Georgia Injury Blog - 770-955-3000

Top 10 Reasons For Car Accidents

2011-09-07T14:27:00.001-04:00

Car accidents are not an event we ever plan for in our lives. We do our best to avoid them, but did you know that these accidents result in tens of thousands of serious injuries and fatalities every year in the United States? As a matter of fact, approximately 58,000 people die in these accidents annually. Let’s take a look at which age groups cause more accidents, and what are the top 10 causes of these sometimes catastrophic accidents.

If you guessed that younger and older drivers are responsible for the majority of accidents, you are correct!

Those who cause the most car accidents are teenagers and those in their early 20s along with those who are elderly (75 and older). And in reality these statistics are easy to understand. Teens often feel they are invincible; young and vibrant, and they THINK they will never be involved in a bad accident. With this mentality, they take to the road, often too fast, texting, talking on the phone while driving and basically not paying attention to their surroundings. Before they know it, they are that young driver statistic. For those who are 75 and older, they many times face the issues of not seeing clearly or being hindered in their driving because they may have slower reflexes. It’s not say that other aged drivers can’t have wrecks, but the facts show these two groups are involved in the most car accidents each year.

So what exactly do motorists do that increase their risk of car accidents?

1. Driving while distracted. Distractions are any activities that take the driver’s attention away from his/her primary focus — driving. This may include text messaging, talking on a cell phone, eating or simply being too engaged in a conversation with passengers.

2. Speeding. Drivers often drive at speeds much higher than those posted; the faster you drive, the less likely you will be able to react in time when it becomes necessary to pre-vent a crash.

3. Driving under the influence. Those who drink do not have control of their faculties. Reaction time slows, focus becomes blurred and judgment is impaired. If you are going to drink and must go from one location to another, please have a designated driver.

4. Driving recklessly. Reckless driving includes any type of driving that is not done in a careful manner. Speeding, tailgating or changing lanes repeatedly. It is important to keep your attention on your driving and those around you.

5. Wet, slippery roads. When it rains, there are far more accidents than when the weather is fair. Roadways become slick, your ability to see is diminished. Drive carefully and never exceed the speed limit when it is raining or sleeting.

6. Running stop lights. A red light means STOP — it does not mean skid through on pavement. When a light is yellow, it means caution as you proceed through. By ignoring red lights, you put yourself and others at risk when those who have a green light proceed through the intersection.

7. Ignoring stop signs. Come to a complete stop and look both ways TWICE. Running a stop sign increases the likelihood that you will be struck from the side or even become involved in a rollover accident.

8. Teen drivers. We’ve already mentioned this above, but it is worth repeating. Lack of experience and a feeling of invincibility lead to many serious injuries and fatalities.

9. Driving at night. It’s harder for anyone to see after dark than during daylight hours. In fact, the chances of being involved in a car accident doubles at night. Anticipate what is coming and pay particular attention to other motorists and roads around you.

10. Defects in design. Clothing, appliances, toys and other products often have defects, and cars are no different. Automobiles are constructed of hundreds of parts, and defects can result in accidents. Some SUVs are prone to rollover accidents due to top-heaviness; other accidents have resulted due to defects as well.

By obeying the rules of the road and paying close attention, many car accidents could be avoided. Please remember to never drink and get behind the wheel or drive distracted; doing so could cost you and others more than you can afford to pay when someone loses their life.

Prescription Errors and Pharmacy Malpractice

2011-02-08T11:33:00.008-05:00

Many Painkiller Prescription Errors Caused By Similar Looking, Sounding Monikers

HealthDay has reported, "Confusion caused by look-alike and sound-alike names contributes to a large number of the painkiller prescription errors that occur in hospitals," according to a study published in the January 2011 issue of The Journal of Pain. Researchers reviewed "714,290 orders for painkillers in a large database of pharmacist-detected-and-prevented prescribing errors." The researchers found that "the overall error rate was 2.87 per 1,000 prescriptions (2,044 cases) and the rate of potentially serious prescribing errors was 0.63 per 1,000 (449 cases)."

