Georgia Injury Lawyer Blog

The Associated Press reported this week that 37 year old Jimmy Roubles of Augusta died in a construction accident when a trench caved in on him while he and a co-worker were installing pipes six feet underground. The article did not indicate whether this man was married or whether he had children. If he left dependants, they will be entitled to Georgia “death benefits” under the Georgia Workers’ Compensation Act; although the benefits are pitiful and limited.

If Mr. Roubles was married and she is the sole dependant, she is entitled to 2/3rds of the average weekly wage that her husband made, up to a maximum of $500.00 per week. She is only entitled to received those checks on a weekly basis for no more than 400 weeks, not to exceed a total of $150,000.00. If she re-marries or cohabitates with someone, the weekly benefits will be suspended. In addition, the employer/insurer will have to pay his funeral bill but only up to $7,500.00. If he left dependent minor children, they will be entitled to share in the weekly benefits; however, there are lots of rules that apply to that situation.

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The Georgia injury lawyers at Finch McCranie, LLP have seen some horrible burn injuries over the years which have resulted from automobile accidents, truck accidents, use of dangerous products and on-the-job accidents. There are few injuries more serious than burns. Burns can all too often be fatal. Even for those who survive, the degree of pain that accompanies a burn is hard to imagine. The debridement of the dead skin, necessary to prevent infection, is one of the most painful treatments in all of medicine. On top of that, burns leave serious scars that last a lifetime and often cause physical restrictions which affect the quality of life.

There are many types of burns, including electrical burns, chemical burns, full thickness burns, inhalation burns and burn caused by fire or scalding liquids. As a former claims supervisor with a major insurance carrier, I recall several terrible workers compensation injuries. One involved an explosion inside the cargo trailer of a tractor-trailer which was caused by a propane powered forklift which was leaking gas. Another case involved a textile mill employee who was scalded to death when he accidently opened a large kettle in which yarn was being dyed. This accident was caused by the failure of a safety device to operate properly. In both cases, the families of the victims collected workers compensation death benefits but also filed wrongful death lawsuits against negligent third parties.

For burn victims, proper and timely medical treatment is important, but so is timely and competent legal representation. The sooner an injury victim has legal representation, the better the odds that his/her rights will be protected.

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In the late 70's and early 80's while I was employed in the Georgia claims department of a major insurance company, we had a very significant number of workers compensation death cases. Part of the reason was that the company wrote alot of assigned risk business but another reason was that the economy was doing well. Construction was booming and there were lots of jobs, especially construction jobs. Recently released statistics demonstrate that this is not the case now..

In August, the Bureau of Labor Statistics' National Census of Fatal Occupational Injuries reported that in 2009 there were 96 workplace deaths in Georgia compared to 182 workplace deaths in 2008--- a 47% decline in just one year.

Specifically, the Bureau of Labor Statistics' National Census of Fatal Occupational Injuries broke down the causes of the Georgia on-the-job deaths as follows: 3 from fires or explosions; 14 from assaults or violent acts; 11 from contact with objects or equipment; 11 from falls; 10 from exposure to harmful substances or environments; and 47 related to transportation incidents.

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http://www.serious-injury-litigation.com/As Georgia injury lawyers who have handled thousands of workers compensation claims, few on-the-job injuries are as horrifying to us as burn injuries.

Today 11 Alive News and WSB News reported that two Georgia Power employees suffered burns today as they were replacing a utility pole in Milton, Georgia. It is thought that as the crew was drilling a new hole for the pole, they hit a natural gas line which sparked an explosion. One of the injured Georgia Power workers, who was about 35 feet up in a bucket lift at the top of the pole, jumped to try to escape the flames. He was reportedly burned over 80% of his body and was airlifted to Grady Memorial Hospital’s burn unit.

Continue reading "Two Georgia Power Men Burned in On-The-Job Accident" »

Whenever uninformed members of the public hear the words “workers compensation” “on-the-job injury” and “fraud” they almost always associate those words with an injured worker; however, most Georgia injury lawyers know that employers and insurers are sometimes guilty of fraud when it comes to workers compensation claims.

