J. Franklin Burns, P.C. 2026-05-14T11:48:40Z https://www.jfblaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1401578/2020/02/cropped-fab-min-32x32.jpg On Behalf of J. Franklin Burns, P.C. https://www.jfblaw.com/?p=46262 2023-10-31T10:17:02Z 2020-02-14T10:29:29Z

 Occupational Safety & Health Administration  is extending its temporary enforcement measures through Dec. 15. Our Atlanta workers’ compensation attorneys understand the risks are highest in the autumn, as builders work to get structures under roof before winter weather. The enforcement focus had been slated to end this month. Efforts began in October 2011, when OSHA began working with employers in complying with the new directive. More than 2,500 site visits have been conducted, along with nearly 1,000 training sessions and 500 presentations. Written site plans must be created in cases where other safety measure are deemed unfeasible and employers must note the agency does not consider “economic infeasibility” a valid basis for failing to provide fall protection. Particular emphasis is placed on fall protection. According to the Bureau of Labor Statistics, fatal fall accidents in private construction have been reduced by 42 percent since 2007. However, it was still a leading cause of death, claiming 635 lives in 2010. It’s the second time OSHA has issued a six-month extension of enforcement efforts. OSHA estimates the average fall from height by a roofer costs $106,000. Safety regulations mandate that anyone working at a height of 6 feet or higher must be protected by a guardrail system, a safety net or a personal fall arrest system. Rules also provide for the use of controlled access zones and control lines, covers, positioning devices, barricades and fences. “We cannot tolerate workers getting killed in residential construction when effective means are readily available to prevent those deaths, said OSHA Assistant Secretary of Labor Dr. David Michaels. Additionally, under 20CRF 1926.503, workers exposed to fall hazards must be trained in proper safety procedures. An employer is also required to keep on file documentation of such training and must provide retraining when changing fall-protection systems or when an employee’s demonstrated competency indicates retraining is necessary. Personal Fall Arrest System: Must be a full-body harness that has a D-ring in the center of the upper back. Must fit properly and be compatible with other equipment. Lanyards or snaphooks must be of the locking variety and must not be hook together unless specifically designed to do so. Fall Restraint System: Can be a body harness or belt. Must not permit a worker to go past an unprotected edge, regardless of where he is working on the surface. Guardrail Systems: Must be of certain height and quality. Safety-Net Systems: No more than 30-feet below work area. Must be drop-tested and certified and must have sufficient clearance. CNN Money recently reported an increase in housing prices and building permits indicates the housing market is finally beginning to recover. Properly training workers and providing the necessary safety equipment will be critical in reducing the number of serious and fatal construction accidents in Atlanta and throughout the nation. If you or a loved one has been injured on the job, contact J. Franklin Burns, P.C., to speak with an experienced attorney. For a free consultation call 1- 404-920-4708 today.]]> On Behalf of J. Franklin Burns, P.C. https://www.jfblaw.com/?p=46238 2020-02-17T06:59:57Z 2020-02-14T10:15:54Z

404-920-4708 or contact us through our online form.  ]]> On Behalf of J. Franklin Burns, P.C. https://www.jfblaw.com/?p=46210 2020-02-17T06:59:57Z 2020-02-14T09:50:19Z

