More and more employers are using freelancers and independent contractors in the 21^st century than ever before. With the technology now available, employers can make use of specialized services from freelancers across the country or across the world. Small businesses also frequently employ independent contractors to keep costs down. What happens though if an independent contractor or a freelancer is injured on the job? Is an employer required to carry workers’ compensation on you if you are a freelancer or an independent contractor? Whether a worker is an employee or an independent contractor is a frequently disputed issue in workers’ compensation cases.

In the United States, each state has its own workers’ compensation system. In all states, however, an employer is responsible for injuries or illnesses suffered by an employee during the course of employment. Typically, an independent contractor is not an employee and, therefore, is not covered under an employer’s workers’ compensation policy. What makes one worker an “employee” and another worker an “independent contractor”?

State workers’ compensation systems have struggled with this question for years with varying results. Misclassification of employees as independent contractors is an increasing problem. When in doubt, employers often classify a worker as an independent contractor or freelancer because there is a significant financial incentive to do so.

Workers’ compensation insurance premiums, for example, are based in part on the number of employees an employer employs. Classifying workers as independent contractors lowers a company’s insurance premiums. Just because an employer pays you with a 1099 and classifies you as an independent contractor does not mean you are an independent contractor for purposes of workers’ compensation coverage.

When the question arises, courts often look to the I.R.S. test, or a variation thereof, for determining a worker’s status. In essence, the I.R.S. test looks at how much control the employer has over the worker by asking questions such as:

• Does the company control or have the right to control what the worker does and how the worker does his or her job?
• Are the business aspects of the worker’s job controlled by the payer? (Including things like how the worker is paid, whether expenses are reimbursed, who provides tools/supplies, etc.)
• Are there written contracts or employee type benefits (i.e., pension plan, insurance, vacation pay, etc.)? Will the relationship continue and is the work performed a key aspect of the business?

Generally, independent contractors are skilled individuals who work on their own, set their own work hours and provide the tools and supplies needed to do the job. An independent contractor in Georgia is not entitled to benefits unless he or she has purchased their own policy.

Georgia’s worker’s compensation law makes primary contractors responsible for insurance on the subcontractors, if the subcontractors do not carry workers’ compensation insurance.

To clarify the issue and prevent problems down the road, it is best for a worker and employer to execute a written contract that defines the relationship before starting work. In the absence of a written contract that defines the roles, courts often side with a worker who has filed for workers’ compensation benefits if it is unclear whether the worker is an employee or an independent contractor.

If you have suffered a work-related injury or illness in Georgia and your workers’ compensation claim was denied or you are unsure whether you are entitled to workers’ compensation benefits, an experienced Georgia workers’ compensation attorney will explain the workers’ compensation rules as they apply to your situation.

In today’s global economy it has become the norm for workers in many industries to travel outside the employer’s home state during the course of employment. Traveling to another country during the course of employment has even become commonplace as well. What happens if a worker is injured or becomes ill while traveling for work? The complex answer to that question depends on a number of factors.

In the United States, each individual state administers its own workers’ compensation system. Although there are some differences with regard to eligibility and benefits, the basic concept remains the same. A covered worker who is injured or becomes ill while in the scope of employment is entitled to benefits that cover the cost of treating the injury or illness as well as wage replacement benefits to cover the loss of income.

A workers’ compensation policy typically applies in states where your company has a physical presence. When a worker travels to another state, the worker essentially enters the jurisdiction of a different, yet fundamentally similar, workers’ compensation system. Many states including Georgia have reciprocal agreements with other states allowing workers to be covered under their home state’s workers’ compensation law if they are injured in another state.

Traveling to another country, however, can place the worker in a jurisdiction where workers’ compensation laws don’t even exist. Ultimately, a worker’s employer is responsible for covering injuries or illness wherever the injury or illness occurs, as long as the employee was within the scope of employment at the time that the injury or illness occurred. Many workers’ compensation laws extend coverage to workers who are working temporarily in another state or country.

Employers who have to pay out-of-pocket for a worker who becomes ill or suffers an injury overseas can spend thousands of dollars getting the worker back to American soil for treatment. Moreover, unless the employer has purchased the proper endorsements to their workers’ compensation coverage that covers extra-jurisdictional injury and illness, their workers’ compensation carrier may not be willing to cover the costs once the employee gets back to his or her home state. Endorsements can be purchased by an employer to cover things such as endemic disease and repatriation expenses. However, if the employer failed to include these endorsements, the costs associated with treating and bringing a worker home from a foreign country will fall directly on the employer.

Closer to home, coverage can still be a problem because of the specific laws in each state. Ohio, Washington, North Dakota, Wyoming and Puerto Rico, for example, all have monopolistic workers’ compensation statutes that require an employer to purchase coverage directly from the state (or territorial) government if an employer plans to have workers conducting business in the state. Canada, another common destination for American workers, also requires an employer to register with the appropriate province or territory and to pay Canadian insurance premiums for workers who will work six to ten days or more per year in the country.