In all of our years of representing Georgia’s injured workers, one case of employer fraud stands out above all others. Several years ago we represented a young lady who worked for a large architectural aluminum building products corporation who provided systems for the commercial construction industry. Our client, who had been employed in their plant for many years, injured her back and requested authorization to see a doctor. After weeks of being ignored, the client finally called her boss and advised him that she was going to go see her own doctor. Thereafter, the plant safety manager called her at home and told her not to make such an appointment and advised her that he was going to set up an appointment with their “company doctor”. A couple of weeks after that conversation, the young lady retained our firm to represent her and we filed a Notice of Claim and a Request for a Hearing with the State Board of Workers’ Compensation. The depositions of her supervisor and the plant’s safety director were scheduled. Incredibly, both of the employer’s representatives denied, under oath, having notice of the employee’s on-the-job injury and claimed that the first notice they had came upon receipt of the Notice of Claim and a Request for a Hearing they received from our firm. What neither of the employers managers knew was that the employee had recorded the conversation with the safety manager. With the unrefutable evidence of the employer’s fraud and misrepresentations clearly documented, the employer/insurer settled the case with the injured worker under very, very favorable terms.

In the State Board of Workers’ Compensation, there is a Fraud and Compliance Unit which is charged with the responsibility of assisting the Chairperson of the State Board in administratively investigating allegations of fraud and non-compliance and in developing and implementing programs to prevent fraud and abuse. Georgia law provides, in part, that any person who knowingly and intentionally makes any false or misleading statement or representation for the purpose of facilitating the obtaining or denying of any benefit or payment under the Workers’ Compensation Act may be assessed a civil penalty of not less than $1,000.00 nor more than $10,000.00 per violation.

Continue reading "EMPLOYER FRAUD IN THE GEORGIA WORKERS’ COMPENSATION SYSTEM" »

Georgia injury lawyers know that accidents involving serious burn injuries are more common than one might think. The American Burn Association estimates that 1.1 million significant burn injuries occur every year in the United States. Most commonly, burns are caused by: automobile accidents, gas and other flammable liquid fuel explosions, scalding/hot water, electrical accidents, industrial accidents, gasoline spills, building fires, defective candles, lighters and matches; however, the causes are numerous. We have seen cases involving propane powered forklifts which leak gas inside of a parked semi-trailer and explode. We have also seen cases involving injured textile workers scalded by hot water in dye vats. Recently we represented a homeowner whose home exploded after a local propane supplier negligently filled a residential propane tank.

In most serious cases, experts in many different areas are often necessary in assisting burn victims and their families deal with the long term physical and psychological affects of these painful and debilitating injuries.

Our firm understands that your immediate concerns include getting your medical bills paid, limiting potential lost wages, and ensuring insurance coverage for future treatment of your injury. Our experienced attorneys will assess your situation and discuss all the options available to you, as well as work with insurance companies and other involved parties to ensure your needs are quicky and appropriately addressed. We will work to protect your legal rights and pursue rightful compensation for long term medical bills, lost wages, disfigurement, pain and suffering, emotional distress, mental anguish, and lost enjoyment of life. If you or a loved one have experienced a burn injury, the experienced Georgia injury lawyers at Finch McCranie, LLP (800-228-9159) for a free consultation to discuss your legal options.

Recently, we represented a gymnastics instructor in a contested workers compensation claim. The client was expected to attend and supervise gymnastics meets around the city as a part of her job duties even though she was not paid to do so. One evening while on her way home from such an event, she was seriously injured in an automobile accident. The employer/insurer took the position that she was “off the clock” and not in the course and scope of her employment from the time she left the event. Fortunately, the State Board of Workers Compensation did not agree and she was awarded benefits. This case made us think about the changing employment landscape. In the past, employers whose employees clocked in and out at work could be assured that when the employees left the job site they would be free from any obligation to their employees until the start of the next work day. However, recent technological advances and the concept of “telecommuting” have expanded the workplace into the employee’s home and personal life. The development of PDA’s, cell phones and email allows employers to stay in contact with their employees after the work day is over. Accordingly, some employers now expect employees to perform work related tasks even when they are “off the clock”. Technology has effectively turned some employees into 24/7 workers. This could be potentially good evidence for Georgia injury lawyers to develop in future workers compensation cases with some workers.

