Construction Accident Attorneys

Your Claim In The Event Of A Construction Accident

Construction accidents can lead to fatalities that affect workers and non-workers alike. Compensation claims or personal injury suit an affected individual can file is dependent on the nature of the accident.

Naturally, the risks related to construction businesses are on the high side. The work is most times demanding and requiring workers to work at great heights. It is not just workers that are at risk of a construction accident as passersby are also at risk. There are myriads of things that can go wrong. Statistics from 2012 report reveals that construction accidents caused 775 deaths and 183,000 injuries in the United States alone. The number has continually increased over the subsequent years.

However, construction does not need to be dangerous all the time. There are certain safety standards every construction operation has to follow, and such standards are promoted by Occupational Safety and Health Administration (OSHA), an arm of Department of Labor.

Laws that cover personal injury that ensures an affected victim is well compensated. This law empowers an affected victim to take seek legal compensation if he or she suffers any form of injury around a construction site. What you will learn in this post, are different injury lawsuit you can file should you suffer any form of construction accident.

Construction Worker Injury

There are four set of injuries that fall under “fatal” injury category because they are responsible for two third of construction accidents that have resulted in worker’s death. The injuries are: electrocution, falls, “caught in-between” and “struck by an object”. Not until a worker gets fatally injured can a lawsuit be filed. In an event of a non-fatal injury, a worker has the right to file a lawsuit and seek compensation.

Options Available To An Injured Worker

When a worker files a lawsuit, his or her chances of success is dependent on the applicability of compensation rules in the region he or she works

Compensation For Workers

All 50 states in US design different forms of compensation for injured workers. This rule stipulates that a worker who gets injured in the course of work should be awarded some form of compensation whether the accident was as a result of negligence or not. An affected worker will benefit more if standard personal injury lawsuit is what is filed for rather than workers compensation case. Workers’ compensation isn’t so favorable for affected employees, but most employers favor it the more.

Personal Injury Lawsuit

Not all workers’ compensation lawsuits are treated the same when filed. Depending on the particular state, workers’ compensation laws do vary and usually binds between the worker and the employer. Imaging the following scenario; a worker working for a construction contractor suffers an injury while working. If he opts to sue the contractor, he will be entitled to worker’s compensation. But in the case he opts to sue the maker of the equipment that caused his injury, workers’ compensation rule will fail to hold in his case.

Injuries On Non-workers

Both workers and non-workers are at risk of suffering a construction accident. A passerby can easily get struck with debris coming from a building in construction. Road ways under construction with poor markings can lead to an accident. A child can easily get injured should he find him or herself in a construction site.

It is the responsibility of construction contractors to make pedestrian know about a looming danger in a construction site. They are not just required to provide only warnings; they have to make their construction site safe. Every contractor is at least required to observe every construction safety measure.

In some states, a contractor will be sued when they fail to adhere to stipulated safety precautions, while they can only be sued in the event of construction accidents in some other states. This means a worker can only file a lawsuit if there is evidence.

Construction Defect Lawsuit

There are times an accident will occur even after all safety precautions have been observed. For instance, a heavy object may fall off from a roof when not properly secured by a worker. The rail support on the balcony of a building may not meet construction standards thus causing a fall.

Affected persons have the right to file a lawsuit when this happens. Before filing a lawsuit, you have to first know whose negligence led to the accident that affected you. Was the fault from the contractor, architect or the construction engineer?

Compensations

With the exception of workers’ compensation lawsuit, below are entitlements an injured person can claim in the event of a construction accident

• Salaries accrued in the course of recovery from an accident


• Paid medical cost


• Financial reimbursement due to pain and uneasiness caused as a result of the accident


• Financial reimbursement due to a compromise in health of the victim

Construction Accident Attorneys

Workers Compensation Lawyers

Whether you are the injured worker or the employer/insurer, the experts at Bobe & Snell workers’ compensation lawyers are here to assist your needs.

Workers Compensation Lawyers

The Best Representation

Should you retain Bobe & Snell, you will receive our 100% commitment to cooperation, competency and caring representation.

The Best Representation

Georgia Attorneys

When it comes to finding competent ‪workers compensation‬ lawyers in Georgia trust in Bobe & Snell Attorneys at Law.

