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by The Stoddard Firm - July 2nd, 2024
Paper mills can be dangerous places to work, full of heat sources, pressure vessels, heavy machinery, and hazardous chemicals.
Georgia Pacific’s paper mills are sadly no exception. Workers have died and suffered horrific injuries while working for Georgia Pacific, both here in Georgia and at the company’s other locations around the country.
If you think you may need to sue Georgia Pacific, the Stoddard Firm has paper mill accident lawyers conveniently located in Atlanta, who can help you build the strongest possible case.
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In March of this year, a Georgia Pacific employee was killed while working at the paper mill in Camas, Washington.
According to his coworkers, the 32-year-old man was working alone with a machine that had been functioning unpredictably all day. The machine was supposed to organize boxes onto pallets. After the coworkers noticed a backup of boxes on the conveyer belt, stretching all the way into the adjacent building where they were working, they went to check on the man and found him entangled in the machine.
When emergency crews arrived, the man was already dead as a result of blunt force trauma to the head, neck, and torso.
Employees noted that the deceased had apparently entered a caged-off area to service the machine, without first performing the required lockout procedure to shut down the power.
Lockout policies are essential for preventing exactly these kinds of industrial accidents. However, in order to be as effective as possible, these policies need the support of engineering safeguards.
In a workplace that’s both well-run and well-designed, the correct thing to do, the safe thing to do, and the most convenient thing to do are all one and the same. Servicing a machine without disconnecting the power is not only forbidden but extremely difficult, ideally impossible.
Fire prevention and preparation is a crucial safety concern for virtually every kind of property. Paper mills, however, handle large quantities of flammable materials on a daily basis. Machines involved in the paper making process use heat, pressure, low humidity, and combustible chemicals to get the desired results. All of this adds up to an especially high fire risk that paper mills must take all necessary steps to manage.
In September of 2023, a fire started inside a wood chip dryer at the Georgia Pacific mill in Toledo, Oregon, sending flames up through the building’s roof vent.
Only a month later, another fire broke out at the company’s mill in Palatka, Florida, this time starting from inside a digester — the machine used to break wood chips down into pulp.
Five months after that, an explosion started yet another fire at the plant in Emporia, Virginia.
Thankfully, all three of these fires prompted successful evacuations, and no one was hurt. Having a plan in place to get people out safely after a fire starts is a huge part of fire safety, and Georgia Pacific lived up to that responsibility three times out of three these past couple years.
Even so, ideal fire safety precautions should also stop most fires from starting in the first place. There’s an element of luck in every fire evacuation, especially when the fire starts with an explosion. Georgia Pacific could not have guaranteed that all of its employees would escape from these incidents unscathed.
Preventing 100% of fires may not be realistic, but failing at prevention three times in less than two years isn’t a great record for any company.
“One of the things that sets us apart is that we devote the time, energy, and thought into making sure that we maximize the value of each case we choose.”Matthew Stoddard
Not all Georgia Pacific paper mill explosions have been injury-free. At the Cedar Springs mill, right here in Georgia, employees were caught in two serious back-to-back explosions back in 2006.
The first was in April. One employee was welding pinholes on the outside of a pressurized tank full of water and paper stock, while two others watched for signs of fire from catwalks above — a common safety precaution during tasks that generate sparks.
At some point during the operation, a pressure relief valve opened in the tank, which caused one of the watchers to suffer a fatal 30-foot fall from the catwalk.
While investigating that worker’s death, OSHA identified a string of safety violations, including rusted and improperly anchored guardrails on the catwalk, failure to aim pressure-relief valves away from workers, and failure to shut down the machinery before beginning welding work. The lack of adequate shutdown/lockout procedures was a repeat offense for the Cedar Springs mill.
OSHA ultimately proposed a set of fines totaling $63,000.
Unfortunately, by the time OSHA presented these recommendations, a second employee had already been involved in a second boiler explosion in the same mill. According to his family, he suffered burn injuries to 68% of his body and required 80 separate surgeries.
Collecting full compensation after a paper mill accident in the U.S can be challenging, because worker’s comp law doesn’t allow employees to sue their employers over workplace injuries. In the case of fatal accidents, the employee’s next of kin are also barred from suing the employer for wrongful death.
Instead of a lawsuit, workplace accident survivors are entitled to a quick payout through the worker’s comp system itself. The problem is that this payout never covers the full value of the damages.
After a minor accident, when an injured worker just needs a checkup, some painkillers, and a chance to heal, the difference between a worker’s comp payout and a full settlement from a civil lawsuit might not be all that important.
After a major accident, however, when a life has been lost or altered forever, the difference could be a matter of hundreds of thousands of dollars, sometimes millions.
Thankfully, there are a few workarounds that make it possible for many paper mill accident victims and their families to sue for full compensation.
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If you’ve been injured or lost a loved one to an accident at a Georgia Pacific paper mill, you can file a lawsuit if any of the following are true:
The point of the worker’s comp system is to make it easy for injured workers and their families to get coverage for basic, immediate expenses, without having to wait through an investigation or trial. When employers get in the way of this service, they waive the protection the worker’s comp system offers them.
Employer immunity to workplace lawsuits only applies within a formal employer/employee relationship. It does not apply to relationships between companies and their independent contractors.
Big companies like Georgia Pacific don’t operate in a vacuum. The factory floor of a paper mill may belong to Georgia Pacific, but in all likelihood, the machines that make that floor so dangerous were designed and manufactured by third-party suppliers. After manufacture, those machines may have been serviced or retooled by other third-party companies. Even the mill’s own safety policies may have been devised or influenced by consultants from a third-party risk assessment service. None of these outside companies are immune to lawsuits from Georgia Pacific’s employees.
A paper mill accident lawyer can help you examine your employment relationship with Georgia Pacific, and identify any other companies that may be liable for the harm you’ve suffered.
The experts at the Stoddard Firm are passionate about making sure families affected by industrial accidents get the full compensation they need, no matter where we have to turn to claim it. To get started with a free consultation on your case, reach out any time by phone or chat.
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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