If you or someone you care about have sustained a work related injury, call the Georgia injury lawyers at Finch McCranie, LLP for a free consultation.

As Georgia injury lawyers, we have seen a number of electrocution cases over the years. Some of the electrocutions result in serious injury and many result in death. Electrocution injury can cause many problems which include, tingling, pain, tetany, palpitations, chest pain, respiratory arrest, amnesia, seizures, altered mental state, coma, blistering and wounds. This week we had occasion to investigate the electrocution of a client who is a lineman for an electric utility company. He was seriously injured when he came into contact with a “hot” wire while climbing a pole. Fortunately, he survived; however, he has been seriously and permanently injured. In his case he not only sustained serious burns, but the incident resulted in the amputation of a leg. When electricity passes from any source and into the body it can result in damage including burns. The amount of damage is determined by the strength of the current and the length of exposure. Death from electric currents passing through the body can result from fatal effects on the heart, severe external and/or internal burns or from other organ damage.
Many electrocution cases result from work-related accidents in which case the victim would have a workers compensation claim. Unfortunately, the benefits available under most workers compensation laws are woefully inadequate to compensate an injured person for all of his or her damages. Accordingly, it is important to investigate the circumstances of the incident thoroughly to determine whether the electrocution was caused by the negligence of a third-party.

The Georgia injury lawyers at Finch McCranie, LLP have, over our 45 years, represented victims of electrocution or their families when the accident result in wrongful death. We have a proven track record of success. If you or a loved one are injured or suffer a wrongful death as a result of an electrocution, you may have a legal claim against the manufacturer of a product or a negligent third-party. Call us for a free consultation at 800 228-9159.

Miraculously, there have been no reported injuries or deaths following an accident in Atlanta, Georgia. Yesterday a portion of a concrete parking deck in downtown Atlanta collapsed near the intersection of Spring and 5th Streets, damaging or destroying 38 vehicles. The deck is a pre-fabricated, pre-cast concrete structure that was built eight years ago. The cause of the “pancake collapse,” where a section of the fourth floor fell onto the third, second and first floors, is still under investigation. Although the pre-cast concrete components of the structure were reportedly designed and manufactured by Greenville, S.C.-based Metromont Corp., Hardin Construction Company was the general contractor. Hardin Construction was also the general contractor in charge of building a bridge in Piedmont Park that collapsed earlier this year resulting in the on-the-job death of one worker.
Georgia residents may recall a somewhat similar accident a few years ago when the Phillips Arena was being constructed. Unfortunately two workers were crushed to death when some of the huge pre-fabricated, pre-cast concrete bleacher sections collapsed on top of one another after being welded into position. In a professional negligence case, the Georgia injury lawyers at Finch McCranie, LLP represented the widow of an ironworker who was killed. By working with experts who had been involved in large construction projects such as the Georgia Dome and Turner Field, we uncovered the reasons for the collapse. In litigation against eleven participants in the Arena construction, we obtained a very favorable settlement for our client.
The Georgia Injury Lawyers at Finch McCranie, LLP have over 40 years of experience pursuing wrongful death lawsuits, some of which have involved highway and road defects. If you have lost a loved one and feel you have a wrongful death claim, call our experienced attorneys at 1-800-228-9159 for a free consultation.

Georgia injury lawyers see people seriously injured by dangerous products of all types. Many dangerous products result in the wrongful death of their users. A grout cleaner which was once sold by Home Depot is one product alleged to have been dangerous. Dozens of product liability lawsuits over injuries allegedly caused by the tile grout cleaning product will go forward as general negligence claims, a federal judge has decided. However, in ruling on the multi-district litigation, U.S. District Judge Thomas W. Thrash, Jr. granted summary judgment in favor of Home Depot and five companies tied to the manufacturer and distribution of Stand ‘N Seal regarding consumer product safety claims. Although Home Depot didn’t manufacture the grout sealer, it is alleged that they did not remove the product from store shelves and continued to sell it to the public after they knew or should have know it was dangerous. The case is In re: Stand ‘N Seal Products liability litigation.
If you are a loved one has been injured as a result of using a dangerous product, contact the Georgia injury lawyers at Finch McCranie, LLP for a free consultation.