Common Drugstore Malpractice Errors

Incorrect dosage management to adjust to a patient's changed condition

Prescribing medications that conflict with other prescribed medications and cause adverse reactions in patients

Distributing the wrong medication, dosage, or pill count, or dispensing a prescription to the wrong patient

Prescribing medications that conflict with a patient's pre-existing illnesses or allergies and cause adverse reactions in patients

Inaccurate or incomplete medical advice when distributing medication to a drugstore customer

Atlanta, Georgia Pharmacy Malpractice Lawyers

Pharmacy malpractice such as misfilled prescriptions, medication dosage errors, and wrong instructions have caused strokes, heart attacks, elevated blood pressure, overdoses, and wrongful death in patients. If you or a family member have become sick or had an existing illness worsen because of a prescription error, drugstore mistake, or other pharmacy malpractice, you need an experienced attorney to help you prepare your case. Contact the Atlanta Injury Lawyers at The Keener Law Firm today to evaluate your claim, (770) 955-3000 or Toll-Free: (888) 544-8364.

The accident and injury lawyers at the Keener Law Firm represent individuals and families who have been impacted by all types of injury-producing incidents, including auto accidents, motorcycle accidents, wrongful death claims, worksite injuries, elder abuse and neglect, misfilled drug prescriptions, child daycare injuries, nursing home abuse and neglect, slip and falls due to dangerous conditions, pedestrian injuries, food poisoning, DUI accidents, construction accidents, property injuries, and malpractice matters. Call toll free at (888) 544-8364 or locally at (770) 955-3000 for a free and confidential consultation.

Back and Neck Injuries

2011-01-31T00:44:00.001-05:00

In Georgia, back and neck injuries are one of the most frequent reported reasons for missed work, and one of the most frequent complaints made to doctors. Neck and Back injuries usually result when there has been a trauma causing a serious injury or irritation to the complex structures of the back or neck. Most back and neck injuries are the result of trauma caused by traffic accidents, or on the job injuries with disc herniation injuries being the most common. Yet, neck and back injuries can also result from falls, sport, and defective products.

Typical types of neck and back injuries include: compression fractures, herniated, ruptured, or slipped disks, connective tissue injuries, whiplash, and spinal cord injuries. Tenderness, stiffness or spasms in the muscles of the neck and back, as well as headaches, dizziness, nausea, vision impairment and memory difficulty can be symptoms of a back or neck injury. Pain, tingling, numbness, or paralysis of an extremity can indicate that a more severe injury has occurred and immediate treatment should be sought from a medical professional. Treatment of neck and back injuries can involve physical therapy and medication to surgery.

When neck and back injuries occur they can cause severe physical as well as emotional hardships for the individual. Not only may there be extreme pain, there can be extensive medical bills, stress due to an inability to perform necessary day-to-day tasks, limited ability to work, and loss of wages due to missed work.

In Georgia, if your neck and back injuries are caused either on the job or by the negligent conduct of another, you should seek consultation with an experienced Georgia attorney who can advise as to whether or not you have a valid claim and as to the best course of action to take.

The attorneys at The Keener Law Firm have many years of experience in dealing with personal injury cases. We understand the emotional and physical hardships that accompany a neck and back injury and will work to maximize recovery for injury victims.

Do I need a Lawyer?

2011-01-29T10:46:00.003-05:00

Maybe you don't. If you have a small, relatively minor injury, one you will heal from quickly and requires no surgery, chances are you will be back to work in a few days or weeks and no lawyer is necessary,

However, if your injury is more serious, one requiring surgery or having a long term impact on your ability to earn a living in the future, you most certainly need a lawyer. You need a law firm on your side early on in your case to monitor your medical care and the legal issues before they become a problem. You can wait until you have a "problem" to call a lawyer, many people do. Or, you can get a lawyer involved early to monitor your claim and insure it stays on track.

I frequently get phone calls from panicked injured workers who have lost their income or medical benefits and want me to "fix it".

Usually I can "fix it", but it takes time to undo the knots tied into the case by the insurance adjuster. Knots that were being tied into their case while they thought everything was going fine. Now their medical care or income benefits have been cut off and they are calling me.

What most people do not realize is that while they are getting medical care, the insurance company was calling, writing and visiting the doctor's office trying to figure out a way to get the doctor to stop your treatment and write you back to work.

Some insurance companies are even bold enough to send a "nurse case manager" with you to your private, confidential doctor's appointment. Why? My experience is they are trying to influence the doctor to do what the insurance company wants done with your medical care, rather then just allowing the doctor to do his job and treat you the way that seems best to him.

