Georgia Injury Lawyer Blog

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.

As a Georgia injury lawyer for over 20 years, I have represented the dependants of many workers who have died as a result of on-the-job accidents. These Georgia workers compensation claims for death benefits arise from every imaginable type of industrial accident. As an example, I read that a Macon, Georgia man died in a gravel truck accident that occurred on Monday afternoon in Dodge County. The man was reportedly unloading gravel for road construction on Georgia Highway 117. According to Georgia State Patrol, the dump truck trailer was parked on a slope and apparently fell over on him. There were apparently no witnesses to the accident; however, a customer at a nearby store noticed the overturned truck which led to the discovery of the worker’s body. If the deceased worker had dependants they may be entitled to benefits which are available under the Georgia Workers Compensation Act.

Since 1966, the Georgia Injury Lawyers at Finch McCranie, LLP have tried and won countless worker’s compensation claims for Georgia victims of on-the-job injuries. We always offer free, no obligation consultations. To speak to a Georgia worker’s compensation lawyer at Finch McCranie, LLP, call us today at 1-800-228-9159.

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.

When the Georgia injury lawyers at Finch McCranie, LLP represent an injured employee in a workers compensation case we always look to see if there is a liable third party that can be sued. Under Georgia law, workers compensation benefits are limited and rarely, if ever, fully compensate an injured worker for all of the injuries and damages sustained.

Recently I read about a Chicago area wrongful death case involving a BMW car salesman who was killed in an automobile accident while accompanying a 20 year old potential car buyer on a test drive of a BMW automobile. According to court testimony, the driver was driving at 95 miles per hour when he crashed the car, killing the car salesman. The family of the salesman sued and a Chicago jury returned a verdict of 13.7 million dollars in their favor.

Other potential third party cases might involve defective or dangerous products that a worker might be using that cause serious injury or death. If you or a loved one has been serious injured in an on-the-job injury you should consult with the workers compensation lawyers at Finch McCranie, LLP to protect your rights.

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.

As Georgia injury lawyers at Finch McCranie, LLP representing victims of trucking accidents, automobile accidents, and workers compensation accidents we often see our clients who cannot work because of serious injuries, fall behind in paying their bills. When that happens they often start getting calls from collection agencies and even lawyers attempting to collect. Sometimes these collections people cross the line and violate the law.

This week I read an article about a man with a disabling brain injury and no money who told a debt collection lawyers that the time for seeking payment had expired and that the suit that had previously been filed to collect the debt had been dismissed. Notwithstanding that conversation, the law firm sued him anyway, trying to collect a credit card debt on behalf of the creditor. He hired a lawyer, got the collections suit dismissed and then sued the collections law firm for violating debt collections laws. A jury awarded him $311,000.00!

The Fair Debt Collection Practices Act, often referred to as the "FDCPA", was passed by Congress in 1977 in response to abusive conduct by collection agencies, and concern that the abuses were causing an increase in the filings of personal bankruptcies. The purpose of the Act is to provide guidelines for collection agencies which are seeking to collect legitimate debts, while providing protections and remedies for debtors. The FDCPA applies to personal, family, and household debts, including debts associated with the purchase of a car, for medical care, for retail financing, for first and second mortgages, and for money owed on credit card accounts. Please note that most states have similar laws, which typically proscribe the same types of misconduct by debt collectors and which may cover a broader range of debts than the federal law.

The Act regulates the conduct of debt collectors: any person who regularly collects debts owed to others. This definition includes lawyers who perform debt collection services on a regular basis. Even where money is legitimately owed, a debt collector's conduct is restricted by this law. In-house collection agents are not ordinarily covered by the Act. For example, if you have a store credit card, and the store's own collection department contacts you, the FDCPA does not apply. However if the same store uses an outside collection agency to contact you in relation to that same debt, the outside agency's conduct is restricted by the FDCPA. Similarly, if the same store uses an in-house collection agent, but suggests to you that the collection is being performed by a third party, the FDCPA may apply to them as a result of that representation. Please note that there may be other laws in your state which restrict the conduct of in-house collection agents.

In order to prove violations of collections laws a consumer MUST document all communication with the collector. If you do not have a way to record telephone calls coming into your home - get one and don’t erase anything on it.

The Georgia injury lawyers at Finch McCranie, LLP have represented many victims of traumatic brain injury resulting from serious automobile accidents, tractor trailer accidents, workers compensation accidents, ATV/All Terrain Vehicle accidents, motorcycle accidents and premises liability accidents. A traumatic brain injury (TBI) is caused by a blow or jolt to the head or a penetrating head injury that disrupts the normal function of the brain. Not all blows or jolts to the head result in a TBI. The severity of a TBI may range from “mild,” i.e., a brief change in mental status or consciousness to “severe,” i.e., an extended period of unconsciousness or amnesia after the injury.