When I was in high school, I was hired as a forklift driver at a textile plant. I was given no training whatsoever, had never operated a forklift and within hours was lifting huge pallets of heavy materials high into the air for placement on warehouse shelving. Fortunately, I did not injury anyone or kill myself, but I easily could have. Indeed, that same summer a high school friend of mine lost his life when he accidently drove a forklift backwards off of a loading ramp, killing himself in the process.

Just a month or two ago, here in Atlanta, I read about a news story where one employee at a car dealership was training another employee on how to drive a forklift when the co-worker overran the employee killing him. Here at Finch McCranie, we have represented individuals who were involved in industrial accidents where they were struck by forklifts inside of manufacturing facilities. These cases typically result in very serious personal injuries involving amputations, paralysis or death. Incredibility, my experience in high school is repeated over and over again as oftentimes the operator of these forklifts has been provided little or no training. Today, this is a violation of OSHA regulations. It was not in the 70's and 80's.

Forklifts are very heavy and very dangerous industrial vehicles involved every year in a large number of deaths and serious injuries in the workplace. Many of the injuries and fatalities committed while these vehicles are being operated could have been prevented if the operators had been properly trained and/or had properly protected themselves. Oftentimes, the operators of these vehicles are not wearing seatbelts and/or seatbelts are not even provided for their use. If such a vehicle overturns, because of its weight, the operator can be crushed.

Because many of these industrial accidents are preventable, proper training standards should include specified training, seatbelts, overhead protective devices, alarms and proper maintenance of these forklift trucks. If these dangerous vehicles are not properly maintained and/or the operator is not properly trained, serious accidents are foreseeable.

One reason the public may not be as aware of these types of accidents is because they are typically covered by workers’ compensation where lawsuits are not involved. If one employee injuries a co-employee, the claim is covered by workers’ compensation laws not by liability statutes. However, our firm has been involved in cases where a forklift driver injured a third party, not a co-employee, such as a truck driver or another person present on a plant’s premises when the forklift was being operated. In such cases, litigation oftentimes ensues, again, because the injuries are very serious and the victim typically is permanently disabled and unable to work again. Lawsuits can be a determent to other claims but this provides little comfort for the victim, as we have seen in the past.

If one goes on any search engine one will find the term “forklift accidents” to be somewhat ubiquitous. This is proof in and of itself that these heavy industrial machines are capable of inflicting serious injury and wrongful death if not properly operated. Regrettably, based on the number of these industrial accidents each year, we anticipate that third parties will continue to be injured by these dangerous instrumentalities at an ever increasing pace until and unless there is a greater state or federal penalty for failing to properly train the operators of these machines. OSHA penalties are typically small. Therefore, the biggest financial penalty that can be imposed as a determent may be a lawsuit and jury verdict.

Georgia injury lawyers, handling a claim for a catastrophically injured employee or the family of a deceased employee, our investigation will often reveal that the employee received injuries while working on or around a piece of machinery that caused the death, some traumatic amputation or other trauma to the employee. In such a case, the attorney must consider potential product liability claims, such as defective design, manufacture, assembly, testing or failure to warn or misrepresentation. The Supreme Court of Georgia has outlined the test for whether a product is defective in terms of risk-utility analysis. There are three (3) principal basis of recovery in product liability actions: Negligence; Breach of Warranty; and Strict Liability.

Like any other claim, actions for damages based on product liability are governed by statutes of limitations. For personal injury actions based on negligence or strict liability related to product liability, a two year statute of limitations applies. However, there is an additional limitation that an attorney representing an employee injured by a product of any kind must consider as soon as he is retained. This is the statute of repose and it functions in addition to the statute of limitations. This statute of repose is a complete band to strict liability and negligence actions filed more than ten (10) years after the date of the first sale or use or consumption of the products, regardless of when the injury occurred. Thus, an injured employee’s time to file a case could be much less than two years. The statute of repose does not apply to claims based on failure of the manufacturer to warn of product related damage.