Who do you want in charge of your medical care, your doctor, or an insurance company adjuster?

Another challenge is that many times what a doctor puts in writing is different from what they tell the patient. And, when it comes to an administrative law hearing, it's the medical records that count. So, it is important that you have a law firm on your side, reviewing what the doctor is actually putting in writing.

Many times, when we start reviewing medical records we will find that the doctor has prescribed objective testing, or perhaps a psychological evaluation, pain management, physical therapy, a referral to another specialist, etc. and these requests by the doctor are being ignored by the insurance company. Whether intentionally or inadvertently, it doesn't matter. What matters is that the doctor wants some additional medical care that is not being provided.

Most times the patient is not even aware the doctor's desires are not being complied with. Only through our thorough evaluation of the medical records do we find and correct these issues.

When you hire a competent, experienced law firm to represent you, you are freed up to focus on your medical care while we focus on insuring your checks are coming, and your doctor's treatment plan is being followed.

The Georgia Worker's Compensation can be a complex maze of legal and medical twists and turns. You may think your case is going fine at the beginning only to find yourself out of medical help and out of benefits and left wondering how in the world that happened.

If you have an injury that requires surgery or will impact your ability to earn a living in the future, get a law firm on your side to monitor and assist you from the beginning of your claim. Don't wait until your case is off-track to get a law firm on your side. Since we are paid on contingency (25% of any money we get for you, but 0% of benefits already being received) basis, we don't make any more or less money getting involved early or late in the case.

What happens when you get a law firm involved early, is that we keep an eye on your case, keep it on track and insure there is no interruption in your medical care and indemnity benefits.

If you have a serious job injury, get an experienced worker's compensation law firm on your side as early as possible.

Georgia Motorcycle Accident Lawyer

2010-08-08T23:07:00.003-04:00

Did you know that there was over 6 million registered motorcycles on United States highways in 2009. As the popularity of motorcycles has continued to increase, so has the rate of accidents and fatalities. Over 40,000 motorcycle riders died in accidents last year, and the number of motorcycle rider fatalities in Georgia is at a 5 year high. Even though there has been a dramatic increase in the number of "new" riders the fact still remains that over 80% of multi-vehicle accidents involving motorcyclists are not the rider's fault.

Crashes involving motorcycles result in the most serious of injuries. Traumatic brain and spinal injuries, broken limbs, road burns, and very often, death. Statistics have shown that motorcycle accident victims are 32 times more likely to die then automobile accident victims. These statistics are thanks in no small part to the very nature of motorcycles. Motorcyclists are, for the most part, unprotected from collisions. Despite the mandatory use of helmets, a high speed collision with an automobile that weighs over a ton almost always results in traumatic injuries for the motorcyclist.

A leading cause of Georgia motorcycle injuries continues to be driver inattention. Cars regularly pull in front of motorcycles, make left hand turns in front of motorcycles, swerve into motorcycles while changing lanes, and even run into motorcycles that are stopped at stoplights. This is not the only cause of motorcycle accidents, however. In fact, any combination of harsh weather, defective products, and poorly maintained roads can all contribute to serious motorcycle accidents. The Georgia motorcycle accident attorneys at The Keener Law Firm have the experience to examine the specifics of your accident and help hold the negligent parties accountable for their actions.
Whether it's recovering monies for time lost on the job, payment of medical bills, or repairing and/or replacing your motorcycle, our Georgia motorcycle injury lawyers have the know-how to insure the best possible result for your case. Contact us online or call us at 770-955-3000 (Main number), 770-235-7486 (Rome) 770-844-9200 (Cumming), or 706-275-0500 (Chatsworth/Dalton) to set up a FREE consultation to discuss your legal rights.

The Keener Law Firm has over 20 years of experience successfully representing victims of motorcycle accidents. Call Now.

Slip and Fall Injury On Movie Set Leads to Lawsuit

2010-06-01T12:46:00.005-04:00

A man filed a lawsuit against NBC Universal Inc. over an injury he sustained while walking through the set of the movie "Public Enemies" in the streets of Chicago in 2008.

