What you need to know about roofing injuries

If you currently work in the roofing industry, you are likely to be hurt in a work accident. Being injured as a result of a mishap due to someone else’s fault can lead you to feel anguished, confused, and worried about your finances since you may be physically unable to work.

Nonetheless, knowing more about the most common roofing injuries, how to prevent them, and what steps you should take after suffering a roofing accident, can allow you to make sure your workers’ comp claim has success. With this blog article, here at Castan & Lecca, we want to provide you with the information you need to know how to prevent and react to these work hazards.

 

Most common injuries caused in roofing accidents

In 2021, according to the Occupational Safety and Health Administration (OSHA), the most frequently violated standard was not having the proper fall protection in place for construction workers. This fact becomes more appalling when you take into consideration that more than 10,350 workers suffer serious injuries each year when they fall from heights.

Since most roofing contractors work from heights, they’re at risk of falling off a roof and getting hurt. The most common injuries that stem from these accidents are:

  • Bone fractures: when a roofer falls off a ceiling, the brunt of their landing can result in broken bones.
  • Traumatic Brain Injury: if a worker falls from a significant height or gets hit by an object, the impact can lead them to suffer traumatic brain injuries. Long-term effects from these physical traumas may cause impairment in their emotional, mental, and cognitive abilities.
  • Spinal Cord and Back Injuries: falling from heights on a construction site can generate serious back and spinal cord injuries. In some cases, a spinal cord injury may cause partial or complete paralysis.

But not only are roofers exposed to fall accidents. Other work hazards that can cause them injuries are:

  • Puncture Wounds: roofers may puncture themselves by using a nail gun without the proper care.
  • Repetitive motion injuries: performing activities such as nailing or hammering boards for long periods of time can cause long-term effects such as tendonitis, carpal tunnel syndrome, and pinched nerves.
  • Heat-related injuries: working under the sun for long hours, especially during the summer, can cause roofers to suffer heat exhaustion, heat stroke, and receive severe sunburns.
  • Electrocution: roofers are most likely to face this danger when their metal ladders come in contact with power lines.
  • Falling objects: roofers may be hit by falling objects such as debris, materials, scaffolding, bricks, and unsecured construction materials (e.g., ladders).

 

How to prevent roofing injuries

Employers are legally obligated to keep their workers safe. In the roofing industry, OSHA standards are intended to keep workers safe while they perform their jobs. For example, proper safety materials must be provided to them in order to prevent workplace injuries. These are the personal protective equipment employees must have and use:

However, not only personal protective equipment keeps roofers safe while doing their job. Other OSHA standards that roofing employers must follow to avoid workplace hazards at a minimum are:

  • Train all workers in fall protection.
  • Supervise workers to make sure fall protection equipment is being used correctly.
  • Warn workers of potential hazards using color codes, safety posters, labels, and signs.
  • Place the official OSHA poster on the construction site to inform roofers of their rights and responsibilities.
  •  Keep records of workplace injuries and illnesses.
  • Provide employees and their representatives with access to medical records.

Not only employers are fully responsible for preventing workplace injuries. As an employee, the CDC has published a list of recommendations to prevent roofers from falling. Monitoring weather conditions, using a buddy system when working at heights, properly using a ladder, and securing scaffolds are some tips you should follow and apply to ensure both you and your coworkers’ safety.

Most accidents in the roofing industry can be prevented by making sure both you and your employer are taking the right steps in planning, training, and properly using safety protocols and equipment.

 

What to do when in jured in a roofing accident

In the tragic event, you were to get injured in a roofing accident, knowing what steps to immediately take whilst knowing your workers’ rights and workers’ comp laws can help you receive the compensation you deserve.

The first step you should follow is to report the accident to your employer and/or construction site manager. In fact, if you inform your injuries after a month, you may not be eligible to receive compensation.

We also recommend you get the names and contact information of witnesses who saw you get injured on the job. Additionally, taking pictures and videos of the accident scene can further back up your case when you’re filing a workers’ comp claim.

