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Atlanta Personal Injury Blog

Workplace accidents and wage replacement benefits

One of the most important benefits provided by the Georgia workers' compensation program is the possibility of wage replacement. For some workers who are so severely injured that they can't perform their job duties, they can ask for aid to help cover their lost wages. There are four primary forms of wage replacement under Georgia's workers' compensation law:

Temporary total disability

Are you aware of the risks of boating under the influence?

There are many lakes in Georgia, and because of the usually fine weather, people can enjoy being out on the water for much of the year. There is an exhilaration, a feeling of freedom in taking a boat out on the lake. However, when boat operators have a few drinks, they put themselves and everyone around them at risk of an accident.

Federal law prohibits boating under the influence of alcohol and applies to the operators of every kind of vessel from canoes to cruise ships.

How to heal a broken arm after a bicycle versus car accident

Imagine you're riding your bicycle along the side of the road while obeying all traffic laws. It's the early evening hours and you've turned on the headlight of your bike and you're wearing your bicycle helmet. Unfortunately, a motorist distracted by his cellphone doesn't see you and clips the side of your bike, sending you flying onto the pavement. Because you were wearing a bike helmet, you survived the fall, but not without severely breaking your arm.

A broken arm is a painful injury, but fortunately, it's not life-threatening. With appropriate medical care, your injuries will stabilize and heal. Now, the most important thing you can do is ensure that your arm heals in the healthiest way possible. Here's how doctors try to do that:

How much are workers' compensation death benefits?

When a worker dies during the course and scope of performing his or her job duties, close family members -- and financial dependents -- may be able to pursue workers' compensation claims to receive death benefits via the Georgia workers' compensation system. These benefits, which are usually paid via regular installments, can serve as a lifeline of financial support to family members who may be struggling after a primary contributor to their financial security passes away unexpectedly.

The monetary amount that family members can receive as death benefits will depend primarily on the level of income previously earned by the deceased worker. The percentage of income that will be receivable varies based on state law, but typically the total death benefit payments will be approximately two-thirds of the workers' past average income. Minimums and maximums will also apply to this amount. In some cases, family members may be able to receive a lump sum payment rather than payments in installments.

Jury awards $130 million after boy suffers brain damage

The family of a young boy has received a $130 million jury award after their son suffered brain damage while receiving treatment at a Detroit hospital. The multimillion-dollar decision was issued last Tuesday.

According to the law firm that represented the family, the botched hospital treatment happened in 2006, when employees of the William Beaumont Hospital failed to call a "code blue" in a timely fashion. This delayed giving the 2-month-old baby chest compressions, which would have been required by standard medical care practices. This caused the boy's brain to be deprived of oxygen and he contracted cerebral palsy as a result.

Do not delay reporting an injury in the workplace

If you are ever injured on the job in Georgia, even ever so slightly, you need to report the incident immediately. The report doesn't have to come the minute you are injured but it really should be done once you have been released from the hospital or the doctor's office. Make sure you do not delay reporting a workplace injury or else you could wind up losing out on workers' compensation benefits.

For the most part, your company will not have a mandatory reporting period for injuries suffered on the job. This type of mandatory period could wind up forcing employees to hide their injuries, especially if they think they missed the reporting deadline. This can lead to costlier payouts for employers.

Causes of slip, trip and fall accidents

If you fall, either by slipping or tripping, you may get an injury or worse. Falling injuries are the leading reason for emergency room visits every year. A slip, trip and fall accident can cause anything from minor scrapes and bruises to life-threatening brain injuries. 

Falls can occur practically anywhere. Due to this risk, it is important to know some of the main causes of fall accidents. Knowing the contributing factors to slip, trip and fall injuries will help you be safer wherever you go.

What damages can I pursue in a wrongful death action?

It's not possible to place a value on a human life. Each human being is a unique miracle whose value is inestimable. Nevertheless, Georgia courts are often tasked with the impossible job of finding a way to compensate family members who have lost a loved one at the hands of another party's negligence. As courts struggle with this, a monetary award is the only way they have of trying to make victims whole.

While keeping the above in mind, let's look at the kinds of things Georgia courts look at when seeking to compensate close family members of people who were killed as a result of negligence:

What demographics are least likely to use a seat belt?

According to the U.S. Centers for Disease Control and Prevention (CDC), the best way to reduce instances of motor vehicle-related deaths and injuries is for drivers and passengers to use seat belts. Nevertheless, millions of Americans make it a regular habit not to buckle up. Furthermore, the CDC claims that some demographics are more likely than others to avoid this vital safety precaution.

Here's more information about the likelihood of wearing a seat belt:

How do I prove a whiplash claim after a car accident?

We've all seen the archetypical photo of a whiplash victim with a neck brace sitting in the courtroom. However, whiplash injuries can have severe and painful effects on victims, and the medical care needed for whiplash can be costly -- too costly for some people to be able to afford. Therefore, if a negligent or unlawful motorist causes an accident that results in someone suffering a whiplash, the at-fault motorist should pay for these costs and damages under Georgia law.

If you or a family member has suffered whiplash caused by another driver's negligence, you may have a viable claim for financial damages. However, to receive a settlement or favorable court ruling, you will need to prove that (1) the whiplash occurred and (2) another party is liable.

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