In his lawsuit, John McManus said he tripped on one of the fake rubber cobblestones installed by set designers and sustained serious injuries. No signs, barriers or warnings existed to alert McManus to the fake stone and tracks, the lawsuit alleges. He is seeking $50,000 in damages

If you or a family member has been injured because of the fault of someone else; by negligence, personal injury, slip and fall, car accident, medical malpractice, trucking accident, drunk driving, dangerous and defective drugs, bad product, toxic injury etc then please contact Keener Law Firm For a no obligation, free case analysis, please call 770-955-3000.

2010-05-25T21:44:00.007-04:00

You’re backing out of a parking space. You look carefully – nobody’s coming. And then, somebody smacks into you. What went wrong? You know you didn’t see anybody. Was the other person speeding? Did you just make a mistake? Is there some fault in the design of the parking lot that could have allowed this to happen? Get the contact and insurance information of the other driver. Also, write down the contact information for any witnesses. Call the police to obtain a police report for the accident, and call your insurance company. Over the next few days, watch for any bruising or nagging pains and see a doctor if you suspect any injuries from the accident.

Unfortunately, if you are backing up, you are almost automatically assumed to be at fault. Your insurance company may attempt to negotiate with the other driver’s company, but it is likely that you will be blamed. Understandably, if you are sure that you looked carefully and didn’t see anyone, you may want to dispute this. It may be time to call an Atlanta injury Lawyer to see what your options are.

You have several things to consider with your attorney. These include:The insurance companies. If the insurance companies are refusing to pay or not compensating you fairly, you may need to sue. You have the option of seeking redress from the other driver’s company as well as your own.

Your injuries. Did you see a doctor? Do you have an ongoing injury as a result of the accident? Whiplash and other back and neck injuries are common after accidents like this, even if the impact wasn’t very hard. Your Atlanta personal injury lawyer can help you get the appropriate compensation for your medical bills, lost wages and even pain and suffering.

The Place where the accident took place. The owners of a parking lot have a legal obligation to keep it safe for drivers and pedestrians. For instance, if your accident took place at night, you may check to see if the lighting was adequate. Were there stop signs at the appropriate intersections? What about your line of sight? Was it clear? An Atlanta liability lawyer can help you determine if the parking lot itself contributed in any way to the accident.

Remember, your fault is almost certainly going to be assumed because you were the person backing up. That’s just the way the law has decided things over the years. A good attorney can help swing things your way with the right arguments. Don’t let the insurance companies decide for you if you’re sure that you did nothing wrong.

If you or a loved one has been involved in a parking lot accident, call The Keener Law Firm at 770-955-3000. Or, visit us on the web at KeenerLaw.com

Mohawk Settles Georgia Employee's Class Action Suit

2010-05-14T10:06:00.006-04:00

Mohawk Industries settles wage class-action in Georgia for $18 Million.

After six years of intense and complex litigation, Mohawk Industries and employees who claimed the carpet maker had depressed wages by hiring undocumented workers have agreed to settle for $18 million. Judge Harold W. Murphy of the US District Court for the Northern District of Georgia in Rome granted the parties' motion to preliminarily approve the settlement and certify the class recently.

The Keener Law Firm represents employees working in the carpet industry. If you or someone you know would like a free legal consultation involving the Georgia Carpet Industry, call the experienced lawyers at The Keener Law Firm at 770-955-3000, or on the web at KeenerLaw.com.

Georgia Supreme Court Strikes Damage Caps as Unconstitutional

2010-05-14T09:49:00.004-04:00

After a recent Georgia Supreme Court ruling, a Georgia patient was awarded $1.5M in punitive damages for the loss of his thumb. Four days after the Georgia Supreme Court unanimously struck down the state's damage caps in medical malpractice cases as unconstitutional, a Coffee County jury awarded Mr. Nestlehutt $1.5 million in pain and suffering damages. It was a fortuitous stroke of timing, and a hefty verdict for an already disabled client who then lost a thumb when an IV needle leaked into his tissue. This was probably the first [verdict] to come down after the high court's March 22 decision in Atlanta Ocuplastic Surgery v. Nestlehutt, which declared that legislative caps on non-economic damages in med-mal cases violated the constitutional right to trial by jury."