vetoed a bill that would have helped Georgia firefighters who have been diagnosed with cancer obtain much-needed workers’ compensation benefits. House Bill 216 passed both Georgia houses of congress, only to be vetoed by the Governor before the bill could become law. The bill would have established a rebuttable presumption that certain types of cancer found in firefighters were “occupational diseases” under the state’s workers’ compensation statute. The presumption would only arise if the firefighter were able to establish by a preponderance of the evidence that their work caused the cancer. If the firefighter was able to meet that initial threshold, the burden would shift to the insurer to prove that the cancer was not work-related. As the law stands now, cancer is categorized as an “ordinary disease of life,” and those unfortunate enough to encounter a cancer diagnosis are unlikely to receive benefits. Governor Deal’s rationale for vetoing the bill was that it was too broad because it failed to establish a timeline or to limit the types of cancer covered. He also stated that the rate of cancer among Georgia firefighters was not “abundantly demonstrated.” Firefighters were understandably upset with the Governor’s decision to veto H.B. 216. They claim that the new materials used to build homes can emit toxic fumes when burned, leading to what they claim to be an increase in cancer diagnoses. According to one recent article discussing firefighters’ efforts to override the veto, the bill passed both houses of congress with sufficient support for an override. In Georgia, both houses of congress would have to vote by a two-thirds margin to override a Governor veto. Establishing Eligibility for Workers’ Compensation in Georgia Unfortunately, injured workers do not always have an easy time when seeking workers’ compensation benefits. While the above discussion about Georgia firefighters is fairly limited in scope to that profession, it does show a lack of concern on some level for injured workers. Workers’ compensation is an insurance program, and like other insurance companies, those underwriting workers’ compensation polices operate on a for-profit motive. This can lead to an eye toward denying borderline cases. To learn more about workers’ compensation eligibility in Georgia, contact a dedicated workers’ compensation attorney. Have You Been Injured on the Job? If you or a loved one has recently been injured while on the job, you may be entitled to workers’ compensation benefits until you are able to safely return to work. However, establishing your eligibility is not always straightforward, and significant hurdles often arise, making it a difficult and time-consuming endeavor. The skilled advocates at J. Franklin Burns P.C. have decades of experience working with Georgia workers’ compensation laws, and we understand how important these benefits are to our clients. Call 404-920-4708 to set up a free consultation with a dedicated workers’ compensation attorney today.]]> On Behalf of J. Franklin Burns, P.C. https://www.jfblaw.com/?p=46192 2020-03-16T17:48:55Z 2020-02-14T09:18:46Z

Georgia Goodyear Plant Faces Federal Workplace Law Violations According to one news source, a Goodyear Tire & Rubber Co. plant in Georgia was cited for around $70,000 for failing to follow federal workplace safety laws and creating a risk of Georgia workplace accidents. OSHA recently cited the plant for seven citations after an inspection of its plant in Social Circle, Georgia. The OSHA area office director stated that the organization found “multiple safety deficiencies that put employees at risk of serious injury or death.” Some of the citations included failing to provide proper protective gear for workers using hot metal presses, leaking equipment on the production floor, and hazards from unguarded machines. A Goodyear spokeswoman stated that the company cooperated with OSHA and that it is following the process to respond to citations. However, another investigation recently revealed similar safety issues. The Center for Investigative Reporting found that Goodyear had a lax approach to safety, which contributed to deaths of its workers and motorists. According to the investigation, the company was among the top five manufacturers for workplace deaths since 2009 in the U.S. Former workers in some Goodyear plants stated that they felt pressure to put production over workplace safety. Since October 2008, the company has been fined over $1.9 million for over 200 health and workplace safety violations. That is much more than its four major competitors put together. The Social Circle, Georgia plant had already been cited for three workplace safety violations. A former OSHA representative stated that despite multiple citations, the company “never seems to learn a very basic lesson:  that they are legally and morally required to provide safe workplaces for their employees.” Georgia’s Workers’ Compensation Act Georgia’s Workers’ Compensation Act provides compensation to employees who are injured at work. Workers’ compensation benefits are meant to help workers return to work and, in the case of a death, provide compensation to workers’ dependents to ease the burden of their financial loss. Contact a Workers’ Compensation Attorney If you or a member of your family has been injured at work, do not let your employer prevent you from obtaining the compensation you deserve. At the law office of J. Franklin Burns, P.C., we have a track record of positive case outcomes resulting in millions of dollars in compensation. Our Atlanta workers’ compensation attorneys are former insurance defense attorneys, which means that we understand the other side’s tactics. This allows us to further our clients’ cases at trial or through settlement by using this inside knowledge and experience. Call us at 404-920-4708 or fill out the contact form on our website for a free case evaluation.]]> On Behalf of J. Franklin Burns, P.C. https://www.jfblaw.com/?p=47248 2021-05-11T07:09:45Z 2019-03-25T04:00:00Z

