How is fault determined in a pedestrian accident case?

A big part of being a personal injury lawyer is identifying and proving that other parties were responsible for the harm caused to our clients. Only skilled and experienced attorneys can correctly determine fault when it comes to more complex cases, like those related to pedestrian accidents.

From car crashes, and motorcycle mishaps to insurance company claims, pedestrian accidents can have many characteristics that make them difficult to solve at first glance. Still, our team at Castan Lecca & Boeschen is more than capable of seeing the small details and figuring out a successful winning strategy for most of our clients.

Knowing how to determine fault in these personal injury cases is what makes the difference at the end of the day. In this blog post, we will show you how to identify the most common ways to establish liability in pedestrian accidents.

Eyewitness Testimony

This is easily one of the most important factors in any pedestrian accident case. Eyewitness testimonies can corroborate the story of the victim and provide details that will surely help any investigation. Witnesses who observed the accident can provide crucial information about what happened and help determine fault. Interviews, depositions, and court testimonies are the most common way to gather everything an eyewitness can offer.

Having many people support the same story is a clear way to establish credibility for the victim and fault for any parties involved that behaved negligently. Passersby and police officers are perfect eyewitnesses for any pedestrian accident case.

Video Surveillance or Photographs

An invaluable piece of evidence in any pedestrian accident case would have to be anything related to a photo or video, especially if it shows the exact moment when the accident itself happened. These types of recordings or pictures can clear out any ambiguity left by the eyewitness accounts, allowing a personal injury lawyer to build an even stronger case.

Many pedestrian accident cases are decided with this type of evidence because it’s more definitive than any type of eyewitness testimony. As they say, A picture is worth a thousand words.

Police Reports

Many people hesitate to call the police right after an accident happened to them. Perhaps because they are afraid to get in trouble, or maybe because they don’t understand the correct procedure they need to follow if they want to pursue the incident legally. In any case, filing a police report can be a make-or-break decision when it comes to any pedestrian accident case, and any personal injury lawyer would advise you to follow through with it.

Any properly done police report may contain information about the accident, including statements from involved parties, witnesses, and any preliminary assessments of fault. Having this document prepared beforehand could facilitate and improve the chances of receiving a favorable outcome and adequate compensation later on.

Accident Reconstruction

In more complex situations, a personal injury lawyer might feel the need to consult with an expert to reconstruct the accident and analyze the evidence with a specialized eye. Accident reconstruction experts may be called upon to recreate the accident scenario and provide further insight into who was truly at fault.

They use techniques such as examining vehicle damage, skid marks, and other physical evidence to determine factors like vehicle speeds and positions at the time of the collision. These professionals work hand in hand with personal injury lawyers to determine the facts of the situation and present a solid case.

Pedestrian Behavior

Finally, analyzing and interpreting the behavior of the victim before, during, and after the accident is another way to establish fault in these types of cases. Many personal injury lawyers know that time is of the essence in these situations, and this also comes into play when it relates to how the victim acted. Did they call the police? Were they crossing the street correctly? Are they gravely injured? These and many other questions can completely change the perspective of any pedestrian accident case.

Factors such as whether the pedestrian was using designated crosswalks or obeying traffic signals are the first things any personal injury lawyer will assess before even investigating other aspects of the case. After proving that the victim was not acting negligently, other investigations can be done properly

Details regarding traffic laws and regulations are also taken into account since they should govern the behavior of drivers and pedestrians on the road. Violations of these laws, such as speeding, running a red light, or failing to yield the right-of-way, can be strong indicators of fault.

If you have been involved in a pedestrian accident recently, don’t hesitate to contact Castan Lecca & Boeschen. We will look at your case and advise you on your future legal moves. Trust our experienced and skilled team of personal injury lawyers in this difficult time of your life, so we can fight for your rights and aim to obtain compensation for all the damages and losses you may have suffered.

Which Injuries Are Not Covered by Workers’ Compensation?

Regardless of all of the precautions and safety measures in place, sometimes work-related accidents can still occur. According to the Bureau of Labor Statistics, total employer compensation costs for civilian workers averaged $42.48 per hour worked in December 2022.
As an employee, you should know that there are structures in place that ensure you are covered if you happen to be injured in a work accident.

If you suffer a burn, fracture or concussion on the job during the ordinary course of work, then you may be entitled to compensation through the workers’ compensation program. Furthermore, if there is evidence that there was no way to avoid the accident and someone else caused the injury, it is possible to still be eligible for benefits. But there are certain injuries that are not covered by the program.

In this blog, we will review a few injuries that are not eligible for workers’ compensation:

Commuting to Work

Injuries from Intentional Fighting

Intentional Injuries

Injuries from Drug or Alcohol Use

Commuting to Work

Workers’ compensation payments (which are paid out by your employer) occur when you’ve sustained an injury during the course of your job. Injuries sustained in the workplace are largely covered.

While commuting means you are intending to go to work, you’re still not technically at work. Commuting itself is not a part of your job, which means if you are injured in a car accident during this time, workers’ compensation may not apply to your situation.

It’s important to know that if you leave your job site to go on a break or go get food for lunch and sustain an injury during this time, the injury may not be covered by workers’ compensation protection—even if you were on the clock. However, if an injury occurs in the break room or cafeteria, you may be eligible for benefits.

