Our lawyers’ $4.25 million settlement for a client whose dad suffered a fatal on-the-job injury can serve as an example for others with similar claims.
A tragic workplace injury or death can happen to anyone, anytime, if an employer does not make sure the work setting is safe or the equipment being used is not faulty. If you or a loved one experiences a serious injury or death while on the job, you should take steps to document your accident. Having legal representation along the way can help ensure you are fairly compensated and have the means to adapt to life after tragedy.
For example, Beasley Allen lawyer Kendall Dunson, and Lance Cooper, Pat Dawson, and Rebekah Cooper of The Cooker Firm, represented Gabrielle Smith. Smith’s dad, Orlando Hall, was a street sweeper who was crushed to death by the mechanical broom sweeper he was operating.
Smith could have simply filed a workers’ compensation claim with her father’s employer. However, she hire a team of experienced workplace injury lawyers to investigate the accident that claimed her father’s life. Her lawyers found that the M6 Avalanche street sweeper Hall was operating was defectively designed and should never have been placed in the stream of commerce. Dunson filed a work-related injury lawsuit seeking to hold the designer and manufacturer of the street sweeper responsible for the needless e. The lawsuit claimed that the equipment was “defective, unreasonably dangerous and unsafe or foreseeable users and occupants.”
The case went before a Georgia state jury, which found that the defendants failed to ensure that the street sweeper was in safe operating condition and free of defects. Smith was awarded $4.25 million, subject to a 49% apportionment.
What to Do When a Workplace Injury Occurs
If you are injured on the job, there are certain steps you should take to ensure you get the compensation you need:
- Report the accident to your employer. Alabama law requires that you notify your employer of any work-related injuries within five days of the injury and 90 days of the accident. If you fail to do so, you could lose your benefits eligibility.
- Get a copy of the accident report. If your employer doesn’t fill out a formal accident report, ask them to do so and to give you a copy.
- File a workers’ compensation claim. While state law allows up to two years for workers’ compensation claims to be filed, it is in your best interest to file as soon as possible.
- Consult with a doctor. The sooner you seek medical treatment following a workplace accident, the better. A doctor will document your injuries and work restrictions. Your employer may require you to see a doctor of their choosing. However, do be aware of your rights:
- You have the right to a second opinion if you disagree with the doctor your employer recommended.
- You have the right to return to your job if you are released to work by the doctor.
- You have the right to disability compensation if you cannot return to work because of your workplace injury.
- Consult with a lawyer. You have the right to be represented by a lawyer throughout the process. Depending on the circumstances, your lawyer may find that you also have a claim against a third party, such as the equipment’s manufacturer.
Work Injury Lawyer
Nearly 3 million U.S. workers are injured on the job every year, not including government employees. An additional 5,300 workers leave for work each year, tragically never to return to their homes and family. These staggering figures are unacceptable. They demonstrate how far we have to go in creating safer work environments for everyone.
At Beasley Allen, our work injury lawyers believe in holding employers accountable for any safety oversight or violation that results in a worker’s on-the-job injury or death. The manufacturers of industrial machines and equipment are also often to blame for worker injuries and fatalities due to a product defect. By holding employers and manufacturers accountable for safety failures, we help make our workplaces safer for everyone.
Our nationally recognized lawyers have successfully handled thousands of work-related injury and death claims, including product liability cases. If you or a family member have been injured on the job, call us to discuss your case. We have the resources to represent clients across the country while never losing sight of the individual.
Let us put our resources to work for you. If you are an attorney, we can competently and conscientiously assist you in handling any group of cases, no matter how large.
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