Next, you should seek medical attention right away. Remember, you cannot choose your personal physician to check your injuries. Only an approved doctor by your employer can examine your trauma and give you the medical care you need.

However, taking these steps is not the only thing that is going to help your workers’ comp claim. Since the legal process can become overwhelming, hiring an attorney that specializes in workers’ comp can help you with:

  • Securing the proper documentation and evidence to help your case, such as medical records.
  • Meeting deadlines to file your claim.
  • Negotiating with insurance companies.
  • Providing you with a legal strategy to identify weak points in your case.

Since Georgia operates on a no-fault workers’ comp system, as long as the accident happened during your work shift or was caused by any work activity, you’re eligible to receive benefits without not necessarily showing hard evidence to prove your injuries were caused by your employer’s negligence.

 

Get the legal help you deserve

If you were to get injured in a roofing accident, here at Castan & Lecca, our many years of experience in Workers’ Comp laws will make sure you receive the compensation you are rightfully owed. Contact us to have a free consultation to start working on your case right away.

Help! I was injured by a defective product

While being on the job, workers rely on their equipment to perform tasks. Investing in the best tools in the market help employees to continue mastering their craft. In addition, one would think that pouring more money into tools would provide them with greater safety than cutting corners in buying the same material from a generic brand.

However, no matter the amount of money you spend on tools, you are still at risk of getting injured by a defective product. Most likely, you may not know what steps to take after suffering these injuries and might even be a bit confused about how to file a claim against the manufacturer.

Don’t let these worries get the best of you. In this blog article, here at Castan & Lecca, we will provide you with the proper information on what types of injuries are caused by defective equipment and what is the legal procedure to get the maximum compensation for your losses.

 

Types of defective equipment

So what exactly is considered defective equipment? These are products that are considered to be unsafe or have any design or manufacturing flaw that is deemed to not have satisfactory quality. The types of product defects that are most commonly seen are:

1)      Manufacturing defects: these are caused whenever problems or mistakes occur during the assembly and manufacturing process of a single unit in a product line that was left unattended and has caused a safety hazard while someone was using it. This can usually result in severe and fatal injuries. Some examples of these defects can be:

o   Loose parts.

o   Incorrectly attached parts.

o   Improperly installed electrical circuits.

2)  Design defects: this happens when the equipment’s design has flaws or errors. Most of these defects affect an entire product line instead of a single item. Some examples are:

o   Mechanical defects on cars.

o   Children’s products that contain choking hazards.

3)  Marketing defects: also known as labeling defects, occurs whenever a product does not warn of the dangers when misusing the item, and therefore, users not knowing this information can be injured. Some of these examples are:

o   False claims.

o   Improper or lack of warning labels.

o   No safety instructions are attached.

o   Incorrect user instructions.

 

Common defective equipment injuries

When it comes to defective equipment, you are prone to suffer injuries. Depending on the amount of physical damage you receive, you can either suffer minor or fatal injuries. Some of these traumas can be:

  • Broken bones.
  • Cuts and lacerations.
  • Crushed extremities.
  • Concussions.
  • Blindness.
  • Amputations.
  • Loss of digits.
  • Electric shocks / electrocution.
  • Paralysis.
  • Toxic injuries (spray of chemicals or toxic materials).
  • Wrongful death.

Under Georgia law, in order to make a product liability claim, you must prove that your injuries were caused by the defective product and that you didn’t alter the item before the accident occurred. Remember, manufacturers are legally obligated to test their products and check to see if they’re safe to be used before launching them in the market. If you get injured, having an experienced product liability attorney on your side will help you win your case.

 

Steps to follow after being injured due to a defective equipment/tool

After being injured from using defective equipment, the first step you should take, like in all accidents, is to seek medical care as soon as possible. In the event the mishap occurred at work, notify your employer about what happened. Not only will your supervisor be alerted of the situation, but they can later become a witness in your case.