If you or someone you love in Georgia has suffered an amputation, contact an experienced trial attorney at The Keener Law Firm, 770-955-3000 or on the web at KeenerLaw.com

Nursing Home Owners Spend Money for Elderly on Themselves

2010-05-14T09:44:00.003-04:00

Georgia couple accused of defrauding Medicare, Medicaid programs of more than $30M. The AP (4/17, Bluestein) reported that Georgia nursing-home operators George and Rhonda Houser, "who ran the Forum Healthcare Group," were charged in federal court on April 16 "with plotting to defraud the Medicare and Medicaid programs of more than $30 million and providing about 300 elderly residents with 'worthless and harmful' care." According to prosecutors, the couple "submitted the fraudulent claims from 2004 until the state closed the three nursing homes they operated in 2007." The Housers, who pleaded not guilty, have been released on bond.

The Atlanta Journal-Constitution (4/17, Stevens) quoted US attorney Sally Quillian Yates, who said in a statement, "These defendants are charged with spending Medicare and Medicaid money to buy cars and real estate while nursing home residents went without basic necessities, such as food and medicines."

If you or someone you love has been injured at a Georgia nursing home through negligence, contact the Keener Law Firm. 770-955-3000, or on the web at KeenerLaw.com.

Toyota Motor Corp Recalls Lexus GX 460 to Remedy SUV Rollover Hazard

2010-05-10T14:31:00.005-04:00

Toyota is recalling the 2010 Lexus GX 460 sport-utility to fix the software in the sport utility vehicle’s stability control system. Testing by Consumer Reports and Toyota found the vehicle to be an SUV rollover risk, and the automaker has taken immediate action to fix the problem.

So far, there are no reports of injuries or deaths related to the auto defect. The problem became public knowledge after Consumer Reports issued a “Don’t Buy” warning to car buyers because its testers found that the GX40 was in danger of rolling over during certain emergency situations. Toyota immediately began conducting its own tests and suspended the sale and manufacturer of its SUV’s to determine if there was a problem and if so, how to fix it.

The need for a recall is the latest bad news for Toyota, which has recalled more than eight million autos for sudden acceleration-related defects and brake problems. Last week, the automaker recalled approximately 600,000 1998 -2010 Toyota Sienna minivans because of concern that if road salt causes the carrier cable to corrode excessively, the spare tire may fall off, potentially causing a traffic crash.
Toyota has been trying hard to regain consumer confidence, which has faltered in the wake of so many auto defects and resulting injuries and deaths. Since the mass recalls, dozens of people have filed auto products liability lawsuits and wrongful death complaints against the automaker.

On Monday, the auto manufacturer agreed to pay the $16.4 million fine imposed by US safety regulators because it waited too long to address the “sticky” gas pedal defect that prompted a mass recall in January. US Transportation Secretary Ray LaHood says that by not acting fast enough to notify the public and the government about the problem—Toyota automaker may have known about the problem in September—the automaker put people’s lives at risk.

If you or someone you love has been injured in a Georgia because of a Toyota malfunction, call the Georgia injury experts at The Keener Law Firm, 770-955-3000, or visit their website at KeenerLaw.com.

GEORGIA TEENS AND CELL PHONES

2010-05-10T14:22:00.008-04:00

According to a Texas Transportation Institute report, from 1999 to 2008 there has been a 10% increase in the proportion of deadly nighttime traffic crashes involving US teen drivers. This increase can be largely attributed to cell phone use and text messaging that, combined with the risks already posed by driving in the dark, can create “a perfect storm,” says Senior Research Specialist Bernie Fette.

Granted, distracted driving, poor visibility, and slower responses due to fatigue can negatively impact drivers of any age group regardless of the time of day or night. However, add to these hazards the fact that teen drivers are less experienced, easily distracted to begin with, and not as skilled as their more experienced adult counterparts when it comes to avoiding becoming involved in a car crash, and its easy to understand why teenagers’ car crash fatality risk at night has gone up.

Currently, in Georgia using cell phones while driving and text messaging and not banned. This means that unlike in a number of other US states, where new drivers (if not all motorists) are not allowed to talk on the phone and drive at the same time, even the most inexperienced drivers are allowed to text/talk on the phone and drive here. This makes them a danger not only to themselves but to others.
It doesn’t help that, per a 2009 study from the Pew Research Center, cell phone use among teenagers has increased 58% since 2004. 52% of teens admitted to talking on the phone and driving at the same time. 34% said they’ve texted while driving. Also, Fette notes that because today’s teens grew up talking on the cell phone and texting, they wrongly believe that they are "experts" and can easily talk/text and drive at the same time.