For a worker who suffers an injury or illness while away from the employer’s home state, navigating the workers’ compensation system can be challenging. If you are based in Georgia and find yourself in this position, consult with an experienced Georgia workers’ compensation attorney as soon as possible to ensure that your rights are protected, and you receive the benefits you are entitled to for your injury or illness.

The federal Occupational Safety and Health Administration has fined a truck parts manufacturer $64,400, citing 20 serious safety and health violations at its plant in Blue Ridge, Ga.

Following up on a complaint against Blue Ridge Manufacturing LLC, OSHA inspected the plant in March and found that the truck parts manufacturing workers were exposed to numerous safety problems, the agency said in a press release. It’s the latest of numerous safety violations identified in Georgia’s auto manufacturing industry and truck manufacturing plants in Georgia.

OSHA said “unguarded equipment, missing safety equipment and unsafe noise levels” at the plant exposed the manufacturing workers to risk of common injuries or conditions dangerous enough to cause fatal workplace accidents. Safety inspectors said the manufacturer must address the violations immediately.

Violations OSHA cited included:

• Failure to provide workers with lockout/tagout training to protect them during maintenance and service work on dangerous equipment.
• Failure to train workers to run powered industrial trucks.
• Failure to inspect a crane used for picking up steel parts.
• Failure to ensure exits were unlocked and clearly marked.

In addition, inspectors found workers could be injured by being struck or caught by unguarded equipment, electrical shock and burn hazards. Dust levels also were six times higher than allowable, according to the press release.

Serious violations take place when there is “substantial probability” that a worker could be killed or sustain a serious injury from a hazard the employer knew about or should have known about.

OSHA said the company also failed to keep required injury and illness logs showing where injuries occurred.

Georgia is becoming a national leader in the automotive and parts manufacturing sector, with more than 250 facilities that employ nearly 18,000 workers, according to Georgia.org.

Kia opened its first U.S. manufacturing operation in West Point, and Porsche, Lotus and BBS located their North American headquarters in the state. General Motors also launched a GM Innovation Center in conjunction with the Georgia Institute of Technology.

The developments are encouraging for the state’s economy, ensuring the state will be able to offer high-tech and industrial jobs for many years. But it is also incumbent on the automotive industry to focus on the welfare of its workers and make sure their work atmosphere is free of risks that could cause injury and even death.

Motor vehicle collisions are a common occurrence throughout the Atlanta metropolitan area. But what if you are hurt in a collision while you are on the job? You may be entitled to Georgia workers’ compensation benefits as well as compensation from the driver who caused your accident.

In Georgia, a worker who suffers an injury arising out of and in the course of employment is eligible for workers’ compensation benefits. If you were clearly at work when the collision occurred and meet all other eligibility criteria, you would be entitled to workers’ compensation for your injuries.

However, sometimes it is not clear whether an employee was truly within the course of employment when a car accident happens. For example, if you were traveling to or from work, or were on your lunch hour, you might not be eligible for benefits because you were not actually working at the time of the crash. On the other hand, if you were on your lunch break and your boss had asked you to stop and pick up some office supplies while you were out, you might be eligible for workers’ compensation.

Car accidents are often fact-sensitive, meaning that the details of the collision and your status at the time will determine whether you are eligible for workers’ compensation benefits. One important advantage to filing for workers’ compensation benefits is that fault in the accident is not important. Even if you were the at-fault driver, you may still be entitled to workers’ compensation benefits if you were on the job when the collision happened.

You could also be entitled to compensation through a personal injury claim against a third party. In contrast with the workers’ compensation system, fault is important in a personal injury lawsuit. If another party caused or contributed to your car accident, you could be entitled to file a lawsuit.

Compensation for noneconomic damages, most commonly referred to as “pain and suffering” damages, could be available through a lawsuit, whereas the workers’ compensation system does not cover pain and suffering.

If you are entitled to compensation through a third-party lawsuit, your employers’ workers’ compensation carrier could become involved as it may have a legal right to subrogate your claim. This means that the insurance carrier could tap the proceeds of your lawsuit for reimbursement of funds it spent on your workers’ compensation claim.

As you can see, car accidents often present complicated legal issues for injured workers. The good news is that you may have two potential sources of compensation if you were hurt in an Atlanta car accident while on the job.

Be sure to consult with an experienced Georgia workers’ compensation attorney to ensure that you are fully and fairly compensated if you recently were injured in a work-related car accident in Atlanta.

Musculoskeletal conditions are among the costliest injuries in the workplace, leading to medical expenses, worker absenteeism and lost productivity. Among musculoskeletal problems, lower back pain seems to extract the heaviest toll. According to new research, lower back pain is the single biggest cause of musculoskeletal disability in the world.

Scientists at the University of Sydney used the data from 187 countries recorded between 1990 and 2010. The scientists estimated that lower back pain from ergonomics exposure at work caused 21.7 million disability-adjusted life years. The term “disability-adjusted life years” refers to the number of years of healthy life lost due to a disability.

Approximately 26% of the worldwide population suffered lower back pain in 2010. From 1990 to 2010, there was a 22% increase in lower back pain-related disability adjusted life years. The increase was due to population growth, the researchers said. Rates of lower back pain-related disability have actually been dropping.