The next step is to file a claim against the manufacturer. With the help of an attorney, they will make sure you get compensated for your injuries while aiding you in gathering evidence (witnesses who saw your accident, photographs of the defective product, etc.). This will lead them to help determine the damages you’ve suffered, such as:

  •         Economic Damages: which are financial losses that were caused by the product. The compensations that the victim may pursue are medical costs or any lost income which are the wages they have missed out on due to being unable to work because of their injuries.
  •         Non-Economic Damages: these are subjective, intangible losses that the victim might suffer. These are considered to be emotional problems, scarring or disfigurement, pain and suffering, reduced quality of life, and loss of enjoyment that has stemmed from the accident.
  •         Punitive Damages: these are meant to punish the defendant, which in this case is the manufacturer. They’re intended to make sure that they fix their products. Only courts can decide how much these damages are going to be.

When filing a claim, you must keep into consideration the statute of limitation for a product liability case. If you don’t file your claim during the legal period of time permitted, or even promptly hire an attorney, the courts most likely will dismiss your case. Don’t lose out on your compensation by acting too late.

 

How can I get started on my defective product claim?

Here at Castan & Lecca, over the years, we have provided a successful defense and top-notch legal representation for our clients. Not only are we experienced in defective productive liability cases, but our team of attorneys and legal experts are ready to prove the negligence of the manufacturer.

If you have been injured by a defective product, you will need the experience of a product liability attorney. At Castan & Lecca, we are ready to help you obtain the maximum compensation for your injuries in these types of accidents. 

Contact us to schedule a free consultation to evaluate your case and create the best legal strategy to win. Remember, you’re not alone. We are exceptional attorneys and we achieve superior results.

What are the most common landscaping injuries and hazards?

It’s summer, the time of year when most homeowners desire to fix up their lawns and try to become the belle of the ball in their neighborhood. This also means that these are the best months for the landscape industry, as they’re where the most gigs appear. However, more lawns to fix can also mean a spike in work injuries.

According to the Bureau of Labor Statistics, in 2019 there were 12,380 reported injury cases within the landscape industry. In a huge industry such as this one, with over 1 million employed and 604,163 landscaping businesses in the U.S.alone, workplace injuries must be prevented. 

Therefore, in this blog article, you will learn what type of injuries you may face while landscaping, what are the most common hazards and how to avoid them, along with the rights you have as a worker in case you get injured on the job.

 

The most common landscaping injuries

Like in most manual labor jobs, landscape workers are exposed to suffer from work accidents. The most frequent on-the-job injuries you may face, without having the proper precaution to evade them, are:

  • Cuts and amputations when cutting plants or using equipment, such as chainsaws and gardening shears.
  • Fatigue from heat stress when working outdoors under the sun for long periods of time.
  • Slips, trips, and falls from heights when working in trees.
  • Overexposure to harmful chemicals from pesticides and other chemicals may result in toxic poisoning.
  • Hearing loss from not using the proper protection while working with noisy equipment.
  • Overexertion from lifting heavy equipment or using the incorrect technique.
  • Repetitive stress injuries (RSIs) from incorrect postures or undergoing the same physical task over and over.
  • Having a higher chance of electrocution from working in trees close to power lines, high voltage machinery, or faulty connections.
  • Transportation-related injuries from debris falling off a moving vehicle or if a worker isn’t careful enough while driving.

 

Common landscaping hazards

According to the Occupational Safety and Health Administration (OSHA), landscape workers face a series of potential hazards while performing their jobs. The perils you should keep an eye out for and their possible solutions to avoid them at all costs are:

1) Soil preparation and grading: when landscape workers are preparing the soil by mixing soil conditioners (such as fertilizer) or moving soil to desired elevations, workers can either: get injured using their equipment, be hit by drivers moving equipment, or slip and trip in uneven landscapes. You can avoid these injuries by:

  • Training and certifying operators and drivers with their equipment.
  • Wearing protective personal equipment like boots with traction soles and ear protection.
  • Staying clear of tiller blades.