Car accident injuries sustained while you are trying to get to your workplace do not fall under injuries eligible for workers’ compensation. However, if you use a car or drive as a specific part of your job, you might be eligible. It’s best to get a free consultation from a trusted, experienced legal team like Castan & Lecca so that they can review your case. They’ll be able to tell you exactly what you can expect.

Injuries from Intentional Fighting

If you engage in a fight while you are at work, any injuries sustained from that altercation may not be covered by workers’ compensation. Since fights occur outside of ordinary work duties, injuries from them are not covered unless it was directly involved with a specific work issue.

However, if ongoing fighting or physical altercations occur and the employer neglects to take responsibility for these issues, you may be eligible to receive compensation. Each case is different, so be sure to review the particulars of your situation with a trusted attorney like those at Castan & Lecca.

Intentional Injuries

While accidents do happen and workers are compensated for their injuries sustained at work, sometimes employees engage in dishonest practices. Workers compensation fraud could include employees intentionally trying to injure themselves so that they can get a pay out.

This dishonorable behavior is not at all eligible for workers’ compensation benefits. Every employee should know that each workers’ compensation case is investigated by several different parties–including the state board. If the nature of the case reveals an intentional injury has occurred, the injured employee will most certainly not receive benefits.

Injuries from Drug or Alcohol Use

If an employee is under the influence of alcohol or drugs while injured at work, the injury that might occur will not be covered by workers’ compensation. The employee will be deemed as engaging in reckless behavior that not only endangers themselves but their fellow coworkers around them.

If you are driving while impaired on drugs or alcohol, you may not be eligible for workers’ compensation. Since DUIs can occur due to the person’s own decisions and out of the scope of your work, your employer will not cover it.

It’s important to stay aware of your own behavior while commuting to work and while at work. This is especially true if the nature of your work includes operation of heavy machinery. Workers owe it to themselves and those around them to stay sober and safe during–and before–work hours.

What to Know About Workers’ Comp

So what can you do if you’ve been injured during the course of your work duties? You may be eligible for workers’ compensation benefits, which will be paid out by your employer. But there are a few things you should know:

Get help immediately. If you’ve been injured on the job, seek medical help immediately so that your injuries can be treated.
Let your employer know. The sooner you let your employer know of your injury, the sooner you may be able to receive workers’ compensation.
Document your injury. If you’re able, be sure to document everything about the nature of the accident and injury. This includes getting witness statements and evidence. It also includes keeping track of medical bills and documentation.
Be aware of filing deadlines. You should file your claim with the Georgia Workers’ Compensation Board as soon as possible so that you do not miss deadlines and delay your benefits.

An experienced legal team can help you ensure that your benefits get to you as quickly as possible. Speak to us today.

The Takeaway

Workers’ compensation can be a lifeline to those injured on the job. But many times, certain injuries are not eligible for benefits. It’s important for employees to stay informed about their rights and which injuries fall under workers’ compensation.

If you’ve been injured at work, you should know your options and what is available to you. Speak to us today and get a free consultation. We’re ready to hear your story.

What is premises liability and how does it apply to restaurants

Going out to eat at your neighborhood’s favorite restaurant is the perfect weekend activity. Whether you’re going out with family or friends, sharing a meal at your favorite spot is supposed to be a fun and pleasant experience.

According to a new survey, around 56% of Americans who eat out will do so between 3–4 times a week, including eating at restaurants and ordering food to go. So eating out is a fave for the everyday American, but sometimes, an injury or accident could taint this fun activity. If this happens, the restaurant could be liable if this was caused by negligence of the restaurant owner.

Premises liability is the legal concept where a property owner is liable for injuries to guests and visitors. In order to win a premises liability case, the guest or customer must prove that the property owner was negligent concerning ownership or maintenance of the premises. This commonly occurs in personal injury cases where the incident happened at a public place, like a restaurant.

It’s important to note that just because you were injured at someone else’s property does not mean the property owner was negligent or created an unsafe situation for them to be liable. You need to show and prove that the property owner knew or should have known that the premises were dangerous for the customers.

Restaurant owners are responsible for providing a safe space for their guests and visitors and providing a warning when conditions may be unsafe. They can be held accountable for injuries happening on the premises, including parking lots and surrounding areas. The most common injuries they could be liable for are slips and falls caused by spills, uneven flooring or pavement outside the restaurant, and poorly lit areas like parking lots.

Here are some examples of Premises Liability cases

Slip and fall: These are the most straightforward premises liability cases; some common conditions that lead to a slip and fall are:

Food or drink spill
Accumulation of ice and snow
Wet or oily floors
Hidden extension cords
Unsecured carpets or rugs
Broken/loose tiles or wooden floors, steps, or sidewalks

Defective conditions on the premises: This can be because of poor design, repairs or construction, building code violations, unmarked hazardous areas or insufficient maintenance. It includes: missing or damaged stairs, inadequate handrails, and damaged doors or windows.

Inadequate security: Most common in an apartment or office buildings but could also apply to restaurants.

Fires, water leaks, and floods: On the rare occasion a fire or flooding happens, the premise could be liable if these conditions cause injury.