Many teens can’t resist the urge to text. According to NPR, US Transportation Secretary Ray LaHood considers the habit of texting while driving to be an addiction.

Georgia Cell Phone Accidents
Talking on a cell phone takes the motorist’s mind on the road, and texting requires that a driver take at least one (if not both) hands off the steering wheel. Both activities can make it hard for the driver to pay attention or react quickly during an emergency potentially resulting in injury or death of a passenger, pedestrian or another vehicle in a Georgia car wreck.

IT WASN'T MY FAULT (who should pay for your car repairs)

2009-08-18T11:15:00.003-04:00

In car accident cases there are two separate types of damages, property and personal. One does not affect the other so if you accept money from the other driver's insurance company to pay for your car repair it has no effect on your personal injury claim. Insurance companies generally want to settle cases quickly, so you should get your car repair check quickly. If not, you can have your own car insurance pay for your repairs and they will go after the other driver's insurer. Your own insurer might deny paying for the repair for you at first, but if you hassle them enough they normally give in.

IMEs Discredited By Judge

2009-08-12T16:04:00.003-04:00

In the recent case of Toth v. INA a judge granted the plaintiffs motion for summary judgment based on the fact that CIGNA's "Independant Medical Examination" team, made didn't offer any evidence to back up their opinions of non-disability other than pointing out that the plaintiff's treating doctors lacked objective evidence.

In a lot of these cases one of the major problems is that many debilitating medical problems are beyond current means of objective testing. The insurance doctors, such as CIGNA's, use this fact to claim that there is no evidence of disability, when in reality the level of evidence they want is unattainable with current medical technology.

In this case, the judge decided that this was not good enough for CIGNA to deny benefits and that the overwhelming record from the treating physicians was more than enough to justify benefits despite that much of it was based on "self-reports" from the plaintiff. This ruling recognizes the impossibility of attaining a certain level of proof that insurance companies claim as "necessary" for granting benefits.

Experience

2009-03-07T10:54:00.049-05:00

How to choose Atlanta Motorcycle Accident Attorney

"Why should it matter if your attorney is an
active cyclist?

The reply...

Because it is all about understanding your motorcycle accident, and being able to explain that to a jury of your peers… "who don't ride."

Attorney Russell Keener
has been riding
motorcycles for over
35 years.

At the very least, you should consult with an attorney that understands most motorcycle accidents actually occur as a result of senseless negligence and reckless actions of a motor vehicle driver.
" ...you have legal rights to protect... "

Consultations with Georgia motorcycle accident attorney, Mr. Keener
are free of charge. Mr. Keener works only on a contingency fee basis, where the client is not obligated to pay fees or costs until you receive money.

In determining if we are the best Georgia law firm for you, contact Mr. Keener
toll free (888)544-8364, and you will speak directly with Mr. Keener. All calls and inquires will be responded to quickly, professionally and personally.

When you need a personal injury lawyer who will aggressively pursue the maximum compensation to which you are entitled, call The Keener Law Firm at 770-955-3000 to arrange a no cost, no obligation consultation and assessment of your case.

We are available for home and hospital visits.

Actively serving:Marietta, Georgia Rome, Georgia Chatsworth, Georgia Dalton, Georgia Cumming, Georgia

Atlanta Georgia Airport Injury

2009-02-26T14:23:00.032-05:00

Hazardous Employment:
One of our nations leading newspapers recently ran a featured article documenting airport baggage screeners and the extraordinarily high rate of injuries that they suffer in the course of their work. Approximately one out of every four workers reports an injury and one out of 8 workers has an injury that requires lost time. This makes bag screening and bag handling some of the nation's most hazardous jobs.

Atlanta Hartsfield Jackson Airport
Injured workers at Atlanta’s popular Hartsfield Jackson Airport, more than two-thirds of whom are screeners, missed nearly a quarter-million days of work last year. The lost job time has contributed to a staffing shortage that has strained checkpoint security and lengthened lines.TSA employees injured on the job missed work at five times the rate of the rest of the federal workforce. They were injured four times as often as construction-industry workers and seven times as often as miners.