2)  Irrigation: when irrigation lines are being installed or undergoing maintenance, using materials, like PCV glue or other adhesives, without protection can cause irritated skin, eyes, nose, and throat. Also, being exposed to trenches and excavations may lead to amputations and electrocutions. To be protected from these injuries, you must:

  • Wear protective gloves while manipulating adhesives.
  • Steer clear of trencher blades.
  • Inspect if your equipment works properly.
  • Call 811 before you start digging.

3)  Hardscape construction: while installing patios, decks, or even undergoing wood construction for clients’ lawns, not properly using a saw may lead to cuts and amputations. Even slips, trips, and lifting-related injuries can occur. The safety solutions you should take to avoid these hazards are:

  • Proper training and use of saws.
  • Wearing protective personal equipment such as ear protection.
  • Ensuring that the equipment is safe to be used.
  • Call 811 for any excavations.

4) Planting: when planting trees, shrubs, and grass for lawns, you’re not exempt to be injured while lifting objects, suffering from heat stress whilst planting, tripping, falling, or even from getting cuts and hand injuries like cramps when using tools. Take these proper precautions when planting:

  •  Get help to lift if needed.
  • Stay hydrated and work in the shade if possible.
  • Wear gloves while planting.
  • Keep your job area clean of debris.
  • Train and certify drivers.

5) Lawn and landscape maintenance: preserving a lawn with tasks like mowing, fertilizing, blowing, and even cleaning up may bring you hazards such as cuts, hand injuries, eye injuries, hearing loss, and chemical exposure. The safety measures you should follow while doing landscaping maintenance are:

  • Wear gloves.
  • Keep clear of rotating mower and brush-cutting blades.
  • When using blowers, wear protective goggles.
  • Maintain the mower’s settings to a comfortable and safe level to be used.

6) Tree care: when undergoing tree maintenance, whether it be pruning, chipping, or removing them, you are exposed to being in contact with power lines, getting hit by falling branches and tools, and tripping from heights. Avoid these hazards by:

  • Using protective personal equipment such as hard hats, safety goggles, and ear protection while using a chainsaw.
  • Knowing the drop zone of debris from trees.
  • Properly attaching and securing a tree tie.

Knowing these hazards and their precautions can keep you and your coworkers safe. Thanks to OSHA’s standards, your employer is legally obligated to provide their workers with the proper personal protective equipment, protocols, and tools to avoid workplace accidents. As a worker, you have the right to make these demands to be safe while working and speaking up about these dangers without fear of retaliation.

 

Landscapers’ rights when injured

Fortunately, if you were to get injured on the job, as a landscaper, you have worker rights. One of these rights is getting medical attention right away. It is not necessary for you to file a claim and wait for it to be approved to get the proper care for your injuries. However, under Georgia state law, you must see a doctor or physician that is approved by your employer. The company must provide information about its approved doctors to all employees.

The other right you have is that you’re eligible for workers’ comp coverage. The first step that you’re required to do is to inform your employer and the employer’s insurance about the accident. If you don’t report within 30 days of your injury as stipulated by Georgia law, you may completely miss out on benefits.

In addition, you can also file a claim against your employer in the event your injuries were caused by their negligence to keep you safe, which can lead you to receive maximum compensation. Since Georgia has a no-fault workers’ comp system in place, you don’t need to prove that your injuries were caused because your employer was negligent. As long as the accident occurred during your work shift or by work activities, it’s enough to have a strong case.

Lastly, you also have the right to have an experienced workers’ comp attorney legally represent you. An attorney can help you apply and receive benefits such as:

  • Temporary and permanent disability compensations: lost wages, coverage of medical costs, etc.
  • The necessary medical care for your injuries.
  • Vocational rehabilitation, in which due to your injuries, you will receive training or be educated for a new line of work.

Get the legal representation you need

If you’ve been injured in a landscaping accident, don’t wait any longer to start getting care. Here at Castan & Lecca, we are ready to help you with your paperwork, making sure your injuries are seen by a physician while gathering the amount of evidence you need to get the maximum compensation for your troubles.