Georgia Attorneys

Entitlement To Lost Income Benefits

 These types of benefits include temporary, impairment, and lifetime benefits. Compensation for lost income seeks to replace lost income occasioned by inability to work.

Entitlement To Lost Income Benefits

Workplace Injuries

Our firm experts specialize in workers’ compensation, motor vehicle accidents, and dealing with a multitude of injuries that can happen in the workplace.

Workplace Injuries

Workplace Spinal Cord Injury

Best Plan of Action For Workplace Spinal Cord Injury

Normally, every job presents some risk of injury. There are a variety of injuries that employees can suffer while at work, and the specific industry they’re employed in can have a huge effect on which type of accidents are more likely to occur. These injuries can sometimes be life-changing, so it’s imperative for every employee to know how to respond to the presence of hazardous materials and major on-the-job accidents such as a workplace spinal cord injury.

Coping With A Workplace Spinal Cord Injury

There are various ways to deal with workplace spinal cord injuries. The most important step is to follow all doctor’s instructions thoroughly. Not doing so can hinder the healing process, and in some cases, it can even lead to a worsening of an already detrimental injury. Besides, not following instructions from a physician can lead a person to lose any worker’s compensation benefits that they may be receiving.

Although physical healing is necessary, it’s also important to stay emotionally strong after an injury. Far too many individuals withdraw into themselves after experiencing a serious accident, and this can cause stress which can hinder the healing process. It’s important for an individual to keep contact with their loved ones and even spend time outside of the house if the doctor has given the “okay” to do so.

Survival After Workplace Spinal Cord Injury

One of the most difficult parts of surviving a workplace spinal cord injury is keeping one’s finances in order. These injuries can prevent a person from working, and when medical bills related to the injury are piling up, this loss of income can be detrimental. Luckily, worker’s compensation insurance is meant to ensure that an employee isn’t financially ruined after an on-the-job accident. Unfortunately, these claims can sometimes be denied, especially with first-time applicants, which is why knowledge of the appeals process is a plus.

If an injured worker’s claim is denied, it’s imperative that they speak with an attorney. There is an appeals process to denials, but without experienced representation and additional expertise, it’s not likely that the appeal will be any more successful than the initial claim. Also, though worker’s comp insurance is meant to prevent litigation, a worker may still be able to sue their employer if their injury was caused by the willful or reckless negligence of the employer.

Serious spinal cord accidents at work lead to life-changing injuries for employees every day. An individual who sustains a spinal cord injury will obviously have to adjust to a different way of living, and this is true even if the injury isn’t permanent. Luckily, the injured person doesn’t have to face these difficulties on their own. Laws are in place that are meant to protect injured workers, and if an employer or worker’s comp insurer tries to make this difficult, a legal professional can help an individual get the help they deserve.

Workplace Spinal Cord Injury

Licensed Mediator

Glenn Bobe is a licensed mediator and specializes in mediating workers’ compensation claims

Licensed Mediator

25 Years Experience

For over 25 years, Bobe & Snell have represented both insurance companies, uninsured employers, and injured workers.

25 Years Experience

Atlanta"s Best Workers Comp Attorneys

When it comes to finding competent ‪‎workers compensation‬ lawyers in Georgia trust in Bobe & Snell Attorneys at Law.

Atlanta"s Best Workers Comp Attorneys

Death Claims Attorney

How can workers compensation attorneys help with death claims. For more information contact us today

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Workers Compensation Laws

Workers Compensation Laws – Bobe & Snell

Workers compensation laws are put in place to reward and help workers that are harmed or injured during their various working period. Expenses such as wages, medical expenses, disability payment and any other expenses that were used during the recovery period of the worker is taken care of. This is paid by the various workers but enforced by the government. The same applies to federal government workers.

Worker’s compensation laws are put in place to reduce the dispute between workers and employers that is normally resolved in courts. Without the worker’s compensation law, workers have sue their employers and show evidence that it was the work that caused their injury or sickness. Sometimes, the workers lose the case and also gets nothing, it also takes time.

On the employer’s part, they avoid the defaming and damages that may come from the lawsuit. If an employee dies or is hurt due to the employer’s lackadaisical attitude, the employer is only held responsible for is input into the system. In general, workers compensation laws program is like a compensation program that is enforced by the government.

