According to the Federal Department of Labor (DOL), approximately 3 million workers are injured on the job each year, and more than 4,500 are killed. Many of these accidents are caused by falling objects. In fact, the DOL has labeled falling objects as one of construction’s “fatal four” types of accidents. If you or a loved one has been injured by a falling object at a work site, you should be aware of your legal rights and options. Williams Elleby Howard & Easter, is dedicated to getting accident victims the compensation they deserve. To schedule a free case evaluation, call 833-LEGALGA today.
Falling Object Injuries on Work Sites
Whenever work is being done on multiple levels, there is always the risk that debris will fall or objects will be dropped, even when workers are using reasonable care. Severe injuries from falling objects at work sites often can be blamed on the failure of workers to wear a hard hat. Workers should always wear a hard hat when there is even a small possibility of falling objects.
Employers have a duty under OSHA regulations to maintain a safe work site and ensure that workers have the proper protective gear. Workers have a right to request an OSHA safety inspection if they feel conditions are unsafe, and employers are forbidden from retaliating against workers that make such a request.
Ultimately, however, for workers covered by Georgia’s Workers Compensation Law, a determination of fault is ultimately irrelevant in most cases. This is because under this law, workers automatically receive benefits when they are injured on the job, regardless of who is at fault. However, compensation is also limited.
Georgia’s Workers’ Compensation Law
Workers’ compensation functions by providing workers injured on the job with automatic compensation for harm and with benefits if they become disabled. Workers’ compensation insurance also provides benefits to dependents if a worker dies as a result of a job-related injury. The trade off, however, is that workers are prohibited from bringing lawsuits against employers (or co-workers) if they suffer harm in the course and scope of their employment.
Determining whether workers’ compensation applies is often complicated. In the State of Georgia, any employer with three or more employees is required to carry workers’ compensation insurance. When jobs utilize contractors and subcontractors, it is often unclear at first whether a particular worker will be covered by the law. The experienced personal injury attorneys at Williams Elleby Howard & Easter, help worksite accident victims navigate the law so that their rights are protected.
Non-Worker Victims of Harm
Non-workers are not, of course, covered by Georgia’s Workers’ Compensation Law. For instance, if a pedestrian strolling past a construction site is struck by a falling object, they are free to bring a negligence claim against the party or parties responsible. In cases where debris falls from a building, a premises liability claim could be brought as well. Premises liability claims can be brought when property owners are at fault for failing to ensure that their property is free from unreasonable hazards.
Damages in a Personal Injury Suit
Georgia personal injury law is intended to fully compensate victims for their harm. Compensation from a personal injury lawsuit, also called damages, is intended to pay for things like medical expenses, lost wages, and pain and suffering. In cases where a defendant exhibited intentional or reckless conduct, punitive damages may also be possible. However, it must be remembered that personal injury victims covered by the Georgia Workers’ Compensation Law will be strictly limited to the compensation permitted under that law.
For More Information, Contact Williams Elleby Howard & Easter
Worksite accidents can be devastating, particularly when caused by falling objects. Victims need the support of qualified and experienced legal counsel on their side. The experienced personal injury attorneys at Williams Elleby Howard & Easter, work hard to get accident victims the compensation they deserve.
Located in Kennesaw, Georgia, Williams Elleby Howard & Easter, serves clients throughout the State of Georgia. If you or a loved one has suffered an injury at a work site due to a falling object, the attorneys at Williams Elleby Howard & Easter, can help you understand what possible claims you may have and work to get you the compensation you deserve. To schedule a free consultation, call 833-LEGALGA today.