Slips and falls because of spills are the #1 cause of injury in restaurant liability cases. Still, the customers must prove negligence in any case, so showing that the restaurant created a hazard, knew of it, or should have known of it is vital. Evidence of how long the spill was there, with no one cleaning it, will be a deciding factor in the case.

Restaurants could also be liable for negligent security if they have created an unsafe environment or conditions inside and around the restaurant. For example, if a drunken customer attacks or assaults another customer, the restaurant could be liable for providing alcohol to an already intoxicated person, especially if there has been a history of fights at that location. A dark parking lot could also be considered unsafe. Suppose there’s a history of robbery or rape at the site, and the owners didn’t provide additional security or lighting. In that case, they could be liable for creating unsafe conditions for their customers.

In order to file a negligence claim seeking damages, the customer must prove four elements:

Must show that there was a dangerous condition on the property: From a spill in the floor to a loose handrail, the customer must prove there was something causing danger in the premises.
Prove that the property owner knew or should have known of the danger: This refers to the owner’s duty of inspecting the property for dangerous conditions.
The third element refers to the property owner not fixing the situation: Failing to clean up a spill, repair the damage or prevent customers from going through any hazard that could cause injury.
Finally, the customer must prove that this caused their injuries: In Georgia, this requires establishing that the dangerous conditions caused the injury. This means that the incident is a direct result of the hazard.

Like any other public site, restaurants have the legal duty of keeping their customers safe from dangerous conditions. Exposing them to any hazard will leave the business owner liable.

Getting a team of attorneys to determine the best course of action will be the first step in filing a personal injury claim. Contact the personal injury experienced attorneys at Castan & Lecca; we have represented many accident victims who were injured due to unsafe conditions.

Who to notify after an accident on the job?

Creating a safe working environment is a priority for employers and employees; most companies have specific programs to prevent work-related injuries, but sometimes that’s not enough. If you get injured by performing any task at work, the first step should always be reporting it to your employer, preferably in writing, and the sooner you do it, the better. You’re not doing yourself or your employer any favors by pushing through pain or ignoring an injury.

Reporting an injury at work immediately should be obvious, but in many cases, employees fail to do so; even if you don’t require immediate medical attention, reporting the incident to your supervisor is essential and will prevent many potential issues. When an accident is not reported, your employer can deny medical treatment or will try to imply the injury happened outside of the workplace, causing problems with your workers’ comp benefits.

Failing to report an incident on time can cause several problems, not only with your employer but with your workers’ compensation insurance carrier or private health insurance.

Types of injuries sustained at the workplace

Most commonly, there are two types of injuries an employee can sustain at their workplace: an acute one, which refers to a sudden accident, fall, or strain, and an injury sustained over time, like carpal tunnel syndrome and repetitive use syndrome, among others.

No matter the type of injury, reporting it is essential since, under Georgia Law, the employee has 30 days to report it. So if the injury was acute, it should be reported immediately after. The 30-day period would begin to count for injuries sustained over time when the worker realizes they can’t perform their usual duties.

Workers’ compensation rights and responsibilities

According to Georgia Law, most, if not all, workers who suffered an injury at the workplace are eligible for some degree of benefits through the worker’s compensation system. These benefits can include reimbursement for medical treatment, rehabilitation support, loss of wages, and supplemental income. In the case of death, the worker’s dependents may also be eligible to claim certain benefits.

While finding an at-fault party is not typically a deciding factor in receiving workers comp benefits, workers should demonstrate a level of responsibility by following the process after sustaining an injury.

You should take these steps to protect your case:

Report the injury: Report the incident to your supervisor immediately and preferably in writing. Telling a coworker isn’t sufficient, also doing it promptly is vital. Waiting more than 30 days to report it can cause you to lose the opportunity to receive your benefits.

Get a list of approved doctors: Your employer should provide a list of approved doctors (sometimes known as a “panel of physicians”) you are allowed to see. If you need this list, ask your supervisor or the HR department.

If you have the approved doctor’s list and decide to go to your family doctor, your employer’s insurance company could use this as an argument to deny your worker’s comp benefits. If your employer doesn’t provide a list in a timely manner, go to your family doctor if required.

Get medical treatment: Schedule an appointment as soon as possible with one of the physicians and follow the treatment plan to the letter, including follow-up appointments, tests, and physical therapy if that’s the case. If you need emergency medical treatment, your employer worker’s comp insurance company must pay regardless.

File a claim with Georgia State Board of Workers’ Compensation: To protect your rights, file a claim with the State Board of Workers’ Compensation and send a copy to your employer and their workers’ comp insurance carrier. You can access it online or call the State Board directly.

Request a copy of the report and any notes filed on your case: Ask your employer for a copy of the report they must file to their insurance company and have all your medical records and files in order.

Update your employer on any changes: If your doctor gives you any restrictions to return to the job or excuses you from work, you need to keep your employer updated. All this information should be done in writing, and you should keep copies of your own. If your doctor excuses you from work indefinitely, check with your employer how to handle this situation and follow any agreement to the letter.

Ensure the insurer is informed of your injury: Most companies have a workers’ compensation insurance company that handles the claims for them; make sure the HR Department has reported your injury to them. It’s always good to check directly, so ask for the contact information of the agent handling your case.