INJURIES INCLUDE:

Sprains resulting from lifting and carrying heavy bags
Amputations and Paralysis
Brain injury
Head injuries
Lacerations and scarring
Shoulder and arm injury
Whiplash and tissue injury
Broken bones and fractures
Eye injuries
Neck injury or back injury
Hand and wrist injury
Concussion
Fractures
Burns

OSHA has issued numerous citations
Since most of the screening machines and checkpoints were added after 9/11 and squeezed in wherever they would fit, few screening stations were designed with an eye to ergonomics. OSHA has issued numerous hazard citations to airports across the country.

Attrition rate 22%
Adding to these problems, the TSA staffed up quickly and in most instances, strength tests were not part of the application process, and training - at least from a safety standpoint - was minimal. In a snowballing problem, the more staff injuries and absences there are, the more overworked remaining employees are. According to the article, the staff attrition rate last year was 22%.

Security is not being compromised
This is distressing both for the workers involved and also for airline travelers. Although authorities say that security is not being compromised, it is hard to see how injured, overworked, and poorly trained workers can deliver the best results.

Specific corrective actions taken at the airports included:

pre-shift stretching exercise programs
safe-lifting classes
spot checks to reinforce best practices
targeted safety training plans
recognition programs to encourage and reward safe employee performance
safety newsletters
emergency evacuation plans and reviews
posted safety tips

Actively serving:

Marietta, Georgia Rome, Georgia Chatsworth, Georgia Dalton, Georgia Cumming, Georgia

GEORGIA AUTO ACCIDENT ATTORNEY

2009-02-19T15:31:00.010-05:00

Freeways, toll roads, interstate routes and secondary roads throughout Georgia are filled with ever-increasing amounts of traffic. As the number of vehicles on the highways increases, traffic accidents increase accordingly. Statistics show three million car-related injuries annually, resulting in two million permanent injuries.

Car accidents in Georgia take on many forms from single car accidents to freeway pileups. Whether an accident is a head-on collision, a rollover, a rear-end collision or an intersection crash, millions of dollars in personal injuries and property damage results.

The majority of traffic accidents occure due to someone not paying attention. When you are involved in a car accident and suffer serious injuries due to the negligence or recklessness of another, you may be entitled to recover damages for medical costs, property loss, and lost income as well as pain and suffering.

In order to file a lawsuit to recover compensation for damages, you must prove liability. Therefore, hiring a lawyer at the outset is very important. The personal injury attorneys at The Keener Law Firm will take immediate action to not only protect your rights, but also take steps to preserve evidence from the accident, assist you in obtaining medical care and deal with the insurance companies while you concentrate on recovering from your injury.

When you are coping with catastrophic or other serious injury, our attorneys understand the serious medical and financial consequences you face. We have helped car accident victims who have incurred serious injuries including bone fractures, back injury, whiplash, brain injury, burns, neck injury, spinal cord injury, paralysis, paraplegia and quadriplegia.

When you need a personal injury lawyer who will aggressively pursue the maximum compensation to which you are entitled, call The Keener Law Firm at 770-955-3000 to arrange a no cost, no obligation consultation and assessment of your case.

We are available for home and hospital visits. Contact us about your personal injury matter.

Cobb County Injury Lawyer | Auto accidents involving cell phones

2009-01-26T11:04:00.011-05:00

Cobb County has over 600,000 residents. The population of Cobb County is even more than some of the largest cities in the South. It also has some of the most dangerous intersections in the state. If you are driving around in rush hour you are well aware that you have a lot of company, and they all seem to be in a hurry. Additionally, with the advent of the cell phone there are many drivers on the road who are dividing their attention between driving and carrying on a conversation on their phone.

A few months ago I came up to a red light on Johnson Ferry road and stopped. I looked up and a woman came barreling through the red light at full speed, obviously having a very intense conversation on her cell phone and clearly oblivious to the fact that her light had turned red long before she reached the intersection. Fortunately nobody else was yet in the intersection and a potentially serious high-speed accident was avoided. With so many drivers, so many dangerous intersections and so many folks talking and driving at the same time, drivers in Cob County need to be careful.

If you or a loved one is involved in a car wreck in Cobb County you need an experienced Cobb County car wreck attorney to help you protect your rights. A Cobb County attorney familiar with auto accidents will have experience with Cobb County doctors, judges, and adjusters who will be involved in getting the medical care and subsequent legal justice you deserve from your car wreck case.