The prevention of lower back pain and other musculoskeletal conditions is a worthwhile goal for any workplace. Many jobs require physically strenuous work, often involving the same type of activity over and over again for a long period of time. Stooping, bending, crouching and twisting or turning the upper torso can cause lower back pain.

The research finds that the risk of such injuries is highest in the agricultural sector. However, activities that can cause lower back pain are routine in manufacturing, construction, and other sectors.

Tips to Prevent Musculoskeletal Injury

As an employee, you can take steps to prevent musculoskeletal injuries:

• Maintain an ideal healthy weight.
• Wear comfortable shoes while working.
• Sleep in the right position. Awkward sleeping positions can increase strain on your muscles.
• Quit smoking, and eat healthy.
• Exercise frequently to keep back muscles healthy, flexible and strong.

Employers also can help reduce musculoskeletal injuries in the workplace:

• Invest in training programs that teach workers the right way to perform critical workplace activities. Focus on the proper way to lift and carry loads. Lifting and carrying often contribute to stress and strain on the lower back and other muscles, increasing the risk of injury.
• Invest in automation to help perform certain physically strenuous activities to reduce worker injury risks.
• Modify work schedules so that workers who are engaged in repetitive activity get frequent rest breaks.

Source: British Medical Journal

Nearly 800,000 people suffer work-related eye injuries each year, most in accidents that could have been prevented. Every day, some 2,000 workers undergo medical treatment for eye injuries connected with or suffered on the job, reports the Vision Council, an organization that represents manufacturers of vision care products.

While vision loss is among the 10 most common disabilities, 90 percent of eyes injuries could be prevented if workers and companies would follow common-sense safety rules.

Using the proper personal protective equipment at work cuts the possibility of an eye injury significantly. The Occupational Health and Safety Administration has a list of standards that employers and workers should follow to protect their eyes and face from chemical, environmental, radiological and mechanical irritants, according to the Vision Council.

The most frequent causes of work-related eye injuries involve:

• Heavy machinery and construction equipment. About 10,000 eye injuries related to power tools happen annually.
• Flying objects and debris. Wounds to the surface of the eye from items such as splinters and debris occur in 38 percent of eye injuries.
• Harmful substances and environments. The U.S. Consumer Product Safety Commission reports 15,000 injuries each year from welding equipment.
• Digital eye strain leading to red, dry or irritated eyes, blurred vision, eye fatigue, back, neck and shoulder pain and headaches. This can come from looking at TVs, desktop and laptop computers, smartphones, e-readers, tablets and gaming systems.

Eye injuries not only exact a physical toll on workers but they also hurt employers financially, costing about $300 million each year in medical bills, workers’ compensation and lost work time, according to the Vision Council. Private industry reported more than 27,000 days off from work because of eye injuries in a recent year.

Men between the ages of 25 and 44 suffer 80 percent of workplace eye injuries. Of all work days missed because of head injuries, 45 percent involve eye injuries.

These jobs require eye protection:

• Auto repair: Goggles, safety glasses with side shields
• Carpentry: Goggles, safety glasses with side shields
• Construction: Safety glasses with side shields
• Driving: Polycarbonate lenses with UV protection and anti-reflective coating
• Electrical work: Safety glasses with side shields, arc-rated face shield
• Health care, laboratory, janitorial: Goggles, face shields
• Manufacturing: Spectacles, goggles, safety glasses with side shields
• Plumbing: Spectacles, goggles, safety glasses with side shields
• Welding: Welding goggles and helmets

Don’t take unnecessary risks with your eyes. Good vision is too valuable to let carelessness at work or at home destroy your eyes. Take common-sense precautions to protect yourself.

Falls from roofs are a major cause of injuries and fatalities among construction workers. Such falls are preventable, and employers need to make greater efforts to protect employees who work at dangerous heights.

Roofing falls accounted for approximately one-third of the 6,591 fatal falls in the construction industry from 1992 to 2009, according to a study published by the Journal of Safety Research. Of the fatal roofing falls, 67% occurred in small construction companies with 10 or fewer employees. Residential construction workers and immigrants had high rates of roof fatalities.

The Occupational Safety and Health Administration recently announced an investigation into the death of a contractor who fell 30 feet from the roof of a carpet and flooring manufacturing plant in Dalton, Ga.

According to reports, the contractor was conscious after the fall but suffered severe head injuries. He died on the way to the hospital.

Published reports did not indicate whether the man was wearing protective headgear at the time or what precautions had been taken to prevent an accident. OSHA is likely to investigate whether workplace safety violation contributed to the fall accident.

The risk of falls is especially great in the roofing industry. The Bureau of Labor Statistics says that falls account for approximately 76% of all deaths in the roofing industry. Roofing workers are three times more likely than other construction workers to be injured or killed in a fall accident. Falls from high elevation are especially likely to result in fatal brain or spinal injuries.

Personal protective equipment can help prevent such injuries. The Occupational Safety and Health Administration requires the use of personal protective gear or fall restraint systems for workers at high elevations.