Talk to an attorney: Last but not least, contact the trusted attorneys at Castan & Lecca if you believe you should file a workers’ compensation claim. We have handled countless cases, helped many workers get the benefits they deserve, and overcome any obstacles that may arise in the process.

How do weather conditions affect car accidents?

Commuting to and from work is part of most people’s daily activities; in fact, workers in Georgia have one of the longest commuting times in the country, with an average of 28.4 minutes each way. All this time on the road leaves Georgia residents more vulnerable to car accidents; recent statistics show more than 1,720 drivers are involved in accidents daily! That’s around 70 car accidents per hour. And one of the top 10 leading causes of car accidents is bad weather.

The fact is, bad weather increases the chances of a car accident, conditions such as fog, rain, and snow can hamper visibility and impact the performance of your vehicle.

Types of “bad weather”

When someone says “bad weather,” what first comes to mind is snow, but there are more categories of bad weather that can affect driving.

Black ice: When rain or snow freezes on the road, it creates black ice, patches of ice especially tricky to spot, hitting them can cause drivers to lose control of the vehicle in a matter of seconds.
High winds: Strong winds can cause debris like tree branches to hit the car and also, make large vehicles harder to control and cause them to rollover.
Rain: From a light drizzle to pouring rain, any type of precipitation can be dangerous; it makes the road slick, especially during the first 10 minutes of rain.

You may think that snow and black ice are the leading causes of weather-related car crashes, but the truth is that rainy conditions and wet pavement take the lead on what causes the most weather-related accidents.

Why is driving in the rain so dangerous?

Poor visibility: Heavy rain causes diminished visibility, affecting the driver’s ability to see ahead for obstacles and other drivers. According to the FHWA, nearly 70% of weather-related crashes occur on wet pavement.
Hydroplaning: This occurs when the car’s tires don’t have proper traction due to wet road surfaces, which can cause drivers to spin and lose control of the vehicle.
Speeding: Drivers often fail to adjust their speed when it’s raining, often causing rear-ended accidents.

How to prevent a weather-related car accident?

The best way to prevent a weather-related car accident is to avoid driving in these conditions, which is often impossible for most drivers. So if you have to drive, slow down, pay attention to the road, and take additional precautions like:

- Avoid braking suddenly: If you feel like your car is slipping, don’t brake; take your foot off the gas and turn the steering wheel in the direction you are skidding while gently tapping the brake pedal. This will likely straighten the path of the vehicle.
- Stay focused on the road: When weather conditions are hazardous, pay extra attention to the road ahead, and put away anything that might distract you, especially your phone. Other drivers or pedestrians could be stopped ahead, and you need extra time to brake, especially when the road is slippery.
- Slow down: There’s nothing worse you can do than speeding in bad weather; your safety is more important than getting home early. A slower pace allows you to brake if there are any obstacles in the road.
- Increase the distance between you and other vehicles: Double the distance between you and the car ahead, and avoid driving right next to another vehicle.
- Keep your headlights on: Even if it’s daytime, having them on will increase visibility and allow other drivers to see you in the distance. If the weather worsens, consider turning on your hazard lights, especially if you are slowing down.

Stay calm: Driving in hazardous weather can be scary even for the most experienced drivers, you may feel extra nervous, but staying calm is key to making smart and safe decisions.

Winterize your vehicle: If winter is approaching, make sure your tires and windshield wipers are in good condition, and replace them if necessary.

Car accident injuries can sometimes be nearly fatal, requiring a hospital stay, long-term medical care, and physical rehabilitation, leading to substantial hospital bills, loss of wages, and more. If you are in this unfortunate situation, you could wonder if you can get financial compensation. If a faulty party is involved, you might be entitled to it, but when the weather plays a role in a car accident, figuring out who’s at fault can be very tricky. However, the driver that caused the accident could still be liable as there are preventative measures that could have been taken to avoid it.

If you or a loved one are in this situation, reach out to an experienced attorney in Castan & Lecca that can assist you and figure out whether you are entitled to any type of compensation and how to handle this case.

Why is it important to seek medical attention right after an accident?

An accident can happen anytime and anywhere. Whether it be a car accident or a slip and fall, these incidents can cause serious physical pain and emotional damage. If these events were to ever happen to you, one of the best things to do is to seek medical attention immediately.

Why? Receiving medical care after an accident can help you know the kinds of injuries you sustained, detect any hidden injuries, provide you with the right treatment for a full recovery, and even be the proof you need for compensation.

In this blog post, we’ll explain the benefits of seeking medical attention and what you should do after an accident.

Reasons You Should Seek Medical Attention After an Accident

After an accident, it is normal for you to feel overwhelmed and confused. You might even be tempted to ignore your injuries and move on with your life. However, that would be the worst mistake you could make for your long-term health and well-being.