Contact us to schedule a free consultation today to evaluate your case and

provide you with an accurate estimate of how much compensation is owed to you. Remember, you’re not alone. We are exceptional attorneys and we achieve superior results.

Castan y Lecca Group

The 4 Mistakes That Will Make You Lose a Car Accident Claim

Castan y Lecca Group
Imagine coming home from work and having a car accident on one of Atlanta’s busy roads. Do you know what actions you need to take to obtain successful compensation? What should you never do in the presence of the police? What should you do make a car accident claim? The vast majority of those injured in the state of Georgia do not carry out this type of action and end up regretting it. And the stakes are high! You must learn how to prevent a car accident in Atlanta.
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(864)761-4141

Dustin Thompson

Attorney

Dustin Thompson was raised in rural Camilla, Georgia. Dustin graduated from Georgia Southern University majoring in political science and history. After graduation, Dustin obtained a law degree from Georgia State University College of Law in Atlanta. Before becoming a lawyer, Dustin worked a variety of jobs from a watermelon farm in Mitchell County to a policy think tank in Washington D.C. Dustin has practiced law almost exclusively in the workers’ compensation arena since 2014. For nearly a decade, he worked for a large defense firm in Georgia representing employers and insurers and gaining the invaluable experience and knowledge of how insurers defend claims. In 2023, Dustin joined the firm to use his expertise and litigation skills to help individuals who have been injured as a result of work accidents and third-party negligence.  Dustin has been repeatedly recognized by Best Lawyers: “Ones to Watch” in the practice of workers’ compensation. Outside of work, Dustin enjoys traveling, hunting, and attending sporting events. He and his family are active in Buckhead Church.

MICHAEL BOESCHEN

Attorney

Michael Boeschen (Mike) was born in Wichita, KS and raised in Chattanooga, TN. Mike graduated from The McCallie School and went on to study history, Spanish, and Latin American Studies at Southern Methodist University in Dallas, TX. After graduation, he went on to pursue a law degree from the University Of Georgia School Of Law. During law school, Mike participated in the Legal Aid Clinic, assisting in the defense of indigent criminal defendants. Mike has been licensed to practice law in Georgia since 2002 and his main practice area consists of representing injured workers as they navigate through the Georgia workers’ compensation system. Mike is also fluent in Spanish. In his spare time Mike enjoys following soccer, cooking, and spending time with his wife and two young daughters. Mike and his family are parishioners of the Holy Spirit Catholic Church in Sandy Springs, GA

CHRISTIAN PECONE

Attorney

ED DENKER

Attorney

Edward Denker was born in Philadelphia, PA but has made Georgia his home since 1999. He graduated from the Pennsylvania State University with a Bachelor’s degree in liberal arts. He then earned his Juris Doctorate from the University of Georgia. Edward spent his first years in practice representing clients in personal injury and wrongful death claims. He then spent more than a decade honing his litigation skills representing employers and insurers in workers’ compensation claims, where he gained immense experience and knowledge of how insurers defend those claims. In 2017, Edward returned to his passion of representing people who have been injured at work or through the negligence of others. When he isn’t working, Edward enjoys spending time with his wife and their two children. He is also an avid sports fan, and enjoys cooking and travel

ILIANA DOBREV

Attorney

Iliana Dobrev was born in Bulgaria. After high school, she immigrated to the United States to study law. She graduated magna cum laude from Georgia State University with a Bachelor’s in political science concentrating on pre-law and minoring in Spanish. In 2015, she graduated from Georgia State University College of Law. While in law school, Iliana completed a Graduate Research Assistantship in Labor and Employment Law and Employment Discrimination and two externships in Immigration Law. As an immigrant herself, Iliana is passionate about advocating for and defending immigrants. She is delighted to help families stay together and pursue the American dream. Iliana is a member of the American Immigration Lawyers Association and worked in both a fellowship and a firm specializing in immigration law. Iliana is fluent in Bulgarian and Spanish
castan&lecca-iliana-bio