However, it’s not nearly enough for employers to provide fall protection equipment. Workers also must be familiar with the equipment and trained to use it appropriately. Many fatal falls are related to the failure to wear protective gear or to malfunctions of protective gear.

The Occupational Health and Safety Administration (OSHA) recently announced a proposed rule that would extend the compliance date for crane operator certification by an additional three years, delaying the deadline until November 10, 2017. OSHA also proposed a rule to extend the phase-in requirement that requires employers to ensure that operators are qualified to operate the equipment they are responsible for operating.

As a response to the escalating number of crane accidents throughout the United States, OSHA issued a standard regarding requirements for cranes and derricks used in construction work in August 2010. The standard adopted requires crane operators on construction sites to meet one of four qualification or certification options prior to November 10, 2014. Those options include:

1. Certification by an accredited crane operator testing organization.
2. Qualification by an audited employer program.
3. Qualification by the U.S. military.
4. Licensing by a government entity.

Following the issuance of the new standards, representatives of the construction industry expressed concerns about complying with the new standards. As a result, OSHA decided to extend the compliance deadline by three years “so that the certification requirements do not take effect during potential rulemaking or cause disruption to the construction industry.”

Though the owners of construction companies may welcome the three-year extension, it could put workers at risk as well. Crane accidents across the United States cause far too many work-related deaths and serious injuries each year, which is precisely why the new operator standard was issued. Just recently, a crane collapsed at a City of Atlanta sewage pumping station and storage facility that was under construction off Cheshire Bridge Road. Fortunately, no one was injured in that collapse. However, serious, even fatal, injuries often occur when a crane collapses.

Cranes routinely move heavy building materials around construction sites. Although cranes allow the construction of taller and safer buildings, cranes also present a serious hazard to those working in the vicinity. Tragedy can strike when the load being moved by a crane falls, the crane overturns, or one of the cables holding the load snaps. A significant percentage of crane accidents are caused, at least in part, by operator error. The operator of a crane may be responsible for everything from assembling the crane to securing the load to moving the load. An error made at any point can spell disaster.

All too often, crane operators lack the experience, knowledge, and skill to properly and safely operate the crane. The intended purpose of the new crane operator standards is to ensure that all crane operators do have the proper qualifications by requiring all operators to be certified or qualified before being allowed to operate a crane. If compliance with the new standards is extended for an additional three years, it effectively means that workers on a construction site, as well as innocent bystanders, will continue to be exposed to increased hazards.

If you have been injured in a Georgia crane accident you may be entitled to compensation through the Georgia workers’ compensation system. An experienced Georgia workers’ compensation attorney can explain your legal options.

Hand injuries are among the most underestimated and neglected injuries in the workplace. Every year, thousands of American workers suffer hand injuries, and those injuries can be serious enough to result in days out of work, reduced productivity, or even disability.

A new website developed by the Center for Construction Research and Training helps workers take matters into their own hands to prevent such work injuries. The site, Choose Hand Safety, provides information for construction workers, who are at an especially high risk of hand injuries. The website offers resources and suggests simple and basic steps to prevent hand injuries while working.

Workers in manual jobs may be vulnerable to sprains, strains or fractures of the hand. The hand is a complex mechanism of interconnected bones, nerves and tendons to allow incredible dexterity. A worker with an injured hand may be unable to perform the activity that he or she had been doing.

Some common hand injuries include cuts, wounds, muscle strains, sprains, nerve damage, strained tendons and burns. Workers may suffer skin disorders of the hand from contact with chemicals, solvents and other irritants.

The website stresses the use of the right tools to avoid hand injuries and provides information on how to measure your hand and what to look for in hand tools.

Very often, strains, sprains and even stress fractures result from the use of the wrong tools. A tool must have the right-sized handle to help you work efficiently while reducing the risk of fatigue and repetitive stress.

The website also provides guidance for workers on how to select the right gloves to prevent hand injuries and diseases. Workers who must handle chemicals and solvents need gloves that are appropriate for the specific the tasks and materials they are handling.

When most people think of a workplace accident they typically envision a construction site or a manufacturing plant accident that involves heavy machinery or materials. While those types of accidents certainly do qualify as workplace accidents, they are not the only way a worker can be injured on the job in Georgia.

A significant percentage of eligible workers’ compensation injuries occur in an office setting. Unfortunately, office workers frequently don’t realize that they have a compensable workers’ compensation injury because of a misunderstanding of what qualifies as a “workplace injury”. If you are a Georgia office worker and have been injured as a result of your job, you may be entitled to workers’ compensation benefits.