If you or a loved one has been seriously injured on-the-job, call the Georgia workers compensation lawyers at Finch McCranie, LLP for a free consultation.

The Georgia injury lawyers at Finch McCranie, LLP who handle workers compensation cases always investigate the possibility that there is a negligent third party who can be sued and held accountable for the client’s injuries and damages. As any injured worker knows, the income benefits available under the Georgia Workers Compensation Act are limited. A worker with serious injuries is never made whole with workers compensation benefits alone. Many serious on-the-job injuries or deaths are attributable to the negligence of someone other than the employer.

For instance, increasingly, employers do not own or solely occupy the premises of an injured worker’s place of work. As a consequence, an injured worker may have claims against the owner of the premises or an entity that may jointly occupy the premises with the injured worker’s employer. The owner or occupier of a premise is liable for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe. The owners of the premises may have a duty, under a contract, to keep the premises in safe repair or repair certain equipment associated with the premises. Likewise, the owner may have actual or constructive knowledge of a dangerous condition existing on the premises.

Accordingly, when a client is injured on-the-job, careful attention should be paid to the facts to determine whether there is a viable third party to go after for full compensation. The injury lawyers at Finch McCranie, LLP have extensive experience in handling these cases. If you or a loved one has been seriously injured in an on-the-job injury, call us for a free consultation.

The Georgia injury lawyers at Finch McCranie, LLP have previously posted on the danger posed by defective grinding wheels that explode or disintegrate. When a grinding wheel comes apart, it can result in serious eye injury and even death. Although there are several reasons why these wheels fail, it is thought that many of these are inferior, imported products.

To prevent injuries, the following procedures are recommended when using grinding wheels:

* Check the wheel before each use for any cracks or chips. If any are found, discard
and replace with a new wheel.

* Perform a ring test. Wipe the wheel clean. Hold the wheel through the center hole with one finger. Using the plastic end (not rubber coated) of a screwdriver, tap the wheel on side. If it gives a metallic ring, the wheel is fine. If it is cracked, it will give a dull ring, or no ring at all.

* Always adjust the tool rest to sit no more than one-eighth (1/8) of an inch from the wheel. If it cannot be adjusted to sit at that width, the wheel is probably worn and should be replaced.

* Follow manufacturer’s instructions on replacing a wheel.

* Make sure that the new grinding wheel is rated to operate at the maximum speed of the grinder. Do not surpass the maximum speed.

* When beginning grinding, do not grind on a “cold” wheel. Apply the work gradually to “warm up” the wheel.

* Always wear the proper personal protective equipment: safety glasses/face shield, gloves, aprons.

* Use the guard at all times, no matter how small the job. Never alter or remove the guard.

* Before using a new wheel, turn it on, stand to the side, and watch for any abnormalities. It is recommended that a user allow the grinder to run for a minute before beginning to grind.

If you or a loved one has been seriously injured as a result of a grinding wheel failure, it is critically important to preserve whatever evidence is available. Accordingly, not only should the tool itself be preserved for inspection but also all of the fragments of the grinding wheel should be collected and kept so that they can be analyzed by an expert. As always, the product liability lawyers at Finch McCranie, LLP stand ready to consult with you about dangerous products.

In Georgia, worker’s compensation is essentially an insurance program regulated by the state and required of most employers. Worker’s compensation pays medical bills and lost wages for employees who have had work related accidents resulting in illness or injury.

Employees with work-related conditions or injuries are entitled, but not limited, to:

• Reimbursement of travel expenses, including mileage to and from medical appointments

• Prescription reimbursements

• Two-thirds of your weekly wage while you are unable to work and are off work up to a maximum amount (currently $500.00) set by the State

• Two-thirds of the difference between what you were earning at the time of your injury and what you are earning at the time you reach maximum medical improvement up to a maximum amount (currently $ 334.00) set by the State, if you return to work at a lesser paying, modified job.

• A physical impairment rating if your work-related condition is permanent

• Penalties if the worker’s compensation carrier does not follow certain rules

If you have had a work related accident in Atlanta, or anywhere in Georgia, contact the worker’s compensation lawyers at Finch McCranie, LLP in order to discuss your worker’s compensation claim and your benefits.

