Get Free Consult
by The Stoddard Firm - February 9th, 2024
There’s no doubt that the meatpacking industry — and indeed all manufacturing industries — could be doing more to ensure worker safety. However, this responsibility does not rest on the shoulders of packing plant owners alone.
After all, industrial facilities don’t create their equipment from scratch. Most pieces of industrial equipment are off-the-shelf units, which are mass-produced, assembled, and installed by third-party companies. Management at a specific facility might not even know anything about how the machines work beyond the information provided in the instructions.
As such, a great deal of the responsibility lies with the designers of the machines.
A well-engineered piece of industrial machinery is easier to use safely than dangerously. It has thorough safety features that anticipate normal usage and are difficult to defeat.
Ideally, any part of the machine where a body part could be crushed, cut, or snagged should have physical guards to prevent this from happening. Areas where hazardous parts must be exposed should be clearly marked with warning labels. Cleaning or servicing the machine should require putting it in a mode that makes it impossible for it to activate.
When an industrial accident happens, the machine’s manufacturer should receive just as much scrutiny as the facility where it was in use.
Mar-Jac Poultry Processing has had an alarming string of worker deaths over the last few years, starting with an incident in mid-December of 2020, at a Mississippi processing plant. An employee was rushed to the hospital with trauma to his abdomen and pelvis, reportedly inflicted by a compressed air device. He underwent surgery but did not survive.
The company blamed the accident on “horse play.”
That tragedy alone would be cause enough for concern about the conditions and company culture at Mar-Jac facilities. In any potentially hazardous workplace, the employer is responsible for establishing, teaching, and enforcing safe standards of behavior. This assumes, of course, that the horse play explanation is accurate.
The next two incidents, however, resulted in the deaths of employees who were, by all accounts, simply doing their jobs.
In May 2021, an employee was dragged into a machine by a snagged shirt sleeve, and in July 2023, a 16-year-old boy was cleaning the deboning area when a machine activated, entangling and killing him. OSHA would later determine that the plant had not used the correct lockout procedures to prevent unexpected startups during cleaning.
Both of these most recent fatal accidents occurred at the Gainesville processing plant here in Georgia.
Along with a recommended OSHA fine of over $200,000, Mar-Jac is now facing a child labor investigation.
While Mar-Jac certainly seems to have plenty to answer for, it’s also important to question whether these machines were modified from their original form. And, if not, was there more the manufacturer could have done to guard against these exact kinds of accidents?
In theory, employers are responsible for maintaining safe workplaces, but in practice, they’re actually immune to almost all civil lawsuits pertaining to worker injuries.
Generally, all an employer has to do to take advantage of this immunity is approve the employee’s worker’s comp claim. This helps motivate employers to cooperate, so that workers can get a payout quickly to cover their immediate expenses. The problem is that a worker’s comp payout will typically be much smaller than what a court would award for the same damages under the same circumstances.
Employer immunity only applies to the victim’s employer, however. If another entity, such as an equipment supplier, contributed to the accident, the victim or family can sue that entity for the full value of the damages. This option remains open regardless of any worker’s comp payment.
If you are the parent of the boy who died at the Gainesville Mar-Jac plant last year, or if you have also been affected by an industrial accident in Georgia, reach out to the Stoddard Firm to discuss the possible role an equipment supplier may have played in your case. We’ll talk you through your options for collecting the fullest possible compensation.
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.
If you feel vulnerable while filling up your tank, it’s not just your imagination. According to a survey ...
It’s been a rough winter for fire safety in Georgia, full of injuries and loss. Spring is almost here, bu...
Key Takeaways Property owners can face drowning lawsuits when they neglect safety standards or allow d...
Losing a loved one is devastating. We fight for justice and compensation, offering compassionate, experienced wrongful death representation during your toughest times.
Car accidents can change lives in an instant. We fight for your recovery and compensation, ensuring your future is protected after a crash.
Truck accidents often cause severe injuries. We hold negligent drivers and companies accountable, fighting for the justice you deserve.
Injured on someone else’s property? We help you navigate premises liability claims, ensuring negligent owners are held responsible.
Defective products can cause serious harm. We stand with you to hold manufacturers accountable and secure the compensation you need.
Survivors of sexual assault and trafficking deserve justice. We provide compassionate legal support to help you reclaim your life.
Construction sites are dangerous. If you’ve been injured, we fight to ensure you receive fair compensation for your injuries and losses.
Motorcycle accidents can be life-altering. We advocate for riders, ensuring negligent drivers are held accountable for your injuries.
Burn injuries cause immense pain and long-term challenges. We fight for your recovery and the compensation needed to rebuild your life.
Injured due to poor security? We hold property owners accountable, ensuring you receive justice for their negligence.
Brain injuries can have lifelong impacts. We fight for your future, securing compensation for medical care, lost wages, and more.
Explosions cause sudden, catastrophic harm. We represent victims and families seeking accountability and compensation after serious explosion injuries and wrongful death across Georgia.
If you or a loved one has been injured due to someone else’s negligence, we’re here to help. Fill out the form below, and one of our experienced Atlanta personal injury attorneys will contact you shortly to discuss your case. Call us 678-RESULTS.
Your information will remain confidential and used solely to contact you about your case.