christopher-burns-360244-copy-300x200When an employee is injured at work, he or she is entitled to workers’ compensation benefits according to Georgia law. One additional benefit that accrues once a person is injured at work is that those benefits can extend to the worker’s dependents going forward, even after death. Dependents are defined under the law as the dependent parents, children, or spouse of the injured worker. If you have questions about a family member’s eligibility to collect your benefits, reach out to an Atlanta workers’ compensation lawyer today.

The workers’ compensation scheme is an important one to ensure that our economy functions properly. It was adopted by states in the United States as a replacement for injured workers suing their companies under the provisions of personal injury law, and sets up a system where employers pay insurance premiums for all their workers, which prevents companies and workers from engaging in drawn-out lawsuits over every injury incurred.

Denial of Workers’ Compensation Benefits

brandon-wong-263419-copy-200x300For some who have suffered a personal injury in Georgia, they may have encountered a legal doctrine known as avoidable consequences. This is a defense that those who cause an accident or injury use to shift the blame from them to a victim. It is one of many reasons why if you are injured in an accident, it is better to get advice and representation from an Atlanta personal injury lawyer instead of going it alone.

The primary law about avoidable consequences can be found in OCGA § 51-11-7. That section of Georgia law provides that if a plaintiff could have avoided a personal injury caused by the defendant by taking ordinary care, then he or she is not entitled to recover from the defendant. This is a harsh legal doctrine that can obstruct a victim from getting his or her just due from a person who causes a personal injury.

Examples of Avoidable Consequences

stefan-machler-440749-copy-300x169What happens to the victim of an accident when it is not necessarily another driver, but the driving conditions that caused an accident? The driving conditions in this case is not the weather, but roads, sidewalks, signs, and other parts of the driving experience that can lead to two drivers colliding through little or no fault of their own. In cases like these, it is important to get advice from the right Atlanta personal injury lawyer.

The issue of dangerous roads and liability was addressed by a Georgia Court of Appeals in a recent decision. In their opinion, the court reviewed the law regulating dangerous roads and maintaining safe conditions for drivers. The court also showed why a government can be held liable for dangerous conditions that cause an accident.

Incapacitating Injuries

andrew-worley-301402-copy-300x200Driving without the proper amount and kind of car insurance is against the law in Georgia. Despite that fact, many drivers take the risk and operate their cars without the needed insurance. Not only do drivers have to protect themselves and others by getting insurance before driving, but they should also consider insurance in the event they are in an accident with another driver who is uninsured or underinsured. An Atlanta car accident lawyer can help answer any questions about what exact kinds of insurance are best for you.

As will be demonstrated below, the required minimum for insurance coverage in Georgia is just a beginning. According to Georgia law, the following are the limits needed to operate a car in Georgia:

  • Bodily injury liability: $25,000 per person and $50,000 per accident;

dan-gold-240112-copy-169x300It is no secret that dogs are hugely popular as pets in this country. We see them everywhere, even in places where we would not have seen them years ago, such as on airplanes. Whether at the grocery story, park, or church, people’s pets now go everywhere their people go. Often labeled as emotional support animals, it is not uncommon to see a dog in every imaginable place. Without commenting on the merits of this shift in our culture, it is evident that with an increased presence of service and other support dogs comes an increase in biting incidents with those dogs. This is what we learned from a recent, horrific story of a dog attack on an airplane taking off from Atlanta International Airport. The case has been referred to an Atlanta dog bite lawyer, and for good reason..

Dog Attacks Airline Passenger

According to reports coming out of Atlanta, a combat veteran with an emotional support dog was seated in the aisle and middle seat of an airplane bound for San Diego. Another passenger, a man, was seated next to the window when the large dog began to growl at him. Minutes later, the dog began attacking the man, biting his face. The attack lasted for several minutes, and the man is now awaiting plastic surgery to reconstruct his face.

bethany-legg-14229-copy-300x200A few years ago the transportation-for-hire business was turned upside down with the advent and widespread use of new smartphone technology for sharing rides. What started out as an application on the phone to share rides with people traveling from one place to another has become the number one choice for paying for rides and getting from point A to point B. This is true across the country, from big cities like Atlanta to small towns. With this increased presence has come increased exposure to liability for the ridesharing companies. In the past, when a taxi driver took passengers from place to place, the driver and his company faced the liability possible when an accident occurred. Now that those drivers have been largely supplanted by rideshare drivers, the liability has been shifted to those drivers and to the ridesharing companies, as well. If you have been involved in a accident involving a driver for a rideshare company, contact an Atlanta car accident lawyer right away.

Conflicting Reports

Despite this clear reality, there are conflicting reports about whether ridesharing companies should be held liable when their drivers get into accidents. One recent report from Time.com included an account of the author, who was actually hit by an Uber driver when running down the street. She was fine from the accident, but it caused her to wonder whether, if she had bee seriously injured, she could have sued the rideshare company.

sebastian-pociecha-393843-copy-300x169A Georgia court of appeals recently reversed judgment in a slip and fall case in which a woman was badly injured at a church. The case is an example of why letting a case continue to a jury for a true judgment is risky, particularly when reasonable minds can disagree about the issue of liability. It is also an important lesson for property owners who invite the public to visit, and the responsibilities that entails. If you have questions regarding an injury you incurred on someone else’s property, reach out to an Atlanta premises liability lawyer today.

This case began in July of 2015 when a woman was leaving the funeral services for her mother. As if that event was not enough for her to deal with on that day, as she was leaving the church where the services were held, she was seriously injured after falling on the stairs. As a result she broke her leg, and sustained other serious injuries, as well.

The Evidence in This Case

tim-mossholder-212047-copy-300x200In today’s work climate, it is not unusual for a company to require one or more of its employees to travel and lodge away from home for work. This might be the case for a construction company that travels around Georgia from worksite to worksite, or for a tech employee based out of Atlanta who has to travel to perform work. In either case, if the employee is injured while staying where his or her employer requires, could that employee apply for workers’ compensation under Georgia law?

This question can easily be answered in most cases, but because of the fact-based nature of any workers’ compensation claim, it requires the experience of a qualified Atlanta workers’ compensation lawyer. This is an important point about Georgia worker’s compensation law of which most people may not be aware, and why speaking with an Atlanta workers’ compensation lawyer is so important.

Continuous Employment: When it Applies

mark-cruz-330105-1-copy-300x200Often there is a question by those injured in an accident, through the negligence or thoughtless act or by an extreme omission of another, about who is liable for what happened. In all cases, the negligent actor him or herself will be held liable, but in many cases, there are third parties who face liability, as well. This is an important factor to understand in an accident for a number of reasons, and an Atlanta personal injury lawyer can help you do so.

One of the big reasons why this is important is because of the liability that companies face when one of their workers acts in a way that injures another. This is generally known as vicarious liability, and can involve several different people, organizations, or entities, regardless of whether they were directly part of causing the harm in question.

Respondeat Superior and Employers

gilles-lambert-8649-copy-300x200We could all set our calendars by the technological announcements that are made from the biggest tech company in the world. Every fall that company announces new products and software that is sure to impact the world over. This year there was a change to the company’s main phone software that should help many of us be safer drivers on the road.

Distracted driving is one of the biggest causes of accidents, injuries, and catastrophic results on the road in Georgia and throughout the country. Everyday there are many accidents caused when drivers thoughtlessly pick up their phonse to answer a text, send a tweet, or look at some update. These accidents cause injury, pain, suffering, and even death. While many of these results can be resolved, in part, by an Atlanta car accident lawyer, it is much better to avoid them altogether.

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