What many people do not realize is that major depression is a complication seen in about one-third of patients within the first year of a TBI and when present, is associated with poor psychosocial functioning and persisting post-concussive symptoms. Major depression is associated with substantial psychosocial dysfunction and post-concussive symptomatology following traumatic brain injury. Medication has been and is still prescribed to treat this complication; however, in a recent large clinical sample of patients with symptoms of major depression, anti-depressant medication has been shown to lead to the remission of symptoms in a minority of patients.

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.

As a Georgia injury lawyer I continue to be outraged by the “tort reform” laws passed by the mostly Republican, pro business legislature in this State. Most ordinary citizens, Republican and Democrat, have no idea what the medical profession, insurance industry and Georgia politicians have done to limit, if not eliminate their ability to be fully compensated in the event that they are injured and damaged as a result of the negligence of someone. Only when they are injured as a result of automobile accidents, tractor trailer accidents or medical malpractice, do they find out how their rights have been seriously curtailed or eliminated. Only then do they become outraged. Unfortunately, by then it is too late.
A prime example of the damage done by the Georgia Legislature is the case of Cheon Park, a retired, 59-year old restaurant owner who fell from a ladder at his home in 2006. After falling, he was taken to WellStar Douglas Hospital, Park complaining of neck, shoulder and pelvis pain. He was x-rayed, treated for a dislocated shoulder and discharged that same day. Later that day, Park’s pain grew worse. He began showing signs of neurological damage and was taken to Grady Hospital where they found massive damage to his spine-damage that left him a quadriplegic. Park sued WellStar for medical negligence, challenging the $350,000.00 cap on non-economic damages that was approved as part of Georgia’s Tort Reform in 2005. Non-economic damages are compensable for intangible injuries, such as pain and suffering, disfigurement, and loss of the enjoyment of life. In April 2008, Fulton County Judge Marvin Arrington, Sr. overturned the $350,000.00 cap, on the basis that the statute did not guarantee “equal protection” and reasonable compensation for people in Park’s situation. WellStar appealed the decision to the Supreme Court of Georgia; however, four (4) days before they were due in Court, WellStar withdrew the appeal and settled the case with Park for an undisclosed sum. As a result, the $350,000.00 cap remains in place because no case has yet to make it through the appellate system to have the statute declared unconstitutional. Hopefully, the right case will eventually reach Georgia’s highest court so that people who are injured by medical negligence through no fault of their own can be awarded enough damages to make them whole to the extent that can be accomplished with money.

Georgia injury lawyers who have handled automobile accidents, trucking accidents, and even workers compensation cases, where a person has suffered a serious injury to the head, often hear their clients complain about the same symptoms. We recently represented a women whose automobile was rear-ended by another vehicle. Upon impact, her head slammed into the headrest of the seat. Although she did not immediately experience visual problems, she began to experience double vision within a day of the collision. Experience demonstrates and the medical literature documents that a person who has suffered a traumatic brain injury (TBI) or cerebral vascular accident (CVA) may often experience difficulties with balance, spacial orientation, coordination, cognitive function, and speech. In most cases, a referral for visual consultation only occurs if there is an injury to an eye or if ocular pathology is suspected. Persons with TBI or CVA frequently will experience double vision, movement of print or stationary objects such as walls and floors, eye strain, visual fatigue, headaches and problems with balance, to name several. Frequently, people will report problems with their vision to rehabilitation professionals and be referred for eye examination. Unfortunately, many will be told that there is nothing wrong with their eyes and that it is the effects of their TBI or CVA. Others will be told that their symptoms are not related to their vision. Visual problems are among the most common sequella following a TBI or CVA, but frequently not dealt with I a timely manner. If you or a loved one have been involved in an accident of any type involving trauma to the head, you should be aware of the many symptoms that might indicate a TBI. The injury lawyers at Finch McCranie, LLP are experienced at handling TBI cases. If you have been injured as a result of the negligence of someone, please call us at (800) 228-9159.