case before a Georgia appellate court, the court considered whether an employee who was injured while leaving for a lunch break was entitled to workers’ compensation benefits. According to the court’s opinion, the employee was working as a seamstress. One day, the employee took a lunch break and as she was walking out to her car, she tripped on the sidewalk and was injured. She sought workers’ compensation benefits under Georgia’s Workers’ Compensation Act. A judge decided that she was entitled to benefits under the “ingress and egress rule” and because she was on a scheduled lunch break. The employer appealed, and the State Board of Workers’ Compensation reversed the decision, finding the employee was not entitled to benefits because the injury occurred while she was on a scheduled break. The employee appealed, and after an affirmance from the superior court, the employee appealed again to the Georgia Court of Appeals. Injuries Covered by the Workers’ Compensation Act To be entitled to benefits under the Workers’ Compensation Act, a worker’s injury must arise “out of and in the course of employment.” This means generally that injuries must occur at work and while performing the duties of the job. Georgia courts have created exceptions to this general rule, including the ingress and egress rule and a scheduled-break exception. The ingress and egress rule allows claimants to recover benefits if an employee is injured while going to or coming from work, as long as the employee is still on the employer’s premises. The scheduled break exception allows claimants to recover benefits if an employee is injured during a regularly scheduled break.   The Court’s Decision The court explained that some courts had previously held that an employee’s injury was compensable if the employee was injured while leaving the premises if the employee was on a regularly scheduled break. However, a more recent case held that the ingress and egress rule does not apply to cases in which an employee was injured while leaving or returning during a regularly scheduled lunch break. Therefore, the appeals court decided that the employee’s injury was not compensable under the Workers’ Compensation Act, because she was injured while leaving work during her break. Notably, one judge on the appellate panel dissented from the court’s decision, stating that the employee should receive compensation. He reasoned that an employee leaving for a work break should be entitled to the same coverage as an employee leaving at the end of the workday. However, the majority held the employee was not entitled to benefits, and that decision will stand unless that decision is overturned on appeal. Contact an Atlanta Workers’ Compensation Attorney If you have been injured at work or even on your way to or from work, you may be entitled to Georgia workers’ compensation benefits under Georgia’s Workers’ Compensation Act. The workers’ compensation attorneys at J. Franklin Burns, P.C. carefully analyze our clients’ claims to determine whether they are entitled to benefits and what can be done. Our Atlanta workers’ compensation attorneys have over 90 years of combined experience and fight for the rights of injured workers throughout Georgia. Call us toll-free at 866-328-4978 or through our website to set up a free consultation.  ]]> On Behalf of J. Franklin Burns, P.C. https://www.jfblaw.com/?p=47030 2020-02-17T06:59:58Z 2019-02-13T05:00:00Z

case involving a coal miner who was attempting to obtain benefits under the Black Lung Benefits Act. The Facts of the Case According to the court’s opinion, the claimant worked as a coal miner for about 30 years, during which he suffered two heart attacks. Despite having difficulty breathing, the claimant continued to work. Evidently, he smoked cigarettes for many years but quit smoking after his first heart attack. The claimant’s breathing problems became severe about six years after he had stopped working as a coal miner. He used an oxygen monitor and supplemental oxygen when his oxygen levels got too low. After his breathing problems worsened, the claimant sought benefits under the Black Lung Benefits Act. His claim was first denied, but he successfully appealed. The claimant’s employer appealed to the state’s high court. Benefits Under the Black Lung Benefits Act The Black Lung Benefits Act was passed to provide compensation and medical benefits to coal miners to treat their lung injuries. The Act is meant to apply to coal miners who develop pneumoconiosis, a lung disease that is caused by inhaling dust. The Act also provides benefits to family members of coal miners whose deaths are attributable to the disease. The Division of Coal Mine Workers’ Compensation, also known as the Black Lung Program, administers claims filed under the Black Lung Benefits Act. The Division provides monthly compensation and medical coverage for treating covered lung diseases.   To be eligible for benefits, a claimant must show: 1) the miner has pneumoconiosis, 2) the pneumoconiosis arose out of working in coal mines, 3) the miner is totally disabled, and 4) the pneumoconiosis contributes to the miner’s total disability. To show that the miner’s injury is totally disabling, the miner has to establish that the impairment prevents the miner “from performing his or her usual coal mine work” and “from engaging in gainful employment . . . requiring the skills or abilities comparable to those of any employment in a mine” in the area near the miner’s home. The Court’s Decision In this case, an administrative law judge first denied the miner’s claim because the judge decided the claimant had not proved he had a totally disabling respiratory or pulmonary impairment. The claimant then appealed to the Department of Labor Review Board, who reviewed the claim, sent it back to the administrative law judge for further consideration, and who then granted the claim. The employer then appealed to the Board, who affirmed the judge’s decision, and the employer appealed again to a federal appeals court. The federal appeals court decided that the claimant proved that he was entitled to benefits under the Black Lung Benefits Act. The claimant had credible evidence supporting his claim that he had pneumoconiosis and that he was disabled from engaging in work as a coal miner. Contact a Georgia Workers’ Compensation Attorney Work injuries can have devastating effects on the worker and the worker’s families. Do not let insurance companies take advantage of you during this difficult time. The Atlanta law office of J. Franklin Burns, P.C. is dedicated to representing injured workers. Our Georgia workers’ compensation attorneys are authorities on Georgia’s workers’ compensation law, and as former insurance defense attorneys, we understand the other side’s strategies and tactics. For a free consultation, call 404-920-4708 or contact us through our online form.  ]]> On Behalf of J. Franklin Burns, P.C. https://www.jfblaw.com/?p=46628 2020-03-26T10:17:33Z 2019-01-10T05:00:00Z