Everything that comes good has a price, in other to enjoy worker’s compensation program, workers and employers have responsibilities to oblige to. Employers or fellow-workers cannot be sued for negligence by the employee and they also receive lower than they will from lawsuits. Employer on-their own part are to pay premiums to the state. Whether there is accident or not in place of work, this premium must be paid.

There are exceptions provided by state that enable the worker to ignore the worker’s compensation and sue their respective employer. Examples of such exceptions include; a situation where the employee was deliberately injured by the employer or the employee was harmed by exposure to toxic substance or by inferior  products. In addition, workers are allowed to file suit against a third party such as driver, landowner or subcontractor.

Steps in Contested Cases For Workers Compensation Laws

In some cases, employers might reject the claims of employees that have filed for worker’s compensation. Employers are at liberty to reject any claim by their employer that they feel is baseless or false, since the more the state pay compensation on their behalf the more the rate (premium) they pay increase. Once a claim is disputed, the state compensation board will look into the matter and arrive at a decision.

A physician from the state attends to the employee while this process is ongoing. Though the physician is not to be biased, the employee are to be aware that there is no doctor-patient privacy. Information gathered during the assessment may be used by the employer to fault the claim of the employee that the incident does not relate to the workplace, or that the injury was exaggerated.

If the board find out the case was not covered, an appeal process is initiated. Worker’s compensation department official will be the first to see to the matter.  A hearing is set up in most states that is to be overheard by an administrative law judge. The case can be overheard by a review panel if another appeal is filed. Employee can result to court if all these steps don’t yield desired result.

Employer contends cases when they feel employees are trying to exploit them even though the worker’s compensation premiums account for only 2% of running the business. The situation can go right or wrongly for the employer. Affected workers may feel oppressed and without protection.

Employing a legal council is the best way employees can protect their rights under the worker’s compensation system. The attorney is experienced in dealing with this kind of situation and it’s like the employers are self-centred. The attorney also is also familiar with how much the employee is supposed to be paid and other benefits that is to be attached.

Write Up On Worker’s Compensation Laws

Which employers need worker’s compensation?

Workers compensation laws is a way of insuring your employees so that they get compensated when they are hurt in their line of work and also get there medical bills paid. It is the state that provides the worker’s compensation law. The law determines which process if used in the worker’s compensation and which employers needs to register for worker’s compensation.

Workers have filed over thousands of FLSA due to breech of Labor laws and non-payment of overtime

In an attempt to protect the right of employees and ensuring that they are properly rewarded, The US government passed the fair labor standards act into law. The court hold any employer that failed to reward its employee for overtime job responsible. There was an increase of 3.32% from 2013 to 2014. A total of 7708 cases were filed in 2013 while a total of 7964 FLSA lawsuits were issued in 2014.

Keeping tabs on industry that are riskier

Police personnel are more likely to be injured in their line of duty than any other job. Truck drivers are among those that face death on a daily bases according to the data gathered by the US Bureau of labor statistics (BLS).

The defence base act:  the short account and explanation of the administration of benefits.

Military personnel are entitled to medical and salary replacement that were injured in their lines of duty. This is made possible by the defence base act provided by the federal government.

Are remote workers entitle to worker’s compensation

Workers are now able to work far away from the sight of their employers, thanks to technology. Most of the time, their means of communication is the phone, computers and other technological tools. Workers compensation laws are affected by this type of worker-employer relationship.

Domain of danger policy and the defence base act

Domain of danger police is view to be the matter arising involved in longshore & Harbor Workers’ incentive Act, and the domain/region Act. How is this? Have the courts been able to include these to the claims? How did this started?

 

Lapses to avoid when given report on work related injury

The action a person takes during the few days of the occurrence will give room for the overall claim. If and if the person suffers a workplace injury or accident, or have in time past been tested with profession injury.

FLSA: overtime payment calculation and bonuses

Many employers are not informed in the area or norms in the FLSA, going against this rules can land one to numerous punishment. This is written specially to the FLSA: To aid employers avoid the above punishment when calculating bonuses and overtime paid.

Is there any need for an employer to give out handbook to workers?

Employee handbook is one of the important sections of employer’s risk management strategy.

It has been the question of employer’s overtime whether or not they should issue handbook to their employees. Note this that a worker is entitled at any level to possess this handbook in its file. When an appointment is been giving to an employee, the employee is given the handbook and at the same time sign where appropriate.

Workers Compensation Laws

 

Workers Compensation Laws