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by The Stoddard Firm - September 1st, 2023
The word “accident” is not an adequate explanation for a life-altering or life-ending workplace tragedy. Yet far too often, that’s all the information that survivors receive.
Differentiating an accident from an assault should be the beginning of the search for truth, not the end. Accidents happen in warehouses because of bad safety policies, poor training, time pressure, faulty equipment, and other quantifiable problems worthy of scrutiny.
Leaving accident investigations unfinished prevents accountability, denies closure to survivors, and allows the same types of accidents to repeat themselves in the future.
Details on the death of 54-year-old Tony Lee Stafford are troublingly sparse at present. This seems to be because Golden Gourmet, the company that owns the warehouse where his accident occurred, has been uncommunicative with the victim’s family, emergency services, and OSHA.
Most of what has been shared comes from conversations between Stafford’s surviving family members and his coworkers, not from his boss or official representatives of the company.
Based on these reports, Stafford was working as a forklift operator, and was called into part of the warehouse on the morning of June 30th to assist another worker with a problem. He was attempting to take a picture of a hazardous situation when a pallet holding approximately 9,000 pounds of green beans fell on top of him.
A coworker drove Stafford to the ER at Phebe Sumter. The ER discharged him within a day, but he was admitted shortly afterward to Pheobe Putney Memorial Hospital, where he died on July 14th. At some point during his treatment, his sister visited him, finding him barely conscious with severe injuries to his face, chest, and legs.
The Sumter County Coroner followed up with OSHA four days after Stafford’s death — 18 days after the accident — and was told that no report had yet been made. He was also able to confirm that no call was made to 911.
Stafford leaves behind a wife, children, grandchildren, and a large extended family. Members of the family have, quite understandably, expressed frustration with the handling of this tragedy.
Generally, when a serious accident happens in a workplace, the victim or family is eligible for a partial settlement through the worker’s comp system. As long as the employer doesn’t interfere with that settlement, the employer is immune to being sued for the full value of the damages.
This is part of why follow-through on industrial accidents can be so perfunctory. Unlike a lawsuit, worker’s comp requires very little in the way of investigation.
Ironically, in one of the only statements Golden Gourmet has made on Stafford’s death, the company has said that Stafford was actually employed by The Staffing People, and not by Golden Gourmet itself.
While this seems like a denial of responsibility, it actually opens Golden Gourmet up to a potential wrongful death suit, because it would mean employer’s immunity doesn’t apply to them.
Even in cases where accident victims are employed by the facility where they were hurt, however, the victims and families can often sue for full compensation, with the help of a lawyer who’s willing to dig and get to the bottom of what happened.
Complex workplaces like warehouses usually depend on cooperation and components from multiple companies. When something goes wrong, there’s a good chance that someone other than the employer shares at least part of the fault, and can be held liable in court.
In the Stafford case, for example, it’s possible that the green bean pallet fell due to a defective part from a negligent supplier, or due to poor training by a different subcontractor working at the site.
If your family has been affected by a warehouse accident in Georgia, reach out to the Stoddard Firm to discuss your options. We may be able to help you uncover the truth of what caused the accident and claim the compensation you deserve.
A dedicated, ethical advocate who takes on major corporations and global insurers with virtually unlimited resources. Known for high-profile cases featured on Courtroom Viewing Network, this attorney is also a sought-after legal educator, teaching at seminars for top bar associations. Trusted by clients and media alike, they work tirelessly to secure justice and deliver results.
Member of the Atlanta Bar Association, the Georgia Bar Association, and the Georgia Trial Lawyers Association
Licensed in Georgia since: 2008
Education: University of Georgia School of Law
Personal injury compensation enables an injured individual to regain the same quality of life they had before the incident. This may entail funds for modifying a home for wheelchair accessibility or offering vocational training for those unable to return to their previous job. It is crucial for compensation to cover lost earnings and cover both past and anticipated medical costs.
We conduct interviews with colleagues, consult with attending healthcare professionals, and engage specialists to ensure we secure comprehensive compensation that aids our clients in re-establishing their life trajectories.
When deciding to hire an Atlanta personal injury lawyer, you need to consider:
1. Who’s at Fault
If you’re in an accident and it’s unclear who’s responsible, seeking advice from an attorney is wise. Insurance companies may attempt to attribute damages to you in such scenarios. An attorney can shield you from counterclaims and cross-claims, safeguarding your rights.
2. The Severity of Injuries Sustained
When facing a lifetime of pain, suffering, and mounting bills, taking chances is not an option. A personal injury attorney is entrusted with averting lifelong financial strain.
3. If You’re Facing Insurance Company Denial or Delay
The intricate laws and procedures surrounding personal injury claims are areas where insurance companies capitalize on individuals’ lack of expertise. A lawyer can provide invaluable assistance in this regard.
It’s possible but not necessarily probable and will likely depend on whether you want your case to go to trial. The majority of cases end in a settlement. Going to trial typically occurs when there are intricate, contentious matters regarding the accident’s cause or the severity of your injuries. Occasionally, defendants may simply be unyielding and unwilling to settle or you may just want more than the insurer believes is reasonable.
It shouldn’t be a shock if your attorney diligently pursues a settlement while also readying your witnesses for trial. A proficient lawyer must be equipped for any scenario. Demonstrating to the opposing party that we’re gearing up for a trial indicates that we’re resolute and not inclined to back down.
Determining all potential parties who could be held liable for a personal injury involves a thorough investigation of various factors. If someone else neglected to exercise reasonable care, they can be held accountable for the resulting injuries, as outlined in Title 51 of Georgia Code of Laws or as outlined in Georgia’s common law.
The individual directly involved in the accident may not be the sole party at fault. For instance, in the case of a drunk driving accident, while the driver may bear responsibility, the person who knowingly provided additional alcohol to an obviously intoxicated individual could also be deemed liable. In other circumstances, an at fault party’s employer is responsible for its employees actions.
Following a personal injury accident, there are critical steps you should take. First and foremost, seek prompt medical attention. Visit the emergency room or call for an ambulance at the accident site. Any delay in receiving medical care could impact your health and the outcome of your personal injury case.
Refrain from discussing your case with the insurance company representing the at-fault party. They may deny your settlement or offer a significantly lower amount than you deserve.
Additionally, it’s crucial for both you and your personal injury attorney to gather as much evidence and documentation as possible. This is vital in establishing that your injuries resulted from someone else’s negligence. Make an effort to collect records and documents related to your case, including medical records, police reports, photographs, witness contact information, and similar items. Once you’ve received medical attention, contact The Stoddard Firm.
Do not say anything! If an insurance company contacts you, refrain from providing any information until you have consulted with your attorney. Insurance companies typically contact accident victims in an attempt to elicit a statement about the incident, which they may use to devalue the settlement.
While you may eventually need to converse with them, seeking guidance from a seasoned legal team is crucial. They will provide clear instructions on what you should and should not disclose to protect the value of your case.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was revised and approved by Attorney Matthew B. Stoddard, who has more than 16 years of legal experience as a personal injury attorney.
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