KEN THAXTON

Attorney

Ken Thaxton was born and raised in Roberta, GA. When Ken was a child, his father started a trucking business, which Ken ultimately spent over ten years working with through his late teens and twenties. Ken graduated from Houston County High School in Warner Robins, GA in 2001 with a 4.0 GPA. He then studied Business and Information Technology at Macon State College, ultimately graduating with a 4.0 GPA in 2004. After graduation, Ken continued to work with his father’s trucking company, and in late 2005, Ken and his father started an aircraft charter company, Southern Jet, Inc., under Part 135 of the Federal Aviation Regulations. Ken served as President of Southern Jet from 2006 until 2010, when he and his father sold the company. Ken is a Commercially Licensed Instrument, Multi-Engine Pilot. While serving as President of Southern Jet, Ken started Law School at the University of Georgia School of Law in 2009. Ken focused primarily on business and civil law, including Workers’ Compensation, while at UGA. He graduated Cum Laude and in the top 25% of his class from UGA Law in 2012. Ken is a licensed to practice law in the State of Georgia, and he is also a licensed neutral (mediator) in the State of Georgia. Ken represents small businesses in transactional matters and business conflicts, and he also represents injured workers and Plaintiffs injured in cases of negligence. During his spare time, Ken enjoys swimming, cycling, sporting clays, and fishing. He also does charity work with a national scholarship fund
castan&lecca-ken-bio

ALEXANDER LECCA

Attorney

Alexander Lecca (Alex) was born in Miami, Florida to immigrant parents from Cuba and Peru. Alex graduated from Coral Gables High School, where he was a recipient of the Elsa Glazer Award (given to students who graduate with a 3.5 GPA and above). He went on to study marketing at the University of Miami School of Business Administration. At the University of Miami he was also a member of the Pi Kappa Alpha fraternity. After graduation, he went on to pursue a law degree from St. Thomas University School of Law. In law school, Alex received several book awards and graduated Cum Laude. During law school Alex clerked for the Honorable Beth Bloom, had an internship with the Miami-Dade County Public Defender’s office, and clerked for a prestigious litigation law firm. Alex is licensed to practice law in both Georgia and Florida and handles workers’ compensation and personal injury cases. He is also a registered mediator with the Georgia Office of Dispute Resolution. Alex is also fluent in Spanish. During his spare time, Alex enjoys outdoor activities with his wife and four children. He also helps coach his children’s baseball, football, basketball, and soccer teams. Alex and his family are parishioners of St. Catherine of Siena Catholic Church

DANIEL CASTAN 

Attorney

Dan Castan is a senior partner at Castan and Lecca, PC in Buckhead and represents injured workers before the State Board of Workers’ Compensation and plaintiffs in State and Superior Courts of Georgia for injuries suffered in accidents. Dan litigated one of the seminal claims securing the rights of undocumented workers to receive Workers’ Compensation benefits in the state of Georgia when injured in the case of Wet Walls, Inc. vs. Ledesma. Dan has successfully fought and settled multi million dollar cases. He was born and raised in Newark, New Jersey to immigrant parents from Cuba. He received a Bachelor of Arts degree from Boston College and received his Juris Doctor from The Washington College of Law at The American University in Washington D.C.  Dan was admitted to the Georgia Bar in November, 1993.  He is an active member of the Hispanic Chamber of Commerce, Georgia Trial Lawyers Association, Atlanta Bar Association and the Workers’ Compensation Section of the State Bar of Georgia. Dan is a founding member and Director of the Latino Victory Fund Georgia and serves on the Board of The Latin American Association. Dan has been dedicated to getting Latinos elected to local, state and Federal offices in Georgia. He has been a Big Brother through Big Brothers and Sisters of Metro Atlanta and a mentor through The Latin American Association’s mentor/mentee program. Dan is married with two children.