Georgia injury lawyers who have handled automobile accidents, trucking accidents, and even workers compensation cases, where a person has suffered a serious injury to the head, often hear their clients complain about the same symptoms. We recently represented a women whose automobile was rear-ended by another vehicle. Upon impact, her head slammed into the headrest of the seat. Although she did not immediately experience visual problems, she began to experience double vision within a day of the collision. Experience demonstrates and the medical literature documents that a person who has suffered a traumatic brain injury (TBI) or cerebral vascular accident (CVA) may often experience difficulties with balance, spacial orientation, coordination, cognitive function, and speech. In most cases, a referral for visual consultation only occurs if there is an injury to an eye or if ocular pathology is suspected. Persons with TBI or CVA frequently will experience double vision, movement of print or stationary objects such as walls and floors, eye strain, visual fatigue, headaches and problems with balance, to name several. Frequently, people will report problems with their vision to rehabilitation professionals and be referred for eye examination. Unfortunately, many will be told that there is nothing wrong with their eyes and that it is the effects of their TBI or CVA. Others will be told that their symptoms are not related to their vision. Visual problems are among the most common sequella following a TBI or CVA, but frequently not dealt with I a timely manner. If you or a loved one have been involved in an accident of any type involving trauma to the head, you should be aware of the many symptoms that might indicate a TBI. The injury lawyers at Finch McCranie, LLP are experienced at handling TBI cases. If you have been injured as a result of the negligence of someone, please call us at (800) 228-9159.

The Georgia Injury lawyers at Finch McCranie, LLP have seen many automobile accidents and tractor trailer accidents which have left victims with a diagnosis of traumatic brain injury (TBI). Some clients have suffered from major, catastrophic brain injury while others have what would be considered as mild TBI. The signs and symptoms of a TBI can be subtle. Symptoms of a TBI may not appear until days or weeks following the injury or may even be missed as people may look fine even thought they may act or feel differently. The following are some common signs and symptoms of a TBI:

Headache or neck pain that do not go away;
Difficulty remembering, concentrating, or making decisions;
Slowness in thinking, speaking, acting, or reading;
Getting lost or easily confused;
Feeling tired all of the time, having no energy or motivation;
Mood changes (feeling sad or angry for no reason);
Changes in sleep patterns (sleeping a lot more or having a hard time sleeping); Lightheadedness, dizziness, or loss of balance;
Urge to vomit (nausea);
Increased sensitivity to lights, sounds, or distractions;
Blurred vision or eyes that tire easily;
Loss of sense of smell or taste; and
Ringing in the ears.

If you or a loved one have been involved in an accident of any type involving trauma to the head, you should be aware of the many symptoms that might indicate a TBI. The injury lawyers at Finch McCranie, LLP are experienced at handling TBI cases. If you have been injured as a result of the negligence of someone, please call us at (800) 228-9159.

Not a month goes by that the Georgia injury lawyers at Finch McCranie, LLP don’t run into serious automobile accident or tractor trailer accident cases where our client has sustained a traumatic brain injury to some degree. These can occur from all types of accidents, including workers compensation accidents, ATV/All Terrain Vehicle accidents, motorcycle accidents and premises liability accidents.

A traumatic brain injury (TBI) is caused by a blow or jolt to the head or a penetrating head injury that disrupts the normal function of the brain. Not all blows or jolts to the head result in a TBI. The severity of a TBI may range from “mild,” i.e., a brief change in mental status or consciousness to “severe,” i.e., an extended period of unconsciousness or amnesia after the injury. According to the Centers for Disease Control (CDC), TBIs contribute to a substantial number of deaths and cases of permanent disability annually. Of the 1.4 million people who sustain a TBI each year in the United States, 50,000 die; 235,000 are hospitalized; and 1.1 million are treated and released from an emergency department. Among children, ages 0 to 14 years, TBI results in an estimated 2,685 deaths; 37,000 hospitalizations; and 435,000 emergency department visits annually. The number of people with TBI who are not seen in an emergency department or who receive no care is unknown. Interestingly, the two leading causes of TBI are falls (28%) and motor vehicle crashes (20%).

If you or a loved one has sustained a severe head injury in an accident, contact the experienced lawyers at Finch McCranie, LLP. (800) 228-9159

Georgia injury lawyers who represent victims of spinal cord injury (SCI) see the devasting results of truck accidents, automobile accidents and on-the-job or workers compensation accidents. According to the National Spinal Cord Injury Association, as many as 450,000 people in the United States are living with a spinal cord injury (SCI). Every year, an estimated 11,000 SCI's occur in the United States. Most of these are caused by trauma to the vertebral column, thereby affecting the spinal cord's ability to send and receive messages from the brain to the body’s systems that control sensory, motor and autonomic function below the level of injury.

According to the Centers for Disease Control and Prevention (CDC), SCI costs the nation an estimated $9.7 billion each year. Pressure/bed sores alone, a common secondary condition among people with SCI, costs an estimate $1.2 billion. While there are advances in emergency care and rehabilitation which allow many SCI patients to survive, methods for reducing the extent of the injury and for restoring function are still limited. Currently there is no cure for SCI. Therefore, prevention of SCI from happening in the first place is key.

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.