The Facts of the Case According to the court’s opinion, the claimant suffered a neck injury while at work, which was covered under workers’ compensation. Although the claimant had preexisting neck injuries, the claimant received workers’ compensation benefits to treat his neck pain. An orthopedic surgeon evaluated the claimant’s neck and recommended cervical fusion surgery. The claimant filed a claim to have the operation covered under workers’ compensation. The employer then had an independent medical examiner evaluate the case, who found that the work injury was not the major contributing cause of any condition for which the fusion surgery was recommended, and the employer denied the claim. The appeals court found that the workers’ compensation judge correctly decided that the claimant’s neck condition, including preexisting injuries, was compensable because the employer treated the preexisting injuries initially and failed to timely raise that issue. However, the claimant had another unauthorized surgery before the workers’ compensation issue was resolved. The appeals court explained that the claimant had to prove that the unauthorized surgery was compensable, reasonable, and medically necessary, and that claimant did not present any medical testimony concerning the cause and medical necessity of this surgery. Therefore, the court reversed the order providing compensation for the unauthorized surgery. Authorization of Medical Treatment under the Georgia Workers’ Compensation Act Under Georgia’s Workers’ Compensation Act, an employee covered under the Act has the right to medical care related to his work injuries, which includes “medical, surgical, and hospital care and other treatment, items, and services which are prescribed by a licensed physician . . . which in the judgment of the State Board of Workers’ Compensation shall be reasonably required and appear likely to effect a cure, give relief, or restore the employee to suitable employment.” Medical treatment is usually provided by an authorized treating physician, which the employer has the right to designate to a certain extent. The treating physician can arrange for consultations or other specialized services without prior authorization, but some tests and treatment may also require pre-authorization. Under Georgia Workers’ Compensation law, medical treatment and tests prescribed by the treating physician should be paid by the employer as long as they are related to the on-the-job injury, and are either 1.) reasonably required and appear likely to either effect a cure, 2.) provide relief, 3.) restore the employee to suitable employment, or 4.) establish whether the employee’s condition is causally related to the work injury. Atlanta Workers’ Compensation Lawyers If you have been injured on the job, you may be entitled to Georgia workers’ compensation benefits. The workers’ compensation system can be difficult to navigate, and a successful workers’ compensation claim requires an ability to articulate your claim and your expenses clearly. The law office of J. Franklin Burns, P.C. has decades of experience handling all types of Georgia workers’ compensation claims. Our law firm offers our clients quality legal representation and responsive client service. To learn more, contact our law firm for a free consultation and case evaluation at 404-920-4708 or through our online form.  ]]> On Behalf of J. Franklin Burns, P.C. https://www.jfblaw.com/?p=46567 2020-02-17T06:59:58Z 2018-12-17T05:00:00Z

