that requires employers to have a heat-stress policy in place. The citations arose out of the general duty clause because the employer failed to have an effective plan in place to ensure workers did not become dangerously hot. The citations also arose out of a requirement that companies in the construction industry train all workers to recognize and respond to potential hazards. sunlight-through-trees-1439828-m

Heat stroke is a major concern in Georgia summers and workers and employers need to ensure that they are taking steps to avoid heat-related risks.  When a worker is injured or killed on the job as a result of complications of heat, an Atlanta workers’ compensation lawyer should be consulted by the employee or his family member. A workers’ compensation claim can be made to get medical costs covered, as well as to provide wage loss or death benefits to the employee or his family members.

Employers Must Have a Plan in Place to Protect Workers from Heat-Related Illnesses

There are more than 3.7 million employees working within the state of Georgia. These workers are supposed to be protected by the Occupational Safety and Health Act, which sets minimum rules for worker safety. Labor inspectors have the job of visiting workplaces in the state and making sure that there are no violations that could result in worker injury or death. arrest

Unfortunately, according to an AFL-CIO report called Death on the Job: The Toll of Neglect, there are just 50 OSHA inspectors in the state despite the fact that there should be 379 inspectors to meet minimum benchmarks. With so few inspectors, the risk of an OSHA investigator showing up may not be enough to deter employers from allowing OSHA violations to occur on worksites.

More criminal prosecutions could make a difference by acting as an effective deterrent for rule violators, and Safety News Alert indicates that OSHA is making a major effort to step up prosecutions. Unfortunately, unless or until this effort pans out, there is simply not enough being done to protect workers from death on the job. If a death does occur, the family of the victim should consult with an Atlanta workers’ comp lawyer right away for help.