These are some of the other reasons you should seek medical attention after a car accident:

Detecting hidden injuries: Most injuries after an accident may not be felt right away, but if left undetected and untreated, they can worsen over time. However, a thorough medical examination can help you identify these injuries and give you the treatment you need.
An adequate treatment: With a prescribed medical treatment, not only will you have a complete recovery, but you may reduce the risk of any long-term complications down the road. A doctor may also provide you with physical therapy and medication to relieve your pain and reduce inflammation, as well as provide rehabilitation exercises to help strengthen injured areas.
Legal protection: If you were injured in an accident, whether it be at work, in traffic, or a public area —and the incident was caused by someone else’s negligence— you should seek medical attention immediately. By doing so, you’ll be able to document your injuries which can then help you establish that your injuries were indeed caused by someone else.

What are the cases in which seeking medical attention is even more important?

In some cases, seeking medical attention after an accident is even more important due to the severity of the injuries. These physical damages should be detected and treated as soon as possible to avoid further complications. Here are some specific examples of injuries where you shouldn’t waste time in seeking medical attention:

Head injuries: Any blow to the head shouldn’t be taken lightly. It can lead to serious complications, including brain contusions, skull fractures, and hemorrhages. If you get hit in the head, seek medical attention immediately to detect and treat these injuries as soon as possible.
Spinal cord injuries: After an accident, any injury or blow to the spine is another major concern. It can cause fractures, dislocations, and severe trauma to the back and spine. If you feel you have a spinal cord injury, stay as still as possible and call 911 to receive medical attention immediately.
Internal organ damage: Any internal organ injury can be hard to detect at first but can be life-threatening if left untreated. If you feel abdominal pain, difficulty breathing, or any other symptoms that may suggest internal damage, find medical attention right away.

What other steps should I take after an accident?

Seeking medical care is just the beginning of what you should do after an accident. Other steps include:

If you had a car accident, you’ll need to also call the cops for them to arrive at the accident scene. They can provide you with an official police report that clarifies who was most likely at fault.
If you had a workplace accident, you’ll need to notify your employer right away about what happened. If you wait more than a month to report what happened, you may lose on receiving your workers’ comp benefits.
Gather as much evidence as possible. Take pictures of the accident scene and your injuries, and get the names and contact information of witnesses. All of these proofs can help you back up your claim.
Contact an accident attorney. If you were injured due to someone else’s negligence, a lawyer can help you receive compensation for your damages.

Here are some final words for you

For you to get back on your feet after an accident, the best decision you can make is to seek medical attention right away to detect and treat your injuries. That is why when you visit an emergency room or a physician, disclose all information about the incident, the pain you feel, and any questions you may have. It doesn’t matter if you don’t feel pain right away. Always get yourself checked to avoid any future health complications.

The other step you should take is to contact an attorney to help you with your case. If you’re not sure whom to reach out to, at Castan & Lecca, our team of exceptional attorneys is ready to fight your personal injury, car accident, or workers’ comp case.

Not only are we willing to hear your story and provide you with a legal strategy, but if needed, we can also point you to medical care professionals we trust to give you the treatment you deserve.

If you have been injured due to an accident, contact us today to schedule a free consultation with one of our attorneys.

Can I file for a workers’ compensation claim if I am undocumented?

Whenever an employee suffers a work-related injury or illness, they can file a workers’ compensation claim. However, for undocumented immigrants, filing a workers’ comp claim can become an overwhelming process due to their fears of having any possible legal repercussions or having their immigration status exposed.

Nevertheless, we remind everyone that labor laws and regulations protect all workers, regardless of their immigration status. In this blog article, we want to explain the labor rights of undocumented immigrants here in the U.S. and the laws and regulations that protect them in workers’ compensation cases.

These are the employment rights undocumented immigrants have

Let’s start off with the fact that undocumented immigrants are entitled to the same workers’ rights as U.S. citizens and legal residents. This includes the right to a fair wage, safe working conditions, and protection against workplace harassment and discrimination. That being said, undocumented immigrants also have the right to file a workers’ compensation claim if they suffer work-related injuries or illnesses.

Despite any fear or hesitance undocumented immigrants may have in filing a claim, they should seek legal advice from a workers’ comp attorney. Why? A lawyer can provide legal advice on what steps to take and how they can file a workers’ comp claim without having any further problems down the road.

What are the Laws and Regulations that protect undocumented workers?

There are several laws and regulations at the federal and state levels that protect undocumented workers in workers’ compensation cases. At the federal level, there is the Fair Labor Standards Act (FLSA). Under the FLSA, all employees are covered with workers’ rights regardless of their legal status.

For example, in 2011, a federal court ruled that the FLSA applies to anyone hired by an employer, based on the FLSA’s definition of “employer.” What this ruling means is the FLSA’s interpretation contains no exceptions or exclusions for those workers who don’t have legal status.

On the other hand, on a federal level, the Occupational Safety and Health Act (OSHA) requires employers to provide a safe work environment for all employees, regardless of their immigration status. Not meeting these requirements may have serious consequences for employers.

At a state level, there are certain regulations that protect undocumented workers in workers’ compensation cases. For example, some states have laws that prohibit employment discrimination based on immigration status and ensure they have access to workers’ compensation. There are also state workers’ compensation programs that offer protection to undocumented workers, even if they are not covered by federal workers’ compensation.

In the state of Georgia, undocumented workers may receive temporary total disability (TTD) benefits if they are not authorized to go back to work by an authorized physician or if their employer cannot place them on light-duty work restrictions. Undocumented workers may also receive temporary partial disability (TPD) benefits if they can return to their previous job and earn a lower wage, but this usually depends on the employer’s capabilities to provide them with other “lighter” tasks.