There is a common misconception that all work related injuries are solely covered by Workers’ Compensation statutory benefits. While it is true that any employee who is injured on the job while working for their employer is entitled to workers’ compensation benefits, this does not necessarily mean that the injured worker is limited to the recovery of such benefits. If a third party, such as an independent contractor unrelated to the employer, participates in a negligent or wrongful act that results in a injury to the innocent victim, there may be a claim that can be filed against that third party separate and distinct from the workers’ compensation benefits available to the injured employee for the on-the-job injury.

Oftentimes in our practice, we see situations where clients have been represented by other attorneys who have only recovered workers’ compensation benefits for them, notwithstanding the fact that there was a potential third party claim. As an example, if an employee is injured in a manufacturing plant due to a defective machine, there may be a third party product liability claim against the company that manufactured or maintained the defective machine. If the injured employee is hurt on the job because of the negligence of a third party vendor or supplier, there may be a liability claim that can be asserted by counsel for the injured employee against that third party.

It is always important in any on-the-job injury case that counsel diligently explore the possibility of pursuing third party claims. Workers’ compensation benefits are quite minimal, particularly where catastrophic injuries are involved. While the injured employee is entitled to receive repayment of their medical expenses, lost wage benefits are less than $500.00 a week. Accordingly, if someone is catastrophically injured, the only available recovery for pain and suffering and lost earning potential will be a third-party liability suit assuming a third party was a participant in the underlying act that lead to the on-the-job injury.

When dealing with a work related injury case, the victim in such a circumstance should always make sure that they confer with counsel about the possibility of third party claims relative to their workers’ compensation case. This cannot be stressed enough because often there are other avenues of recovery which experienced counsel can explore and later exploit for the injured employee. Indeed, in many catastrophic and serious injury cases, were it not for the availability of a third party recovery, the injured employee would hardly be compensated in any just manner.

Our personal injury lawyers unfortunately have seen far too many cases involving traumatic amputations. In many of these cases, the tragedy is compounded by infection that sets in shortly after the original trauma. If one loses a leg below the knee, for example, and there is an immediate amputation after the traumatic event, it is not uncommon to see subsequent amputations due to the development of infection. In some cases we have handled, there have been problems with gangrene, which required multiple amputations. The patient may start off with a below the knee amputation and end up with one above the knee.

All amputation cases arising from trauma are serious cases and must be handled with the utmost care and attention to detail. Obviously, the medical professionals have to deal with the complications caused by infections subsequent to the traumatic event but counsel must also be alert to the complicating features of such developments in each case. For example, when one develops an infection shortly after a traumatic event, they are not typically eligible to be fitted with a prosthetic device. The longer the infection lingers and the treatment necessary to treat it, the longer it is before the patient is eligible to receive the prosthesis. Studies have indicated that the length of time from the passage of the original traumatic event to the time when the patient is fitted with a prosthesis is very important because the longer the wait, the greater the difficulty for the patient. Indeed, this is one of the problems with infection because it delays the fitting of the prosthesis and thus delays the patient’s rehabilitation, sometimes with long term effects.

Whether the amputation be to a finger or a limb, the complexities of these cases are always unique to the individual patient and the case. It is imperative that counsel understand the long term sequelae of infection because such infections can have a bearing on a client’s long term prognosis and therefore their long term medical needs and vocational, physical and emotional challenges.

Traumatically induced electrical injuries are not only a common form of trauma but also complex and potentially devastating to the victim. The physical and emotional manifestations and severity of electrical trauma encompass a wide spectrum of symptoms ranging from a brief unpleasant sensation due to contact with a low intensity household current to instant death and/or massive injury from high voltage electrocution. Unlike a thermal burn, electrical injuries commonly involve multiple body systems and organs which are very difficult to manage and treat. In our serious injury and wrongful death practice we have encountered many such injuries and can attest to the fact that these cases are often complex, both legally and medically.

One of the difficulties for the victims of such injuries is the physical side. Injury due to electricity may include burns to the skin and deeper tissues, heart disturbances, and neurological problems. The higher the voltage involved, typically the worse the injury and the worse the outcome. It is not uncommon for there to be amputations associated with such occurrences.