The Georgia workers’ compensation system is a “no-fault” system that provides benefits to workers who have been injured while on the job or who become ill as a result of their job. If you qualify, you could receive benefits that cover the treatment of your injury or illness as well as weekly wage replacement benefits. As an office worker you are just as likely to suffer a workplace injury as your construction or manufacturing industry counterpart. Some common workplace injuries suffered by office workers include:

• Falls – According to the Centers for Disease Control and Prevention, falls are the most common office injury – and the most dangerous. Officer workers are almost 2.5 times more likely to suffer a disabling fall injury than their non-officer worker counterpart says the CDC. A fall can be caused by tripping over something, slipping on a wet floor, using a chair to reach something up high, or a variety of other causes.
• Repetitive use injury – Office workers frequently perform the same task over and over again every day, which can cause a “repetitive use” or “overuse” injury such as carpal tunnel syndrome. These injuries can be long-lasting and disabling to the worker.
• Back injuries – Unfortunately, employers often forget that office workers are frequently required to lift boxes and move heavy equipment just like their heavy industry counterparts. It only takes one improper lift of a heavy object to cause a back injury such as a sprain, strain, or herniated disc.
• Struck by object injuries – Clutter in an office isn’t just unsightly, it can be dangerous. An office worker can be seriously injured by a box or dangerous object that falls from a high shelf.
• Noise injuries – Office workers often provide support for noisy manufacturing or construction operations. Although ear protection is usually mandatory for the laborers on the floor or on the construction site, the officer workers who are just a few feet away are forgotten. This noise can cause serious, even permanent, damage to a worker’s ears and hearing loss.

An injured office worker is entitled to the same benefits that any other worker is entitled to if the claim for benefits is approved by the Georgia workers’ compensation system. However, because many office injuries develop over a period of time it may be more difficult to prove that an injury is related to your employment. For this reason, it is best to consult with an experienced Georgia workers’ compensation attorney as soon as you realize you may have a compensable injury.

If you suffer an illness or injury as a result of your employment in Georgia, you may be entitled to benefits through the Georgia workers’ compensation system. Those benefits may include the cost of medical care as well as weekly wage replacement while you are unable to work.

While these benefits are certainly important, they often fall short of fully compensating a worker. Unfortunately, additional compensation is unavailable from your employer. However, if a third party caused or contributed to your injuries, you could be entitled to file a personal injury lawsuit against the third party for additional compensation.

The purpose of the workers’ compensation system is to avoid the need for litigation when a worker is injured on the job. Prior to the establishment of workers’ compensation systems across the United States, a worker had to pursue a negligence lawsuit for compensation for job injuries. An injured worker would receive compensation only when the case was resolved, often months down the road — assuming the lawsuit was successful. In the meantime, a worker had no way to cover the cost of medical treatment much less provide for a family.

The workers’ compensation system solved this problem by eliminating the need for an injured or ill worker to prove negligence on the part of an employer. As long as the injury or illness is work-related, benefits are available almost immediately.

The drawback to the workers’ compensation system is that the benefits are limited. A worker can receive a maximum of two-thirds of his or her average weekly wage in wage replacement benefits, and compensation for pain and suffering is not available. If a third party’s negligence was a contributing factor in the accident, however, the third party could be required to pay compensation as a result of a lawsuit.

Third-party liability often arises in construction site accidents. Imagine that you are part of a landscaping crew at a construction site where there are a number of subcontractors. Suddenly, a pack of shingles falls off the roof because a worker for the roofing company failed to properly secure the pack. The shingles hit you in the head and cause serious, potentially long-term injuries.

Because you were on the job at the time, you would likely be entitled to Georgia worker’s compensation benefits. The negligence of the roofer could also give rise to a third-party lawsuit against the roofer and the roofer that employs the worker. Not only could you be entitled to additional compensation for medical bills and lost wages but also compensation for pain and suffering.

As the road construction season kicks off, the Federal Highway Administration is drawing attention to the need to stay mindful of safety when traveling through work zones.

The workers who construct, repair and maintain the nation’s highways perform valuable service that helps motorists travel. Unfortunately, construction workers and motorists are vulnerable to accidents in work zones when drivers are not paying attention or driving too fast for road conditions.

According to the Federal Highway Administration, 609 people died in work zone traffic crashes across the United States in 2012. That was an increase of nine deaths from the previous year. Most of those killed were drivers and their passengers in cars.

Since 1917, when official record-keeping began, 57 employees of the Georgia Department of Transportation have been killed in accidents in highway work zones.

The biggest risk to construction workers in a work zone emerges when motorists fail to reduce their speed or drive inattentively. Notices at the entrance of construction zones warn motorists about the work taking place ahead and alert them to slow down. Many accidents occur because drivers are using their cellphones, fiddling with the radio or talking to passengers.

In Georgia and elsewhere, highway construction picks up over the summer, and motorists need to be aware of basic construction work zone safety rules:

• Slow down when you see a notice warning you about construction work zone activity ahead.
• Maintain those low speeds as you travel through the zone.
• Do not drop your speeds so low that you are actually blocking traffic behind you. Don’t stop to stare at construction activity or equipment. Driving too slowly can be dangerous.
• Avoid all forms of distraction while you’re traveling through a work zone. Make sure that your cellphone is switched off, and turn off your radio.
• Keep conversations with fellow passengers to the minimum, and focus on the task of driving safely through the zone.
• Don’t tailgate a vehicle n front of you. Maintain an adequate distance between your vehicle and the vehicle ahead.
• Pay attention to the signs in the construction zone. The signs are in place to help motorists travel safely through the zone.
• Look out for road crew flaggers who are there to help motorists drive safely through the zone.