In summary, undocumented workers have a right to file a workers’ comp claim, regardless of their legal status, and cannot be fired by doing so.

Here are some tips undocumented workers should follow while filing a workers’ compensation claim

At Castan & Lecca, we have more than 20 years of experience in labor and immigration law, so we are more than qualified to assist you in your workers’ compensation process. We remind all undocumented immigrants that they have the same worker rights as U.S. citizens.

However, we know you might feel afraid of any legal repercussions and might not be completely aware of how this process works. That is why we’re going to provide you with some tips to file a workers’ comp claim as an undocumented worker:

Seek legal advice from a specialized attorney. As an undocumented worker, it’s important to be guided by an attorney specialized in workers’ comp cases to help you correctly file a claim. An experienced lawyer can provide you with accurate information about the laws and regulations that protect you, eliminating any fear and questions you may have.
Gather evidence. If you gather enough evidence that shows you were injured or got sick on the job, you may have a greater chance of success in getting your claim approved. Proof that can back up your case includes medical reports, photos of the accident scene and your injuries, testimonials, and contact information of witnesses.
Be completely honest in your claim. When you’re filing your claim, try to be as accurate and honest as possible. Any false or misleading information you provide can damage your case and credibility.
Do not sign anything without having an attorney present. Whether you’re signing to accept an offer, or putting your John Hancock on wavering your legal rights, always have an attorney by your side. They can explain to you what exactly you are signing and if you should do so or not.
Don’t ever give up. Filing a workers’ compensation claim can be a long and challenging process. But if you feel like it’s going nowhere or your claim has been rejected for some reason, please don’t give up. If necessary, discuss your options with an attorney to see how your process can be sped up and be successful.

If you are considering filing a workers’ compensation claim and need legal assistance, contact us at Castan & Lecca to schedule a free consultation. Our experience in workers’ compensation cases, as well as our willingness to help out our clients, can provide you with the peace of mind that we’re taking the right steps to file your claim and get your benefits.

What Information Should You Give Your Lawyer After a Work Accident?

When a worker suffers an injury at work, it can be a stressful and overwhelming moment. In addition to dealing with the physical consequences of the injury, the worker must also face financial concerns and uncertainty about how to pay their medical bills and cover daily expenses while recovering. In these cases, it is important to hire a specialized workers’ compensation attorney to protect their rights.

However, for an attorney to provide the best possible assistance, it is essential to provide them with all relevant information about the accident and injuries. In this post by Castan & Lecca, attorneys specializing in workers’ compensation, we will explain what information a worker should give to their attorney to help ensure their workers’ compensation claim is handled effectively.

Personal Information

The first piece of information an injured worker should provide to their attorney is their detailed personal information, including their full name, address, phone number, and email address.

This information is essential for the attorney to communicate with the worker and provide updates on the status of their claim. Additionally, the worker’s personal information will be necessary for filing the required legal documentation for the claim. Make sure to provide accurate and up-to-date information to ensure smooth and effective communication between you and your attorney.

Accident Details

Another important piece of information that an injured worker should provide to their injury attorney when filing a claim is the details of the accident, including the date and time it occurred and how it happened.

It is crucial for the worker to provide a detailed description of the accident, including any hazardous situations or conditions in the workplace that may have contributed to the injury. Also, it helps to provide any photographs or videos the worker may have of the accident scene and the injuries sustained.

This information will help the attorney understand the circumstances surrounding the accident and assess who is responsible. Remember, the more details you can provide, the better your attorney’s understanding of your situation will be.

Injuries Sustained

The injured worker should also provide detailed information on the injuries sustained. This includes the type of injury, its severity, and any received medical treatment.

It is also important to include details about medical care, prescribed medications, and the names of the doctors and specialists who have treated the worker. With this information, the attorney can evaluate the value of the claim and determine the type of workers’ compensation benefits the worker may be eligible to receive.

Don’t forget to provide any relevant medical documentation, such as injury reports, bills, and medical records, to support your claim.

Witnesses and Statements

If there were any eyewitnesses to the accident, it’s important to provide your attorney with their names and contact details. If possible, request written statements from the witnesses, as these can be valuable in supporting your claim.

If there were no witnesses, be sure to provide any other evidence that may support your claim in your workers’ compensation case, such as pictures or videos of the accident scene or the injuries sustained. Your attorney will use this information to strengthen your claim and increase your chances of success in the workers’ compensation process.

Communication Exchanges with the Employer

The injured worker should provide information about any communication they had with their employer regarding the accident and the injuries sustained. If the worker has filed a workers’ compensation claim with their employer, they should provide any documentation related to that claim, including any written or email communication with the employer.

Additionally, if the worker has spoken to a supervisor or manager about the accident, they should provide details of those conversations. Your workers’ compensation lawyer can use this information to determine if the employer has fulfilled their legal obligations and can work to solve any issues that may have arisen in the claims process.

In conclusion, providing your workers’ compensation attorney with accurate and complete information is essential to ensure that your claim is resolved effectively and quickly. Remember to provide personal information, details of the accident, injuries sustained, witnesses and statements, communications with your employer, and any other relevant information that may help your attorney support your claim.

