Atlanta Industrial Accident Lawyer

Industrial jobs are essential to the economy, but they inherently involve significant risks and dangers to workers. Accidents in industrial settings, such as manufacturing plants and construction sites, can result in severe and even fatal injuries. In Georgia alone, workplace accidents tragically resulted in 193 deaths in 2020 alone. If you or a loved one has suffered a life-altering injury in an industrial accident in Georgia, understanding your rights and legal options is crucial. Navigating the complex legal system and dealing with insurance companies while recovering can be overwhelming, but the good news is you don’t have to do it alone. Let the Atlanta industrial accident lawyer team at Merritt & Merritt Law Firm, handle the legal system so you can focus on recovering. We offer a free consultation to discuss your case with one of our experienced attorneys when you call us at 404-975-1775. 

What Constitutes an Industrial Accident?

Industrial accidents occur in workplaces like factories, warehouses, and construction sites. These environments often involve heavy machinery, dangerous chemicals, and complex processes that can pose serious hazards. Examples of hazards at industrial workplaces include dangerous or unguarded machinery, chemicals, heavy lifting, extreme temperatures, slippery floors, or inadequate security. Unfortunately, even when strict safety regulations are followed, tragic accidents can still happen in the workplace. 

Common causes of industrial accidents in the workplace could include explosions, fires, electrocution, failure to follow safety protocols, inadequate maintenance, defective machinery or equipment, falling objects, structural collapses, and exposure to toxic substances.
These common occurrences could lead to injuries that are often severe and can have life-altering consequences. Beyond immediate injuries like abrasions, electrocution, and burns, these incidents can lead to debilitating conditions that could require lifelong care. Some serious injuries that are commonly resulting from industrial accidents include amputation or lost limbs, brain and head injuries, spinal cord injuries leading to paralysis, severe burns, hip injuries, and back injuries. 

Getting medical attention for these injuries could turn into a long and aggravating process, which could in turn cause detrimental strain on you or your loved ones. Adding the stress of navigating the complex legal system to obtain compensation you need to financially recover should not be an added stress. Let an Atlanta industrial accident lawyer handle your legal problems so you can focus on recovering. Call us today at 404-975-1775 to discuss your case and see how we can help you. 

What to Do After an Industrial Accident

If you are injured in an industrial accident, taking the following steps immediately is crucial to protect your health and your legal rights. 

1. Seek Immediate Medical Care: Your health is the priority, which is why you should get medical attention right away, even for injuries that seem minor, as some symptoms may appear later. Follow all of the doctor’s instructions, as medical records are vital evidence. 
2. Notify Your Employer: Report the injury to your employer as soon as possible. In Georgia, you must provide notice, at least verbally, within 30 days for workers’ compensation. 
3. Collect Evidence: Safely gather as much information about the accident as you can. 
4. Contact an Atlanta Industrial Accident Lawyer: Seek legal advice from an experienced attorney as soon as possible. Our attorneys at Merritt & Merritt Law Firm  can guide you through the entire process, ensure deadlines are met, protect your rights, and fight to maximize your compensation. Call 404-975-1775 today for a free consultation. 

Your Legal Options for Compensation in Georgia

If you are injured in an industrial accident in Georgia, you typically have two main legal avenues to pursue financial recovery: workers’ compensation and potentially a third-party personal injury claim. These two avenues have different legal standards and timelines. When you call an Atlanta industrial accident lawyer at 404-975-1775 for a free consultation, our attorneys can discuss your case and determine which avenue is right for you so you don’t miss your opportunity to get compensation. 

What to Know About Workers’ Compensation

Georgia’s workers’ compensation system is designed to provide benefits to employees who suffer work-related injuries or illnesses. This is generally a “no-fault” system, meaning you can pursue benefits regardless of who was at fault, as long as the injury occurred on the job. Workers’ compensation can cover necessary medical expenses with no caps in Georgia, provide partial wage replacement if you miss work, offer disability benefits for permanent impairment, vocational rehabilitation for job retraining, and death benefits for dependents in fatal cases.

To receive workers’ compensation benefits, you must follow specific procedures. Failure to do so will typically forfeit your option for compensation recovery. In order to apply for workers’ compensation in Georgia, you must typically notify your employer of the injury within 30 days. While a verbal report is a first step, proper documentation must also be filed with the Georgia State Board of Workers’ Compensation, which generally needs to be filed within 1 year. 

In cases of very severe injuries, your injury may be classified as “catastrophic” under Georgia law, which can entitle you to lifetime medical treatment and weekly income benefits for life. An Atlanta industrial accident lawyer can help ensure your injury is properly classified, and get you the compensation you need. 

What to Know About Third-Party Personal Injury Claims

In addition to a workers’ compensation claim, you may be able to file a personal injury claim or lawsuit against someone if they were at fault for your accident. This could include the manufacturer of faulty equipment, a maintenance contractor, a property owner responsible for conditions at the job site, or another negligent party.

Unlike workers’ compensation, you must establish fault (liability) to recover damages from a third party. The damages that you could recover include medical expenses, lost income, property damage, and non-economic damages like pain and suffering, emotional distress, mental trauma, and loss of enjoyment of life. In cases of gross negligence or willful misconduct, punitive damages may also be awarded to punish the at-fault party.

Important Georgia Personal Injury Laws

If you pursue a personal injury claim in Georgia, two key legal concepts are the statute of limitations and comparative negligence. 

• Statute of Limitations: Georgia has a time limit for filing personal injury lawsuits, generally two years from the date of the injury. Missing this deadline usually means losing your right to seek compensation through a lawsuit. Shorter deadlines may apply if a government entity is involved.
• Modified Comparative Negligence: Georgia follows a modified comparative negligence rule. This means if you are found to be 50% or more at fault for the accident, you cannot recover any damages. If you are found partially at fault but less than 50%, your compensation will be reduced proportionally to your percentage of fault. For instance, if you are 10% at fault and your damages are $100,000, you would receive $90,000. An attorney can work to reduce your assigned percentage of fault.

These legal concepts and deadlines are imperative to know, and having an Atlanta industrial accident lawyer will guarantee you never miss any important deadlines. 

Independent Contractors

If you are classified as an independent contractor, you are generally not eligible for workers’ compensation benefits in Georgia. However, if you are injured on the job due to the employer’s negligence, you may be able to pursue compensation through a personal injury claim. If you believe you have been misclassified as an independent contractor and should be an employee, legal assistance from an Atlanta industrial accident lawyer will be crucial to prove your employment status and pursue workers’ compensation.

Why Choose Merritt & Merritt Law Firm?

An industrial accident can dramatically change your life, as not only do you become injured from the accident, but you also will have to deal with complex and confusing avenues to recover your compensation.  After an injury from an industrial accident, you most likely will have to navigate the aftermath of a serious industrial accident, understand complex legal options, deal with insurance companies whose goal is often to minimize payouts, and meet strict legal deadlines to get any kind of compensation for your injuries. This is why choosing an Atlanta industrial accident lawyer is so important. 

You deserve proper compensation and support to cover your medical expenses, lost wages, and all the other ways the injury impacts you. Understanding your rights under Georgia’s workers’ compensation and personal injury laws is crucial, but navigating these laws and dealing with insurance companies can be incredibly complex. 

Fortunately, you don’t have to face it alone. The experienced Atlanta industrial accident lawyer team at Merritt & Merritt Law Firm are here for you when you need us the most. Don’t try and take on your compensation case alone, trust our experienced attorneys to deal with the legal matters so you can focus on recovering. Call Merritt & Merritt Law Firm today at 404-975-1775 to discuss your case for free, and see how we can help you get the most out of your compensation.