Articles Posted in Workers’ Compensation

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The Flynn Law Firm is pleased to report that it has resolved an industrial accident lawsuit brought by a Procter & Gamble employee against the Procter & Gamble Company and others responsible for designing and installing an industrial system in Augusta, Georgia.

On January 1, 2010, Plaintiff Michael Bradley was performing maintenance on a paste agglomeration (PAG) supply line when, without warning, a caustic solution used in the manufacture of household detergents struck him in the face, causing severe injury. The Defendants had a role in the design, construction, installation or maintenance of the system upon which Mr. Bradley was working at the time of his incident or, alternatively, manufactured products which were a part of that system. Procter & Gamble Company was the parent company of Plaintiff’s employer, Procter and Gamble Manufacturing Company, and was added as a separate party to the case.

The PAG system upon which Mr. Bradley was working at the time of his injury is a complicated piping system used to make paste agglomerate, an ingredient in powdered laundry detergents such as Tide and Gain. In 2004, P&G initiated “Project Flood to change the PAG system so that the paste agglomerate it created could be made using new ingredients and different processes. In the area where Michael Bradley was injured, the piping was reconfigured to allow for splitting of paste between one of two mixers. In so doing, two manual valves were moved from the fourth floor of the building to the ceiling of the third floor. Because the valves were in the ceiling of the third floor, over twenty feet from the ground, the valves were automated. Michael Bradley was injured when one of the valves failed to open Continue reading →

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American Marazzi Tile has been cited by the OSHA for violation of 25 workplace health and safety rules. The Sunnyvale, Texas based tile manufacturer must now pay $318,000 in fines or contest the charges before an OHSA review board.

The company was cited for willful violations which could have produced serious work injuries or workplace death, inclding citations for failure to provide the required machine guards for exposed belts, chains, pulleys and sprockets. Additionally they neglected to establish a lockout/tag-out system for energy sources to protect their employees from the unexpected start-up of machines. Perhaps the most powerful example of American Marazzi’s indifference to employee safety and health is their absence of a hearing conservation program for workers exposed to prolonged work-related noise of more than 85 decibels. OHSA noted the company with having 21 other serious violations.

Dangerous workplaces often require the best Georgia workers compensation lawyer when an employee is seriously injured.

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Trench collapses are a common source of Georgia workers compensation claims and workplace injury claims. Often, trenches are dug quickly, with little or no structural design required to ensure those digging are actually safe. In January, Michael Wilson, of Chester County, PA, was killed when a trench he was digging collapsed.

Recently, OSHA fined Wilson’s employer, J.D. Eckman, Inc., for failing to have trained supervisors on hand to adequately supervise the digging operation. Additionally, the two men working on the trench were not trained on the use of pneumatic jack hammers, and were using the equipment in a way which led to the collapse.
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Charles Grundy, of St. George, Utah, was killed in a workplace accident when he was hit by a front-end loader driven by a co-worker. The work injury occurred on Interstate 15 in an area near the Utah-Nevada border. According to news reports, Grundy was standing in the Southbound Lane of I-15 with his back turned while talking on his cell phone. A co-worker did not see him and simply ran him over.

When someone dies on the job, or when three or more employees are hospitalized in a single event, OSHA is automatically called to investigate. The co-worker who ran him over probably did not have adequate training, and the jobsite was obviously not adequately monitored or supervised.

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Construction accidents keep the best Georgia workers’ compensation lawyers busy, with worksite injuries becoming more and more common. Often, work injuries are not isolated incidents—and are often preventable.

One such work accident recently occurred in Knoxville, Tennessee, when Solin Estrada Jiminez was killed when a chunk of concrete fell off a support beam of the Henley Street Bridge. Jiminez was an undocumented worker for Britton Bridge, LLC.
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An unidentified electrical lineman was killed in Mifflin, Wisconsin last week after apparently coming into contact with energized power lines. The 39-year old lineman was working for a private utility contractor in the area when he suffered a life-ending work injury.

Electrical lineman are often exposed to dangerous working conditions, and, as a result, should consult the best Georgia workers compensation attorney when they suffer an on the job injury. A good workers compensation lawyer can help the injured lineman with his workers compensation case, and can also identify potential third-parties who may be responsible for the lineman’s injuries.
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February 7 marks the three year anniversary of the Imperial Sugar Refinery explosion, which caused 8 deaths and numerous Georgia work injury claims to be filed. The Flynn Law Firm represents 6 workers injured in the blast. The explosion was caused by excess sugar dust in a conveyor running under the silos at the refinery. Secondary explosions were then caused by the huge amount of sugar all over the facility. After the explosion, OSHA implemented standards on combustible dust, and specifically mandate that 1/32″ of sugar may be allowed to accumulate on surface areas. Work injury lawyers represented several claimants who were injured in the explosion.
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David Zorb, 33, of Pullman Washington was killed after a tractor-trailer fell off a hoist at an industrial facility. A second worker, Travis Deerkop, was reported to be in serious condition with severe upper body injuries.

These industrial accidents and work injuries can be caused by a variety of factors, and are often the result of several errors, by the employer, worker, and sometimes an outside contractor. If the worker was a contractor, then a claim against the prime employer or premises owner could be made. here, the maker of the hoist from which the tractor-trailer fell could be liable for manufacturing a defective product and failure to warn of the product’s dangerous propensities.

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steel workers.jpgEvery week, injured workers from Georgia and across the country call the Flynn Law Firm looking for an Atlanta Workers Compensation Attorney. Often, these workers are surprised to learn that Georgia Workers Compensation is not the only available remedy—-that they may have a third party case to file against those other than the employer.

Under the Georgia Workers Compensation system, workers hurt on the job are entitled to have their medical bills paid and a certain portion of their wages paid, and that’s it. In a third-party work injury case, an injured worker can recover the full value of their past and future medical bills, plus damages for pain, suffering, and emotional distress. In the wrongful death context, the family of someone killed on the job can recover for the full value of the life of the decedent—–a substantial sum. Workers comp. provides far less to the family of a deceased worker.

Most Atlanta Workers Compensation attorneys only practice workers comp (and administrative area of law), and don’t go to court, don’t know anything about OSHA regulations, and simply do not understand the complexities of a third-party work injury lawsuit. If you have been hurt on the job or in a Georgia construction accident, you can always call the Flynn Law Firm to obtain a free consultation and determine what rights you have against other companies besides your employer.

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A natural gas explosion ripped through a home Tuesday, destroying the structure and injuring two people. These explosions are more common that one would think, and they can cause massive damage to your home or Georgia workplace.

Natural gas leaking from an underground pipe apparently seeped into the home’s basement. The gas then gathered in the basement rafters, until something ignited it, causing the explosion.

Natural gas does not have an odor when it comes out of the ground—the odor is added by producers and distributors, as a safety measure. That odor, called “ethyl mercaptan,” is a warning agent in the event of leakage or spills. Often, when a natural gas explosion occurs and the home occupants do not escape, it’s because they didn’t “smell” the gas—often a result of the absence of ethyl mercaptan.