18 Wheeler (Tractor Trailer) Accident

Large tractor-trailers are a frequent sight on our roads, but the dangers posed by these large trucks have not diminished. Truck drivers are pressed to deliver loads in a timely manner and drive long hours. As a result driver fatigue often causes accidents. Improper maintenance often compounds the problem. Large tractor-trailers also present problems for other drivers in seeing the trucks. It is therefore important that the tractor-trailers comply with the federal law on reflective devices on the tractor-trailers. The lawyer representing a person injured in a tractor-trailer accident must have experience in fatal accident investigations, forensic analysis of accident scenes, thorough familiarity with federal regulations governing trucks and truck drivers, as well as extensive experience in understanding and presenting an injured party’s medical condition. It is important that the attorneys have the attorneys have the experience necessary to retain and work with experienced forensic engineers who can reconstruct an accident scene and determine how an accident was caused and what could have prevented it. It is also necessary that the attorneys have the experience and knowledge to effectively present this information to the insurance company and the jury. This involves use of the latest in computer animation, computer modeling, and video and film presentations. Our attorneys have effectively used these media to present our clients’ cases. For example, we have designed and built six by eight foot models of neighborhoods, complete with houses, trees and bystanders, to illustrate how an accident happened. We have also “recreated” an accident in a movie studio using the latest in lighting technology to illustrate how our client was excusably unable to see a tractor-trailer due to blinding sunlight.

Federal regulations limit the number of hours a truck driver may drive and the number of hours he may be “on duty.”Logbooks are required to be kept recording these hours of service. However, these logbooks are not required to be kept indefinitely and must be protected from being destroyed after an accident. It is imperative after an accident that an attorney demand the log books be kept secure by the trucking company.

Once the logbooks are obtained the attorney will need to reconstruct the truck driver’s activities. It is not uncommon to find the truck drivers reporting they have driven fewer hours than they actually have. This underreporting is often found when checking the mileage driven. For example, in one case the driver logged a 400-mile trip in only 5 hours, meaning he must have averaged 80 miles per hour in speed.

If you or a loved one has been in a wreck with an 18-wheeler, call KeenerLaw.com at 770-955-3000 for a free consultation.

Georgia Workers Compensation Information

Under Georgia law, if you sustain a bodily injury that arises out of and is in the course of your employment, you are entitled to certain statutory wage and medical benefits. An injury arises out of your employment when it results from a risk which is reasonably related to the employment. Of course, as with any case, there are exceptions and you need to consult carefully with an attorney to determine whether your injury is covered by workers’ compensation laws.

If your job injury is covered under workers’ compensation laws, there are two general categories of benefits available to you. These are wage/income benefits and reimbursement for medical expenses arising out of your job injury. Please note, however, that an injured worker does not become eligible for wage/income benefits immediately upon being injured. The injury in question must cause you to miss at least seven days of work before you are eligible for income benefits. However, if the injury is serious enough to keep you out of work for at least 21 consecutive days, then income benefits for the first seven days will then be allowed retroactively. Income benefits due to an injured worker are based on the amount of the worker’s average weekly wage up to a statutory cap. Generally, a worker who is disabled from a job injury is entitled to receive two-thirds of his or her average weekly wage up to a cap. Currently, the cap is $500.00 a week. No matter how much your average weekly wage is, benefits for total disability cannot exceed the current cap of $500.00 a week. As long as an injured worker is unable to do any work because of an injury, he or she is entitled to total disability income benefits.

If an injured worker is able to perform some type of light duty work but is not able to earn as much as he or she did prior to the injury, then benefits are payable for what is known as temporary partial disability. These benefits are calculated based on two-thirds of the difference between the average weekly wage before the injury and the reduced earnings after the injury. Again, however, there is cap on this amount. The cap is currently $334.00 a week. Thus, if you are injured but able to perform light duty work for a limited number of hours a week, you will be paid the wages for that work plus benefits based on the above calculation. However, the benefits currently cannot exceed $334.00 a week.

If an injury on the job results in death to the worker, the benefits are payable to the employee’s dependents. Generally, the income benefits equal two-thirds of the worker’s average weekly wage not to exceed $500.00 during the time of the dependency. However, where a spouse is the sole dependent at the end of one year after the date of the death, the total amount payable is limited to $125,000.00.

Workers who sustain on-the-job injuries covered by the Workers’ Compensation Act are entitled to reimbursement from the employer for any medical expenses which result from the injury and which are reasonable and necessary to cure the condition, give relief for the condition or to restore the worker to suitable employment. Under Georgia workers' compensation laws, there is no limit on the amount of medical expenses payable in a worker's compensation claim. As long as there are medical expenses, the employer must pay them. The employer is required to post a list of physicians available to treat the injured worker. The injured worker must select a physician from the panel to treat his or her job injury. If the injured employee seeks treatment from a non-authorized physician, then there is generally no requirement that the employer or its insurer pay for the treatment.