Highways are worksites for hundreds of workers, who have the right to be safe when they are going about their jobs.

The Georgia workers’ compensation system provides benefits to workers who are injured in the scope of employment or become ill as a result of their job. Only an experienced Georgia workers’ compensation attorney can advise you about the specific benefits you may be entitled to receive. However, an overview of wage replacement benefits in general may be helpful in the meantime.

An injured worker may receive temporary total or temporary partial wage replacement benefits. These benefits begin on the seventh day of missed work due to the injury or illness. If you ultimately stay out of work for more than 21 days, the initial seven-day waiting period becomes compensable. So if you are injured May 1 and do not report to work the following day, you can begin receiving wage replacement benefits on May 9. If you are still unable to work on May 23, you will be entitled to compensation for May 2-9.

If you are unable to do any type of work at all because of your injury or illness, you will receive total disability wage replacement benefits. If you are able to do some type of work but not the type of work you did prior to the accident or illness, you may receive partial disability wage replacement benefits.

The amount of wage replacement benefits you receive will depend on how much you earned prior to the injury or illness. Benefits are calculated using your average weekly wage, or AWW. Your AWW is based on your wages for the 13 weeks prior to the date your claim was filed. The wages for those 13 weeks are added together and then divided by 13 to arrive at your AWW. You are then entitled to two-thirds of your AWW for temporary total disability benefits.

There is a maximum wage replacement rate that changes each year. For 2013, the maximum was $525 per week. To illustrate, imagine that you earned a total of $6,000 for the 13-week period prior to your accident or injury. Your AWW would be $461.54. Your weekly wage replacement benefits would then be $309.23.

If you are entitled only to temporary partial benefits because you are able to perform some type of work, calculating your benefits becomes more difficult. Your wage replacement benefits are two-thirds of the difference between your post- and pre-injury wages. In the above example, let’s assume that you now earn just $230 per week as a result of the injury or accident. The difference between what you earned before the accident and after is $231.54. Two-thirds of that figure is $155.13, which would be the amount of your wage replacement benefit.

Because calculating your wage replacement benefits can be complicated, it is best to consult with an experienced Georgia workers’ compensation attorney to ensure that you receive all the benefits to which you are entitled.

Much research on workplace injuries and deaths has focused on accidents such as falls or electrocutions. But a recent study of firefighters who died on the job from cardiovascular problems addresses the impact of sudden bursts of physically strenuous activity.

The study’s findings were based on data from the National Institute for Occupational Safety and Health involving the deaths of 199 on-duty firefighters from cardiovascular events between 1998 and 2012.

Of the deaths, 167 were caused by heart attacks, 12 by irregular heartbeat, three by strokes and the remainder by other cardiovascular causes.

Most of the firefighters were young; the average age of the firefighters who succumbed was 49.

The researchers looked at the activities that the firefighters were performing before they suffered a cardiac event and classified them as “light” or “vigorous.” Light activities included getting out of a vehicle or driving, while vigorous activities included rescuing someone from an emergency situation and running.

In 148 deaths, the firefighters had engaged in vigorous activity of about 33 minutes on average. In 88 cases, the firefighters were actively involved in fighting fires, a hugely strenuous activity. In 61 deaths, firefighters were responding to an emergency.

Although the study involved only firefighters, it is likely that sudden bursts of physical activity or heavy labor may also endanger workers in other industries. Of particular interest are emergency workers like paramedics and rescue service personnel. These workers may be required to engage in sudden bursts of activity that are not just physically strenuous but also mentally stressful.

The researchers recommend regular health checkups and monitoring for risk factors for workers who are required to perform heavy physical activity or suddenly engage in physically hectic activity. These workers need to be regularly evaluated for their cholesterol and sugar levels as well as their blood pressure.

Being physically fit is extremely important for workers who are exposed to sudden bursts of physical and mental stress. Good general health can reduce a worker’s risk of a medical emergency.

Source: American Academy of Neurology

Some of the most common repetitive stress injuries that people suffer involve the rotator cuff, a group of muscles and tendons in the shoulder. Rotator cuff injuries can result from aging and natural wear and tear, but many such injuries also occur because of overexertion and repetitive stress trauma in the workplace.

Treatment for rotator cuff injuries often involves surgery. But the failure rate for surgeries is a staggeringly high 94% for older patients with large injuries. These patients may have no other choice but to seek other ways to manage the constant pain and chronic disability that rotator cuff injuries can cause.

Now, new research offers possible hope. Scientists at Washington University in St. Louis, working under a grant from the National Institute of Health, are seeking ways to improve the outcome of rotator cuff surgeries. They are focusing on the natural tendon-bone attachment, which they believe could lead to the engineering of new tissues that could help repair rotator cuff injuries.