Actively serving:

Marietta, Georgia | Rome, Georgia | Chatsworth, Georgia | Dalton, Georgia | Cumming, Georgia

HOW LONG AFTER BEING RELEASED FROM MY DOCTOR WILL IT TAKE TO RECEIVE MY WORK COMP SETTLEMENT CHECK?

2009-01-05T11:48:00.031-05:00

Another popular question I receive is "How long after being released from the doctor will I it take to receive my work comp settlement check?" Please note. Settlement in a Georgia Workers' Compensation case is completely voluntary. Both sides have to agree. There is no judge who has the power to "order"an insurance to pay you any amount of money to settle your case. There is no jury in a Georgia Work Comp. case.

The quick answer is, "it depends.” Many cases never settle. When that happens, the insurance company is on the hook to you for your medical care for life. And, depending on how serious your injury is, for your indemnity benefits (weekly checks) for up to 400 weeks (or for life if your case is deemed catastrophic).

Some states (like Florida) basically pay you your impairment rating after you are released from the doctor and close your case. Fortunately, that is not the way it works in Georgia. Many times, an injured worker will call me and say, "I don't think the doctor is on my side.” He keeps wanting to release me, but I'm still having problems. It's like the doctor doesn't want to listen to me.

If your doctor is threatening to release you and you are still having problems, or if you are coming to the end of your doctor's treatment plan, call a lawyer and find out what ,your rights are.

My experience is that the insurance company will try to settle with you for much less than the full value of your claim. If you feel like you are not being treated fairly by the insurance company, call the Keener Law Firm for a free, confidential case evaluation, we only help injured people and their families. The Keener Law Firm does not represent insurance companies.

Actively serving:

Marietta, Georgia | Rome, Georgia | Chatsworth, Georgia | Dalton, Georgia | Cumming, Georgia

HOW CAN I CHECK MY WORKERS COMP CASE IN GA?

2009-01-05T11:25:00.032-05:00

Some times I receive a phone call asking "How can I check my workers compensation case in Georgia.” The Georgia State Board of Workers' Compensation is a government run agency designed to process claims of injured workers. They are basically the repository where all forms are filed. They do not represent you, they do not help you.

The only information the Georgia State Board of Workers' Compensation has on you relates to what has been filed with them. For example, when a claim first starts off, there will be w form WC1 filed. If you change doctors with consent or have a hearing filed, they will have those forms on file as well. When your claim is closed, they will also have that information on file. Nobody at the Georgia State Board of Workers Comp will have any information about your medical care or other details about your case. Mostly it is up to you or your lawyer to inform you on what is going on with your workers comp case.

Some insurance companies will have a "nurse case manager" assigned to your case. However, please do not think they are on your side. They are paid by the insurance company and have one goal in mind; saving money for the insurance company. That is not the most important issue. The most important issue is getting you as well as possible after a job injury. The insurance company will not tell you all thebenefits you are entitled to. They will not tell you about your impairment rating, your right to change doctors, your entitlement to a treatment plan just to name a few. You have one body to last you the rest of your life.

If you have suffered a serious job injury, you need to protect your future ability to earn money. I strongly encourage you to seek legal help. The Keener Law Firm has nearly 20 years of experience representing injured workers. Call for a free case evaluation today. Even if you don't hire us, I encourage you to hire someone to represent you through the difficult area of the law known as Workers' Compensation.

Actively serving:

Marietta, Georgia | Rome, Georgia | Chatsworth, Georgia | Dalton, Georgia | Cumming, Georgia

WHAT IF MY GEORGIA JOB INJURY IS DENIED?

2008-12-08T10:07:00.005-05:00

If you disagree with the reason for your denial, you have the right to request a hearing from the Georgia State Board of Workers’ Compensation. A claim with the State Board must be filed within one year of the date of injury. You can hire a lawyer or obtain the forms yourself from the Georgia State Board of Worker's Compensation. Just remember that you are going up against folks who do this every day for a living and your own lawyer will be protecting YOUR interest. The procedure for filing a claim with the State Board of Workers’ Compensation is outlined on the back of the Workers’ Compensation form titled “Employer’s First Report of Injury” (WC-1).

18 Wheeler (Tractor Trailer) Accident

2008-10-24T09:10:00.012-04:00

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

2008-10-24T08:41:00.008-04:00

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

2008-10-13T11:44:00.005-04:00

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

2008-10-13T11:21:00.008-04:00

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.