If you have suffered a workplace injury, do not hesitate to contact Castan & Lecca, specialized workers’ compensation attorneys. We have extensive experience working on cases involving work-related injuries and their families to obtain maximum benefits and compensation.

Request your free consultation now and we will guide you through the entire claims filing process. We are committed to helping you achieve the best possible outcome for your case. To schedule a free consultation, contact us by clicking here.

What is considered a severe personal injury?

When you’ve been injured–whether at work, in a car accident or due to the negligence of another–it can be life-changing. When you’re overwhelmed by doctors’ visits, insurance company calls, and keeping a roof over your head, you might not know where to turn.

Sometimes, injuries are mild and don’t require long-term care. But unfortunately, that’s not always the case. Sometimes you could suffer severe injuries that warrant months–sometimes years–of recovery or treatment. More severe injuries from accidents could mean surgeries–and they could mean that you’re out of work for a while.

An injury is damage to your body. It is a general term that refers to the harm that is caused by any number of events, including accidents, falls, hits, weapons, and more. Millions of people across the country are injured every year. These injuries range from minor to life-threatening. Injuries can happen at work or play, indoors or outdoors, driving a car, or walking across the street.

No matter the nature of the injury, when you’ve been hurt, you’ll need time to focus on your well being and your family’s care. When the injury is severe, it can be challenging: how do you balance your recovery or medical treatment while you pay your bills and watch over your loved ones?

According to Cornell Law School, a serious bodily injury is as follows:

a substantial risk of death
protracted and obvious disfigurement
protracted loss or impairment of the function of a bodily member, organ, or mental faculty

So when you’ve suffered a serious injury, also known as a catastrophic injury, you need a trustworthy team of personal injury attorneys to help you navigate this difficult time. Your priority should be on your recovery–let us take care of the insurance companies. We are able to get you the compensation you deserve so that you can get on with your life.

In this blog post, we’ll review the different types of severe personal injuries that you might be experiencing after an accident. If you’ve had a severe injury, reach out to us at Castan & Lecca. We want to hear your story.

Traumatic Brain Injuries

Traumatic Brain Injuries, or TBIs, are serious injuries that occur to the brain. They are capable of altering the way in which the brain operates, thus affecting the way you process information or think. These types of injuries can create lasting damage that could constitute a lifelong disability.

According to the Mayo Clinic, TBI symptoms could include:

Headache
Nausea or vomiting
Fatigue or drowsiness
Dizziness or loss of balance
Loss of consciousness for a few seconds to a few minutes
No loss of consciousness, but a state of being dazed, confused or disoriented
Memory or concentration problems
Mood changes or mood swings

TBIs can be either permanent or lifelong. It’s best to get treated by a healthcare provider as soon as possible. With Castan & Lecca at your side, you won’t have to go through this process on your own.

Amputations

An amputation, whether whole or partial, is when any body part is lost. This can happen as a result of an accident, assault, malpractice, negligence, or even defective product. This could include loss of appendages like arms, legs, feet, toes, hands or fingers. Amputation victims experience severe pain as well as having the overwhelming task of relearning how to go about their daily lives.

If you’ve suffered an amputation, you may be faced with extensive physical therapy and occupational therapy so that you can go about your life. In addition to physical injuries, it also can lead to emotional injuries, lost income or the inability to work, high medical costs, pain and suffering, loss of enjoyment of life, and many other obstacles.

Burns

While some incidents that might cause a burn injury could be blameless (after all, some accidents are just accidents), but sometimes your burn is the result of an auto accident, product defect, unsafe premises, a workplace problem or another incident for which someone was responsible.

If you’ve been burned while at work, you should seek immediate medical attention, alert your supervisor and document your experience, if possible. Burns can range from 1st degree to 3rd degree. There are several types of burns you could experience, whether at work or elsewhere:

Chemical burns

Inhalation burns

Gas explosions

Scalding

Thermal burns
Radiation burns

If you are severely burned, you can reach out to a trustworthy personal injury attorney to advocate for you and go up against your employer and their insurance company. When you’ve suffered catastrophic burns, you may be eligible for workers’ compensation so that you can get the medical care you need.

If you’ve suffered a burn because of someone else’s negligence, you might be eligible to receive compensation through a personal injury lawsuit or workers’ compensation claim.

Spinal Cord Injuries

Spinal cord injuries can be quite severe, causing either temporary or lifelong paralysis. According to the Shepherd Center, when someone experiences a spinal cord injury, the body may lose some essential functions if the nerves can’t communicate with the brain.

There are two main types of spinal cord injuries:

Complete – This type of spinal cord injury causes permanent, lifelong damage to the spinal cord. The result could be paraplegia.

Incomplete – This type of injury depends upon the nature of the damage. It could include limited ability to feel or more extremities–and the victim could heal from this type of injury. Though incomplete spinal cord injuries can vary depending upon the patient.

The Takeaway

Suffering a catastrophic injury can be life-changing. It can be hard to know how to proceed, especially when your family’s well being is on the line. If you’ve suffered a severe personal injury–whether it occurred at work, on the road or even while shopping or enjoying time with your family–you should know that you have rights.