In a typical rotator cuff repair surgery involving a large tear, surgeons remove transitional tissue at the injury site and attach the tendon to the bone. However, it is difficult to replicate the natural attachment system of the bone to the tendon, creating a high risk of a repeat injury during the healing process. The researchers will focus on the challenges that surgeons face in attaching the bone to the tendon and what can be done to help the healing process without risking repeat injury.

Repetitive stress-related rotator cuff injuries often occur when workers use their shoulder muscles repetitively and consistently over a long period of time without any break. Workers whose jobs require them to frequently lift their arms above their heads or reach up for objects may be at risk for such injuries. This may include workers involved in decorating, carpentry and related occupations. House painters whose jobs require them to lift their arms frequently may have a higher risk of shoulder injuries.

Training is critical in helping to prevent repetitive stress injuries at work. Workers can learn to perform tasks without placing excessive strain on a specific set of muscles. Machinery that lets workers perform tasks without excessive physical labor and frequent rest breaks can also help prevent these injuries.

Source: Medical Express

It is one of the deadliest hazards on construction sites, contributing to a significant proportion of construction-related fatalities every year. Falls are entirely preventable, yet in 2012, they accounted for 269 out of the 770 fatalities in the construction sector. Now, the Occupational Safety and Health Organization has announced a National Safety Stand-Down initiative to take place in June.

A Safety Stand-Down is a safety event in which employers talk to employees about fall protection and safety in an attempt to reduce injuries and fatalities. This is an entirely voluntary initiative.

The goal is to reach out to workers who may not be entirely aware of how to protect themselves and reduce the risk of falls in the workplace. The events can also help gauge the level of worker awareness of fall protection measures.

During a Safety Stand-Down, participating construction companies will stop work for some time and provide focused talks on fall prevention topics, including scaffolding safety, fall protection equipment and ladder safety.

The companies will provide information to workers about the dangers that they face in the course of their daily activities and the measures in place to reduce those risks. For instance, employees can be trained about fall protection equipment, the right way to use the equipment, and the dangers of going to work without wearing appropriate gear.

OSHA encourages employees to conduct their Safety Stand-Downs during the week of June 2 to June 6. The federal agency hopes that more than 25,000 employers, with more than 500,000 workers, will participate this year.

The federal agency wants trade organizations, construction companies, federal, state and local agencies, consumer groups, labor interest groups, contractors, and professional societies to participate in the initiative.

During a typical Safety Stand-Down program, employers can focus on the injury and fatality numbers related to fall accidents on their other worksites. They also can explain the fall prevention measures that are in place on work sites.

Employers can look at whether employee fall prevention training is outdated and make arrangements for reviews, if necessary. A Stand-Down also serves as the ideal opportunity to review the adequacy of worker protection gear provided to employees and consider updating it.

OSHA encourages employers to make the program interesting for workers by serving snacks and making the presentation interactive and positive. Workers should be encouraged to participate in the events by contributing their input and insights.

Source: OSHA

The Occupational Safety and Health Administration inspects workplaces to determine whether they are complying with federal safety rules and regulations. Recently, OSHA proposed fines of $279,400 for lumber company Dupont Yard Inc. after inspectors reported health and safety violations at the company’s plant in Homerville, Georgia.

The inspection followed a complaint alleging dangerous and hazardous conditions that could lead to workplace injuries, OSHA said in a news release.

Dupont Yard is no stranger to safety violations. OSHA said it has found at least 39 violations at the facility over the past six years and has cited the company after four previous inspections.

In this most recent inspection, OSHA said it found several willful safety violations. Those involved the company’s failure to implement basic safety rules to keep machinery and equipment from starting up or moving during maintenance activities. This is a serious hazard, because it put workers at risk of amputation, other injuries or death.

The inspection also found crushing hazards that involved unguarded and unprotected repeating chains and sprocket wheels. In addition, OSHA said electrical hazards at the plant placed workers at risk of electrocution and other electrical injuries.

The agency said it found repeat violations including a lack of proper housekeeping and failure to close electrical panels. It said workers also were exposed to other violations, including the lack of proper lockout and tag out procedures and an accumulation of wood dust on equipment and ledges. Accumulated wood dust can lead to an explosion.

OSHA encourages the public to report any suspected workplace situations that endanger workers. Call OSHA’s toll-free hotline at 800-321-OSHA (6742) to get information, file a complaint, or report workplace injuries or imminent danger to workers.

Source: OSHA

An employer’s behavior has a major bearing on the safety culture in a workplace. New research confirms that the type and quality of leadership in a workplace affects the rates of workplace injuries and the overall safety of workers.

Researchers at Colorado State University questioned about 1,167 construction pipefitters and plumbers to understand the influence of employer or leader behaviors on the safety culture at work.

The researchers identified a quality called “idealized influence,” which led to workers admiring the employer or leader and copying his or her behavior. Employers and leaders who had this quality had a significant impact on workplace safety.

A leader who has high idealized influence displays a solid leadership style, charismatic qualities, and personal attractiveness. Leaders with idealized influence behave in a manner that encourages people around them to emulate them. This is extremely desirable in the workplace, where leaders can promote workplace safety.