Georgia law requires that an injured worker notify his or her employer of an injury on the job either immediately or as soon thereafter as is practicable. Failure to notify an employer of a job injury within 30 days could result in a denial of benefits under workers’ compensation laws. Further, if an employer denies that an injury reported by a worker is job related and refuses to pay any wage or medical benefits, the worker generally has one year from the date of the injury to file a claim with the Workers’ Compensation Board. Thus, if an employer denies that an injury is work related and the employee fails to file a claim with the Workers’ Compensation Board within one year of the injury, the worker’s claim is generally barred forever.

If you have been injured on the job, call KeenerLaw.com for a free consultation.

Liberty Mutual Sued for Intentional Infliction of Emotional Distress

The St. Petersburg Times ran this heartbreaking story recently about James Dolan, a 34-year-old Radio Shack employee who was shot in the head while on the job in 2004. The attack not only left him totally blind, but suffering from post-traumatic stress syndrome as well. His story appeared on the ABC television show Extreme Makeover Home Edition in 2005 after the show's crew made his home handicapped-accessible. You can see a clip from the show here.

But the story didn’t end there. Mr. Dolan's wife had to quit her job in order to provide care for him. The effect of that lost income was compounded by the fact that the Dolans' property taxes and utility bills have increased because of the home improvements.

The Dolans requested Radio Shack's workers' compensation carrier, Liberty Mutual, to provide 12 hours per day in attendant care benefits to compensate Mrs. Dolan for the care that she has had to provide to her husband, but the carrier refused. Instead, they hired vocational rehabilitation consultants who said not only that Mr. Dolan did not require any attendant care, but that he could actually return to work. The judge did award the requested benefits.

Several years ago, Florida deeply cut layer fees in Florida workers compensation cases and consequently, few lawyers take the cases. The article states because of this, insurance companies have taken advantage of unrepresented injured workers and, like here, have refused to pay for clearly necessary care.

Exasperated with Liberty Mutual's handling of the claim, the Dolans have now sued them for intentional infliction of emotional distress. Such causes of action against workers' compensation carriers were authorized by the Florida Supreme Court in Aguilera v. Inservices, Inc. Competent legal help is imparative for your injury case. Don't think the insurance company will "do the right thing". Don't wait till it is too late, having a qualified lawyer will help insure you get the help you need. Keenerlaw.com

EMPLOYER'S FAILURE TO REPORT JOB INJURIES HAS ATTRACTED THE ATTENTION OF CONGRESS

I frequently receive calls from injured workers who tell me their employer has either asked or encouraged them to file their job injury on health insurance, or to just allow the employer to pay the medical bills and avoid reporting. Beware, employer failure to report job injuries is a violation of OSHA regulations.


This unlawful conduct has caught the eye of the U.S. House of Representatives Committee on Education and Laborwho is currently investigating the issue. In a majority staff report entitled Hidden Tragedy: Under-reporting of Workplace Injuries and Illnesses, the committee concluded that employer non-reporting of workplace injuries is a real problem.

Why are workplace injuries being under-reported? According to the report:

- Certain categories of workers, accounting for a significant portion of the workforce, are excluded from the survey.
- Occupational illnesses are particularly difficult to identify as work-related.
- Immigrants are less likely to report workplace injuries and illnesses.

- Workers are often reluctant to apply for workers’ compensation.
- The musculoskeletal disorder column has been taken off of the OSHA 300 Log.
- Some workers and employers do not understand the reporting system.
- Employers have an incentive to under-report.


What incentives do employers have to under-report?

- Low injury and illness rates decrease the chance of being inspected by OSHA
- Low numbers of injuries and illnesses decrease workers' compensation expenses.
- Low injury and illness rates can earn businesses bonuses and incentives
- Low injury and illness numbers look good to the public and to customers


What methods do employers use to discourage reporting?

- Direct intimidation of workers.
- Bringing seriously injured workers right back to work.
- Discouraging appropriate medical attention.
- Discouraging physicians from reporting injuries or diagnosing illnesses.
- "No fault" absentee policies.
- Safety incentive programs and games.
- Manager incentives and bonuses
- Drug testing after every accident or injury.
- Contractors and contracting out dangerous work
- Miss-classification of workers.


If you have been injured on the job, insist that your injury is reported to the Georgia State Board of Workers Compensation immediately, it’s the law. Many times what appears to be a minor injury, can turn into a major injury. Judges are particularly fond of looking at the early medical records to help them understand where an injury started. It is very important you tell your doctor from the start that you were hurt on the job. As with proving any legal matter, proper early documentation is very helpful. For more help, contact the KeenerLaw.com.