At Castan & Lecca, we have a trustworthy, experienced team of personal injury attorneys who have decades of experience in personal injury law. The time after an injury should be focused on treatment and recovery–you have enough to worry about. Leave the work to us: we’re here to listen to your story.

What are the most common injuries after a car accident?

After an accident, it’s common for people to not see or feel any injuries at first. However, a few hours later, they may feel parts of their body becoming sore and have difficulty moving. That is why after an accident, one of the first steps should be to seek medical help right away, no matter if there seem to be no visible or severe injuries.

Here at Castan & Lecca, we recommend accident victims see a healthcare professional within the first 24 hours after a car accident, even if they don’t feel any pain at all. Although they may have minor injuries that don’t necessarily require medical attention, it’s best to rule out any possibility of hidden injuries with long-lasting side effects.

In this blog article, we’ll let you know the most common injuries people experience after a car accident, as well as, explain how to start taking legal action for your compensation.

The most common injuries you need to look out for

Neck injuries: Car accidents are one of the leading causes of neck injuries. These can be very serious and can affect the spine and nervous system. Symptoms may include severe pain, tingling, weakness in extremities, difficulty moving the head or neck, and trouble breathing or speaking.

Mild neck injuries may include sprains or strains, which usually heal within a few days or weeks with proper treatment. Serious neck injuries may result in fractures, dislocations, or nerve damage and may require surgery and long-term treatment.

Chest injuries: Physical damage to the chest can be very serious, since many vital organs, including the heart, lungs, liver, and kidneys, may be damaged. Symptoms associated with chest injuries include severe chest pain, shortness of breath, coughing up blood, pain when swallowing, swelling, and deformity of the chest.

One of the most common chest injuries is rib fractures, which can be painful and make it difficult to breathe or move. Other types of injuries are pulmonary contusions, which are bruises to the lungs caused by the blunt force of the impact and can result in heart, lung, or liver damage.

Extremity traumas: Leg and arm injuries may include bone fractures, sprains, dislocations, and nerve damage.

The legs and arms are particularly prone to fractures after a strong impact. Fractures can either be when a bone breaks in one place or a compound bone fracture when the bone breaks or cracks through the skin.

On the other hand, sprains occur when the connective tissue surrounding the joints is damaged by a sudden movement, fall, or impact. These injuries usually occur in the ankles, knees, and elbows. Symptoms may include pain, swelling, and joint stiffness. Sprains usually heal on their own within a few days or weeks with proper treatment.

Spinal cord injuries: Any damage to the spinal cord can affect the body’s ability to transmit nerve impulses. If the spinal cord is damaged, there may be a loss of sensation or paralysis in the arms or legs. In some cases, there may be damage to internal organs such as the bladder and bowels.

Spinal cord injuries can be mild or severe and may occur anywhere along the spinal column. Mild injuries may include sprains or strains, while severe injuries may include fractures, dislocations, or nerve damage. Some of these injuries can be permanent if not treated properly and may require long-term treatments such as physical therapy, medications, and in some cases, surgery.

Internal organ damage: After a strong impact in a car accident, internal organs may be damaged. These injuries can be severe and sometimes fatal, and may not appear or be felt immediately after the accident. Symptoms may include abdominal pain, shortness of breath, coughing up blood, pain when swallowing, and bluish or pale skin.

The most common internal organ damages occur in the heart, lungs, liver, kidneys, and stomach. Some internal injuries may require immediate surgery to repair any damage and prevent long-term complications. Other types of internal injuries may require long-term treatments, such as medication to control pain and inflammation.

Head trauma: Any blow to the head after an impact may lead to head trauma. Victims may have symptoms like severe headache, dizziness, nausea, vomiting, confusion, drowsiness, impaired speech or balance, and loss of consciousness. These injuries can also cause brain contusions and internal bleeding. In some cases, head traumas can be fatal or have permanent disabilities, including paralysis, problems with memory, or speech problems.

Psychological damage: Although most people believe that the most common injuries after a car accident are physical injuries, these events can cause psychological issues. Victims may suffer from anxiety, depression, post-traumatic stress disorder, and sleep disorders that stem from a traumatic car wreck and may need medical treatment to deal with them.

What happens next after noticing any injuries? How can I start taking legal action?

Car accidents happen every day. While some may be considered minor car wrecks and do not cause injury, others may cause serious injuries. The first line of defense in preventing further injuries must be finding a physician to evaluate your condition after the accident. The next step is to find an auto accident attorney ready to take on your case and get your compensation.

If you’re not sure whom to call for legal representation, at Castan & Lecca, we can take on your car accident case. Not only do we gather all the evidence needed to prove you weren’t at fault, but we can also point you to physicians or healthcare providers we trust that can provide you with the exact treatment you need. Contact us today for a free consultation.

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Eyewitness Testimony

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Accident Reconstruction

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The Takeaway

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Personal Information

Accident Details

Injuries Sustained

Witnesses and Statements

Communication Exchanges with the Employer

Traumatic Brain Injuries

Amputations

Burns

Spinal Cord Injuries

The Takeaway

The most common injuries you need to look out for

What happens next after noticing any injuries? How can I start taking legal action?

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