The study also zeroed in on several other leadership-associated behaviors that were strongly linked with a safer workplace culture. Those qualities included:

Inspirational motivation, in which a leader is able to provide context and meaning to the work of subordinates or employees. An employer who uses inspirational motivation is able to establish a workplace safety culture that is appealing and encouraging for employees to follow. Such employers are able to challenge employees to come out of their comfort zones and are able to inject a sense of optimism about safety codes.

Intellectual stimulation, in which employers encourage employees to be creative and propose new ideas without criticism for employees who make errors.

Individualized consideration, in which an employer takes on the role of a mentor to workers or subordinates, listens to concerns and needs, and behaves in an empathetic and supportive manner.

Contingent reward, in which an employer uses positive reinforcement techniques to reward employees for desirable or positive behaviors to establish those behaviors as a matter of habit.

The researchers found that several positive safety outcomes were associated with employers who display these types of leadership qualities. Those positive outcomes included an enhanced workplace safety climate and increased safety-related behaviors in the workplace, all of which contribute to a lower rate of accidents and injuries.

The results of the study are intriguing because there is little research to show exactly how an employer’s leadership qualities affect workplace safety. However, the research does seem to confirm that a style of leadership that combines encouragement, example-setting, and positive reinforcement can actually help reduce accident and injury rates.

A rule requiring truck drivers to begin their work week with at least two nighttime rest periods is helping to reduce their fatigue on their road, the Federal Motor Carrier Safety Administration says. The agency released a study on the effectiveness of the new rule compared with an old requirement for one nighttime rest period.

Fatigue is a major work-related hazard for truckers. A truck driver who is dozing off at the wheel is much more likely to cause an accident that injures or kills others on the highway.

New hours-of-service regulations for commercial truck drivers went into effect in July 2013. The rules require at least two rest periods between 1 AM and 5 AM to make sure drivers are rested before they began their duty cycle. According to sleep experts, this period is the time of the night when the body benefits most from good rest.

Congress, however, required that the Federal Motor Carrier Safety Administration prove that the new requirement would improve safety for truck drivers. To comply with the requirement, the agency commissioned a study by the Washington State University Sleep and Performance Research Centre and Pulsar Informatics.

Overall, more than 100 truck drivers were analyzed as part of the study. The researchers went through more than 1, 260 days of sleep data and measured sleep, sleepiness and driving performance of the truck drivers. The study compared drivers who were beginning the week’s operations with just one nighttime rest period to those who had two separate nighttime rest periods.

The researchers found that drivers with just one nighttime rest period showed much greater lapses of attention, especially when they were driving at night. They also reported higher levels of fatigue and sleepiness, especially toward the end of their duty periods. This is already a very risky time for drivers, because they are tired and stressed by the end of the workweek.

The researchers found that when the drivers had only had one rest period, they showed a greater tendency to deviate from the proper lane, a situation that has the potential to result in a serious accident.

Apart from sufficient rest, eating healthy meals, maintaining an ideal weight and refraining from smoking can also help truck drivers stay healthy and fresh on the road.

One New York City group believes a solution to the problem is as simple as introducing a new generation of safety aids that integrate an innovative and heavy use of technology in safety equipment such as hardhats and vests to protect construction workers from injuries.

According to federal data, up to 20 percent of workplace injuries and fatalities in the United States occur on construction worksites. Those accidents include falls, electrical injuries and electrocutions, as well as musculoskeletal injuries due to repetitive stress.

A group called Human Condition hopes to reduce the number of injuries in the construction sector by integrating technology into the hardhats and vests that construction workers wear on a daily basis. These technologies include low-cost safety gear that incorporates sensors and other technologies to monitor safety data and even intervene before an accident takes place.

The hard hat, for instance, is equipped with a work/alarm light, solar charging device as well as a QR code imprint. The safety vest includes repetitive motion sensors, an airbag collar fall protection system, a device to monitor the person’s vitals and a GPS sensor.

The group says that the safety benefits from using such wearable technology on a construction worksite are numerous. For example, the hardhats’ sensors can pick up biometric signals and use technology to detect and report a fall.

Employers can also monitor whether the safety gear is being used in an area of the workplace, which could increase the use of personal protection equipment. The LED work light on the hardhat helps the worker see better in dark areas.

All this data is transmitted to a cloud-based processing and mobile dashboard interface that processes data about the location of the worker, repetitive motion and other information in real-time. That data can be used to determine a worker’s proximity to workplace hazards such as heavy machinery on the move, as well as specific body functions in order to predict the risk of injuries. A supervising engineer, for example, would be able to use data involving the worker’s location to warn him if he is entering a potentially dangerous zone, such as an area where a forklift or any other heavy industrial machinery operating.

According to the researchers, such technology does not have to be expensive. Low-cost sensors and other technologies can be used to integrate enhanced personal protection systems into a typical construction worksite and make these wearable technologies the norm in the future, rather than an anomaly.

Until this type of safety equipment becomes commonplace, though, construction site injuries are likely to be frequent. That’s why it’s important for injured workers in Georgia to understand they can seek representation from a personal injury attorney if they are injured on the job.