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How can I change my worker’s comp attorney while I’m in the midst of a legal process?

We understand that a work-related accident not only brings physical pain but potential anxiety about the uncertainty of recovering lost wages. It can be a traumatic experience; that’s why it is so important to have a personal injury lawyer who can guide you through the legal process and help you get compensation and workers’ comp benefits.

However, if you’re not satisfied with how your current workers’ comp attorney is carrying out your case, you can always change lawyers. In our blog article, we’ll tell you what steps you need to take to replace your current attorney.

But first, what is considered a work accident?

A work accident is any incident that occurs while performing tasks on the job that leads to a worker being injured or catching an illness. Work accidents that cause injuries are considered to be:

Although not all incidents that occur on the job are considered to be work-related accidents, it’s important to have a workers’ compensation attorney evaluate your case to determine if you have a case or not.

The legal process after a workplace accident

Once an incident has been determined to be a work-related accident, the next step is to hire an attorney and file a workers’ comp claim. Some benefits of having a workers’ comp lawyer include being guided on the forms you’ll need to file, gathering all evidence needed to prove your claim, and ensuring you meet deadlines to not miss out on receiving compensation.

After filing a claim, the process of negotiating with your employer’s insurance company begins. In order to get a good settlement, evidence is key. Insurance companies will protect their interests and find ways to not payout. If there isn’t an agreement, your case may go to trial where a judge and jury will determine the amount of money you’re owed.

We know that reaching a settlement is a lengthy and overwhelming process. That is why at Castan & Lecca, we listen to your story, gather all the evidence needed to back up your claim, point you to the right medical professionals, and prepare a legal strategy to get your compensation.

I’m not satisfied with my current workers’ comp attorney. How can I change attorneys?

There are a variety of reasons why someone might want to change attorneys in the middle of the legal process. The most common reasons are dissatisfaction with how a lawyer is carrying out their case, miscommunication, or lack of trust in the attorney’s ability.

We always remind everyone that in order to win a case, there must always be a trusted relationship between the clients and the attorneys. That being said, if you’re uncomfortable or unsatisfied with how your lawyer is carrying out your process, we recommend getting legal representation elsewhere.

Changing attorneys during a legal process isn’t complicated to do, but it is important that you follow these steps:

  •         Step 1: Inform your current attorney of your decision, in a respectful manner, that you’re going to change attorneys. We recommend providing them with the reasons behind your choice.
  •         Step 2: Take the time to find a workers’ compensation attorney who has experience in cases similar to yours and is willing and able to take on your case. Before making a decision, look at each attorney’s awards, cases won, and Google Reviews to know if they’re reliable and qualified.
  •         Step 3: Notify the judge about the change of legal representation in a timely manner to avoid delays in the process and to ensure that your new attorney is aware of the legal process’ current status and gather all the documentation needed for your case.
  •         Step 4: Provide your new attorney with all information and documentation related to the case so they can become familiar with the process and develop a new legal strategy.
  •         Step 5: Work collaboratively with your new attorney; have constant communication with them and establish clear goals to ensure that the case is progressing satisfactorily.

If you wish to change your attorney, we are ready to take on your case

If you suffer any work-related accident, your livelihood might be affected, and you may need legal representation to get your life back on track. That is why you shouldn’t settle for less in having an experienced attorney who can guide you through the legal process and get your compensation.

If you’re not satisfied with your current attorney and wish to change legal representation, remember this may delay your process and require additional time for your new lawyer. But again, you deserve to have the right workers’ comp attorney carrying out your case.

Regardless if you’re looking to switch to a new attorney or just need legal representation after being injured by a workplace accident, at Castan & Lecca, we’re here to help. Our legal team is ready to listen to your story and guide you through your process to get superior results for your case. Contact us today for a free consultation.

 

 

 

 

 

WHAT INFORMATION DO ATTORNEYS NEED AFTER A CAR ACCIDENT?

The time after a car accident can be confusing, traumatic and even chaotic. You could be injured, out of work, juggling doctor’s appointments or even without transportation. But it’s important for you to know that you have options–and you have a right to protect your own interests, especially if the insurers are telling you otherwise.

There could be a lot to expect–a lot of bills and a lot of expenses. To get prepared for the process following an accident, especially if you need to file a personal injury claim against the at-fault party, you’ll need to keep track of actions you take and the documentation you receive. All of this documentation will be crucial in filing your claim, getting your compensation or even going to trial.

This is why it’s important to retain legal counsel when you need to file a personal injury claim following a car accident.

In this blog post, we will review the types of documentation your attorney might need if they represent you in a car accident personal injury claim. Generally speaking, it’s important to keep track of any items or information you may receive in connection with your injuries from a car accident. 

Medical Documentation

As soon as possible following the accident, you should receive medical attention from a healthcare provider. Depending upon the nature of the accident, you may even receive treatment at the scene or be transported to the hospital.

Even if you feel that your injuries are minor, you should always receive medical attention as soon as possible following the accident. The sooner you receive treatment, the sooner injuries can be addressed–and the sooner you can heal.

