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by The Stoddard Firm - March 12th, 2024
The federal agency known as OSHA came into being in 1970, with the passage of the Occupational Safety and Health Act. Its stated mission is to ensure every American worker a workplace free of known health and safety hazards. Unfortunately, that noble goal has never come close to being a reality.
According to one analysis published in The American Journal of Public Health, the rate of serious, nonfatal, on-the-job accidents declined only slightly between the founding of OSHA and the year 2008. During that time, OSHA failed to mitigate the rapid introduction of hazardous new chemicals in low-income workplaces, and between the years 1993 and 2008 alone, occupational fatalities among immigrant workers from Latin America more than tripled. Today, this group is still routinely exposed to some of the most dangerous working conditions of all.
Most of OSHA’s problems over the years have boiled down to a simple lack of authority and funding. As of that 2008 analysis, OSHA was equipped to perform only about 100,000 inspections per year, out of an estimated 8 million workplaces in the U.S.
Then and now, most workplaces have essentially remained on the honor system. Even when OSHA does visit, it’s far cheaper for most companies to pay the relatively small fines they receive than it would be to make their workplaces safer. As a result of OSHA’s limited reach and the outright contempt most employers have for it, OSHA itself estimates that more than half of serious workplace injuries never reach its attention.
Now, more than a decade after 2008 and half a century after OSHA’s founding, there’s no sign of improvement on the horizon. In fact, in 2017, OSHA was denied the authority to cite workplaces for failing to keep adequate injury and fatality records.
The organization has also suffered badly under the 2017 executive order requiring regulatory agencies to eliminate two old regulations for every new one introduced. This anti-regulatory rule forces organizations like OSHA to make impossible, unconscionable choices between updating their regulations to protect workers from new threats and holding on to vital, timeless requirements concerning fall hazards and unguarded industrial equipment.
Following these deregulatory changes, serious workplace accidents rose between 2017 and 2018, breaking a five-year streak of slow but steady improvements. These data and statistics should be sufficient warning that injured workers may not be able to rely on governmental agencies to keep them safe. Although the spirit and intention behind OSHA and other safety organizations are genuine, in actual practice, their efforts fall far short of addressing safety issues and preventing them from repeating.
While OSHA’s power to protect workers may be barely more than ceremonial, the law does still recognize an employer’s responsibility to provide a safe workplace. If you’ve been injured due to your employer’s negligence, you’re entitled to compensation.
However, injured workers in Georgia are not normally allowed to sue their employers for compensation for a work injury. The workers’ comp system is the first and typically the exclusive remedy for injured workers in need of compensation. Even if the boss is negligent, the injured worker is usually barred from filing a claim or lawsuit against the employer.
The prohibition against suing your employer exists because injured workers are permitted to seek workers’ comp medical coverage and benefits without building a case based on negligence. In return for a streamlined compensation process with very few claimant obligations, workers forgo their right to sue their employer. But they also lose out on certain forms of compensation because of this prohibition. For example, workers’ comp in Georgia and every other state covers economic losses but provides nothing for intangible and non-pecuniary losses. Pain and suffering, mental anguish, and loss of enjoyment of life go uncompensated in workers’ comp claims.
However, in certain situations, a worker injured by poor safety conditions on the job may be able to receive more than what workers’ comp offers. If a third party’s negligent or unlawful actions contributed to a worker’s injuries, that worker can pursue full compensation from the third party.
In relation to employment situations, third parties are those who are present or near a worksite that aren’t employers or employees. They include:
Most businesses have interactions with third parties throughout the day in various ways. When these third parties cause dangerous situations to occur and employees are hurt as a result, the employees can pursue the third parties for compensation.
When you receive exclusive compensation from the workers’ comp system, you are entitled to only limited economic compensation to address your medical bills, lost wages, and certain associated expenses. If a fatality occurs after an at-work safety incident, death benefits may be available to the surviving spouse, children, or other dependents. Unfortunately, the lost-wage compensation only compensates you for a portion of your lost income.
Compensation from a personal injury action, on the other hand, is far more comprehensive and includes compensation for non-monetary losses. Pain and suffering, loss of enjoyment of life, and mental anguish damages are all available in a personal injury lawsuit after a work accident. However, you can file a personal injury lawsuit only against a third party in most cases.
Litigation is about more than just covering your medical expenses. By choosing to pursue justice after a preventable accident, you send a message to the responsible party, and all similarly situated negligent actors, that their ill-gotten gains do not belong to them. Civil litigation has the power to impose much more severe financial consequences than OSHA does, meaning that you, as a survivor of corporate greed, can help create a world in which ignoring regulations and endangering workers is no longer profitable.
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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