case, a state supreme court considered whether a deputy working security part-time at a grocery store was an employee of the store. The Facts of the Case According to the court’s opinion, the deputy was employed by both the sheriff’s department and the grocery store. While he was working, he saw a woman he believed was shoplifting, approached her, and found merchandise that she had concealed. The woman was escorted to the manager’s office, and the deputy placed her under arrest. She asked to use the bathroom, and when he uncuffed her, she ran. While he was running after her, he sprained his ankle and was out of work for five weeks. The grocery store argued that it did not have to pay workers’ compensation benefits for the deputy’s injuries because he was an independent contractor, not an employee. The court explained that it was not important that the deputy was paid by the store, because that is true for both employees and independent contractors. The court reasoned that he was not an employee because he had to obtain permission from the sheriff’s department to provide security at the store, the sheriff’s department required him to wear his uniform and carry his gun and handcuffs, he was not trained by the store, and the store did not interview him for the job. The court found that all of the factors pointed to the conclusion that the deputy was an independent contractor and, thus, was not entitled to workers’ compensation benefits from the store.   Independent Contractors under Georgia’s Workers’ Compensation Act Under Georgia’s Workers’ Compensation Act, an employee is defined as a person “in the service of another under any contract of hire or apprenticeship, written or implied,” subject to certain exceptions. In contrast to an employee, an independent contractor is typically not entitled to workers’ compensation benefits from the principal contractor. Whether a person is an employee or an independent contractor is not always straightforward, just as the case above shows. Georgia law requires that the employer have a right of control over the employee. What that means is that an employer has a right to control how the work is completed, and not just the final product. There are several other factors courts will consider in determining whether there is an employer-employee relationship, including whether an independent contractor relationship was intended and how the worker is paid. Contact an Atlanta Workers’ Compensation Law Firm With over 90 Years of Combined Experience If you have been injured at work, you may be entitled to Georgia workers’ compensation benefits, even if your employer claims that you are an independent contractor. The workers’ compensation attorneys at the Atlanta law office of J. Franklin Burns, P.C. have the dedication and experience you need to feel comfortable placing your case in their hands. Our attorneys are passionate about fighting for the rights of injured workers throughout Georgia, including in and around the Atlanta area. Call us at 404-920-4708 or fill out the form on our website.  ]]> On Behalf of J. Franklin Burns, P.C. https://www.jfblaw.com/?p=46557 2021-05-11T07:14:42Z 2018-11-14T05:00:00Z

opinion, the court considered a case involving a preexisting condition that was allegedly worsened by a work injury, and determined the extent to which the injury was covered under workers’ compensation. In that case, a law enforcement officer allegedly took several blows to the left side of his head during a training course at work. He suffered severe headaches and, a month later, suddenly lost most of the vision in his left eye. Two physicians evaluated the officer and believed that the vision loss was not related to the blows he sustained, but was caused by an underlying condition of defective blood circulation to his left eye A medical examiner also evaluated the officer and opined that if he had not suffered the blows to his head, he “most likely” would have retained most of his vision, but that the officer could still have lost his vision due to the underlying condition. The medical examiner determined that 85% of the claimant’s disability was caused by a preexisting condition, and 15% was caused by his work injury.   Under state law, an employer is liable under workers’ compensation law only for the percentage of disability caused by the employment-related injury. Despite this, the workers’ compensation judge decided that the officer had suffered a 40 percent permanent disability without apportionment between his underlying condition and the work injury. An appeals court disagreed with the workers’ compensation judge. The court explained that the medical examiner attributed the claimant’s disability to both the work injury and the underlying condition, and found that the underlying condition was largely the cause of his loss of vision. Therefore, the court sent the case back to adjust the award, apportioning 85% of the disability to the officer’s preexisting condition and 15% to his work injury. Aggravation of a Preexisting Condition In Georgia, the Workers’ Compensation Act considers an aggravation of a preexisting condition as a separate work injury. However, under O.C.G.A. § 34-9-1(4), an injury caused by the aggravation of a preexisting condition is covered under the Workers’ Compensation Act “only for so long as the aggravation of the pre-existing condition continues to be the cause of the disability.” This means that if a claimant returns to the same pre-aggravated condition the injury is no longer compensable. Contact an Atlanta Workers’ Compensation Lawyer Suffering an injury on the job can be devastating, and the Georgia workers’ compensation system can be difficult to navigate. The Atlanta workers’ compensation attorneys at J. Franklin Burns, P.C. have over 90 years of combined experience fighting for the rights of injured workers throughout Georgia. Do not let insurance companies take advantage of you during this difficult time. We do not seek quick settlement of injury claims, and are willing to take your case as far as it needs to go. Contact us toll-free at 866-328-4978 or through our website to arrange a free consultation.  ]]> On Behalf of J. Franklin Burns, P.C. https://www.jfblaw.com/?p=46337 2020-02-17T06:59:58Z 2018-10-17T10:14:34Z

404-920-4708 or contact us through our online form.  ]]>