But even beyond physical healing, the sooner you start documenting medical treatment, the stronger your personal injury claim could be.

What are the types of medical documentation your personal injury lawyer would need to help you file a claim? Here are just a few examples:

Medical Records – You will want to include any medical records that exist from after the accident (which would include treatment for injuries), but medical records from before the accident might be relevant as well if you had existing injuries that were made worse by the accident itself. It is also important to note that requesting medical records may take a long time, so request them as soon as possible so that your personal injury attorney may use them in your claim. 

Medical Bills – Any doctors’ or therapists’ bills from injury treatment would be relevant to your personal injury lawyer. Be sure to keep careful track of every appointment, every note and every bill. But medical-related expenses could also include hotel bills for having to travel for treatment, bills for medical equipment you may have needed to use, and any medical leave you were forced to take from work. 

Not only will you have to provide evidence of an injury diagnosed by a medical professional, but you may also receive compensation to pay for those bills. 

Injury Diary – Sometimes, it may be hard to recall all of the medications, treatments, therapies you had to take and how much pain you experienced after the accident. This is especially true for accident victims whose cases last several months. That’s why an injury diary is a good idea to keep track of how your life was affected by the injury from the accident. It will help you remember, in detail, important points about your experience.

Accident Documentation

If you are able, you should always take pictures following a car accident and document the scene. This includes getting the other parties’ information (insurance and driver’s license information), making note of the weather conditions and time of day, and any police report.

This accident documentation will be crucial for your personal injury claim. If your case goes to trial and fault must be established, the nature of the accident–including the evidence–will be called into question.

Insurance Information 

When you experience a car accident due to someone else’s negligence, you should always provide your legal counsel with any existing insurance policies you may currently hold. This will be important when your attorney must deal with the insurers during the claim process. 

It’s important to note that while you must work with insurance companies during the aftermath of an accident, they do not always have your best interests in mind. Their goal is to make sure they have to pay out as little compensation as possible.

This could mean trying to get you to sign away your rights early on in the process or delaying the process entirely so that you are prevented from even being compensated at all. This is why it’s important that your attorney has access to insurance information and all other documentation. 

Next Steps

So what do you do after you’ve been injured in an accident? First, you want to ensure your own personal safety and the safety of those in your vehicle. This could mean something as simple as moving the car from the traffic lanes or getting medical attention. You also want to document the scene of the accident in as much detail as possible. If you can’t take notes, you might want to use your phone to record an audio note of your thoughts or record a video. 

After that, you want to make sure you are assessed by a medical professional for any underlying injuries. Many times, car accident injuries aren’t immediately apparent and might cause victims to put off going to the hospital or seeing their doctor. If medical attention is delayed, it could cause the injury to worsen. 

After you’ve received medical attention, it’s important to secure your rights. At Castan & Lecca, we have a team of experienced attorneys that want to hear your story. Call us today for a free consultation of your case. 

The Takeaway 

So what’s next? Overall, it’s important to know that you should document everything you are able to after being in an accident. We know it’s tough, especially if you’ve been injured. But you are not alone.

At Castan & Lecca, we can help you keep track of every piece of documentation connected to the car accident and the personal injury claim–everything from transportation bills to doctor’s bills. Keeping track of this information will not only help you prove your case, but it will make sure you get the compensation you need for your recovery. 

We offer free consultations of car accident cases, so give us a call today. We want to hear your story.

 

 

DOES WORKERS’ COMP COVER CONSTRUCTION ACCIDENTS?

From a small project for an individual homeowner to a major commercial development, construction work can be dangerous. Very regularly, construction workers must contend with some extremely risky working conditions faced by workers across industries. As a result, serious work-related injuries at construction sites occur with an unfortunate frequency.

Regulations, specifications, inspection requirements, and job safety programs all aim to reduce construction site accidents and promote safety awareness in construction projects, but accidents can still happen, even if workers take all precautions.

You cannot control a careless jobsite or employer. And when you get injured, you should be entitled to compensation to keep a roof over your head.

According to the U.S. Labor Bureau of Statistics, in 2020, more than 1 in 5 workplace deaths occurred in the construction industry. Just over one-third of the deaths in this industry were due to falls, slips, and trips, and were almost entirely from falls to a lower level.

The state of Georgia functions as a no-fault workers’ compensation system. That means as long as your injury occurred during the course of your work, you do not need to prove your employer caused your injuries. 

In this blog post, we’ll review what you should do if you’ve been injured at a construction site, how workers’ compensation covers construction accidents, and why a personal injury attorney is the person to represent you against your employer’s insurance companies.

If you’ve been injured at work, you should know your rights–and know that you’re not alone. You deserve an experienced, accessible legal team who knows how to guide you through this tough process. Call us today for a free consultation. We want to hear your story.

 

The most common types of construction site injuries 

While a variety of incidents can occur at a construction site (which result in a wide spectrum of injuries), the most common type of accident is a fall.