Our firm has handled wrongful death electrocution cases where workers have been electrocuted on the job due to negligence of third parties. We have also handled serious electrical injuries where the victim survives but is left with a mountain of medical problems and bills, not to mention lost wages. As is true of any serious injury case, it is imperative that competent counsel be engaged at the earliest opportunity to protect the victim’s rights. While the victim will face a long ordeal in recovering from his or her injuries, a prompt and thorough investigation of the incident which caused the injury many times will enable competent legal counsel to provide legal relief for the victim.

The myriad forms in which these injuries can occur defy any general description. Victims can come into contact with high voltage wires, can be electrocuted by equipment and can be injured in a variety of ways while on the job. While workers’ compensation benefits are available to those who are injured on the job, where a third party is involved, in a typical liability case involving third parties, lengthy litigation may be required because an assessment of the past, present and future medical issues and associated lost wage problems necessitates a slower and more prudent approach to the resolution of such claims.

Thirteen (13) people have died (and many more injured) as a result of burns and other injuries sustained in the explosion at the Imperial Plant in Port Wentworth, Georgia. Investigators have expressed the opinion that sugar dust ignited and caused the explosion which resulted in these injuries and deaths. Because most of the people burned, injured or killed as a result of the explosion were employees of Imperial Sugar, unfortunately, they will be barred by law from suing their own employer. This is the state of law in Georgia. Workers’ Compensation benefits are available to injured employees but injured employees cannot sue their employer. The one exception to this “non-suit” rule is where a third party’s acts contributed to the injuries and/or caused the same. The employer still cannot be sued, but other “third party” companies can be sued if their acts contributed to the damages sustained.

From newspaper reports, it appears that Imperial Sugar contracted with a company called Stokes Contracting to clean sugar dust at the plant. Obviously, a full investigation would be required to see what the contractual duties and undertakings were, but assuming the newspaper reports are true, those injured and/or killed may have claims against Stokes Contracting and/or any other entity that provided such cleaning services. If the failure to properly clean the sugar dust out of the plant was a proximate cause of the explosion, then there could be third party liability claims brought against that third party, in this instance, apparently, Stokes Contracting.

Cases of this nature are always tragic for the families involved and for those seriously burned or injured. While only time will tell whether there are valid third party claims to be made, one would hope that the injured and severely burned would have remedies other than those provided under Georgia’s Workers’ Compensation statutory scheme. The Georgia Worker’s Compensation statutory scheme is quite limited in the remedies it provides to those injured on the job. For example, pain and suffering is not awarded at all and lost wage benefits are typically quite low, usually below $500.00 per week, which is very difficult for those who have been injured to live on. While Workers’ Compensation medical benefits are good, because these types of burn injuries can last for years and years, it is evident that those involved in these incidents will suffer for a lifetime and yet they receive no pain and suffering compensation under Georgia’s Workers’ Compensation scheme. This it is why it is important that someone involved in an incident of this nature confer with competent counsel to make sure that any third party remedies against third parties who may be also liable for their damages can be pursued.

Our Georgia injury lawyers are accustomed to seeing cases involving horrible injury and cases of death caused by all types of accidents but burn cases are at the top of the list. We were discussing the news accounts today in Savannah reporting that firefighters found three, and perhaps as many as six, bodies in the wreckage of a still-burning sugar refinery leveled by an explosion overnight. In addition to the death cases, dozens of employees have been injured, many critically burned. Officials suspect sugar dust, which can be volatile, as the cause of the explosion. Reportedly the explosion happened in a storage silo where refined sugar is stored until it is packaged.

Obviously all of the injured employees will immediately be entitled to workers compensation benefits, including payment of all medical bills but given the very limited disability benefits available under the workers compensation laws of Georgia, this is very little consolation to the injured. Having litigated products liability cases involving injury and death, we wonder whether there are some third parties who may be liable for this explosion. Surely, this huge sugar refinery was aware of the potential danger posed by sugar dust. Was there a system in place which failed? Was ventilation machinery defective or not properly maintained by third party entities hired by the refinery? All of these questions and more need to be explored in order to adequately protect the interests of injured workers and the families of those who died in this tragedy.