As a result of a fall, a worker can suffer the following:

  • Broken bones (arms, legs, etc.)
  • Traumatic Brain Injury
  • Spinal Cord Injury

 

All injuries listed above could prove to be catastrophic or lifelong. No matter the nature of the injury, being injured in a fall could result in therapies, treatments, doctors’ visits, medications or even surgeries. It could also mean time off of work as you recover. 

This is why it is so important to have workers’ compensation to pay for all of the bills that will accumulate. Reach out to us to find out how we can help you secure the funds you need during this time. 

What to do after you’ve been in a construction accident

After you’ve had an accident in the workplace, there are a series of steps you must undertake so that it is easier for you to file a workers’ compensation claim in the state of Georgia. 

  • Get medical attention for your injuries as soon as possible
    • This could include having a colleague call 911. 
  • Start documenting your care as soon as possible
  • Report the injury to your employer and/or construction site manager, and note the name and position of the person notified
    • You should do this as soon as you can. 
  • Get the names and contact information of anyone who may have witnessed the accident
  • If possible, try to preserve any evidence related to your injury. This could include: 
    • taking photographs of the area where you were injured  
    • Taking photos of the injuries themselves
    • keeping the equipment or tool that was involved in your injury
  • Get in contact with a trustworthy personal injury lawyer to handle your claim


How workers’ compensation covers construction injuries 

After a workplace accident, you may need immediate medical attention. This could include treatment at the scene or even a trip to the emergency room. If medical treatment begins immediately, you or someone you know should document it. Every piece of documentation, prescription, treatment or correspondence becomes evidence when filing a workers’ compensation claim. 

The sooner you get medical treatment, the easier it will be to prove that your injury affected your ability to work. And the sooner you start compiling documentation, the easier it will be to file your claim–and get your compensation as quickly as possible.

How a personal injury attorney can help you

OK, so you’ve been injured in a construction accident. You’ve sought medical treatment, you’ve documented the scene–what’s next? In order to ensure that you get your workers’ compensation in a timely fashion, it’s best to work with a team of trustworthy attorneys who can guide you in this complicated process.

The workers’ compensation claim process in the state of Georgia can sometimes be complicated. For instance, you must alert your supervisor of the accident within thirty days of the accident date. If you do not do this, there could be delays in your claim. But, of course, you could be dealing with your injury–or even still in the hospital. That’s why it’s best to seek assistance from your workers’ compensation attorney so that they can make sure your employer is alerted on time.

There are also deadlines and filings that you must make to avoid delays or even not getting your compensation entirely. This is where an experienced workers’ compensation attorney would help you.

We’ve got decades of knowledge and experience on our side–and we know the system. It’s worth it to reach out to us so that we can help you get your life back.

The Takeaway

Dealing with a construction site injury can take its toll. The last thing you want to worry about is filing government forms, dealing with insurers or worrying about how you’re going to pay your bills.

Now that you know a little bit more about the nature of construction site injuries–and how the workers’ compensation system in Georgia works–you can rest a little easier. We’ve reviewed the common construction injuries, what actions you need to take following a construction accident and how a personal injury attorney can assist you during this time. 

If you’ve been injured at work and are curious about what rights you have, reach out to us at Castan & Lecca. We want to hear your story.

 

 

WHAT BENEFITS CAN I RECEIVE AFTER A WORKPLACE INJURY?

If you are injured at work, the process following the accident can be challenging, especially if you don’t know how to support yourself and your family. But you should know that you may be entitled to receive workers’ compensation if you are injured on the job.

In these work cases, your employer’s insurance company isn’t fighting for you—even if your employer is! To ensure that you can get the compensation you need to fund your recovery and cover living expenses, you should be represented by a workplace injury attorney. 

Every workers’ compensation case is different–because every worker is different and every injury is unique. Workers’ compensation law can be complex, so it’s important to have your rights represented so that you can recover without worry. 

It’s important to know that the state of Georgia has a no-fault worker’s comp system. This means that as long as your injury happened on the job or was caused by your work activities, you do not need to prove that your employer caused your injury.

At Castan & Lecca, we can represent you in your workers’ compensation case. We have the expertise, the knowledge and the resources to ensure that you can get the compensation you need during this challenging time. 

Because every workers’ compensation case can be complicated, it’s important to know the types of benefits you could be eligible to receive following an accident in the workplace. In this blog, we will cover the types of benefits employees can receive if they are injured on the job.

If you sustain a workplace injury, the workers’ compensation system is set into place so that you can cover medical and living expenses without worry. According to the Georgia State Workers’ Compensation Board, workers’ compensation is a state-run insurance program that is focused on paying workers who have been injured at work. Aside from the Georgia board, there is also the federal workers’ compensation program that the Department of Labor runs. 

 According to the state law, your employer is required to pay through this program. Benefits could include the following:

  • Medical benefits
  • Rehabilitation benefits
  • Income benefits 

All of these benefits could cover medical expenses like surgeries, procedures and therapies. Rehabilitation could include long term physical therapy you must undergo due to your injury. Income benefits are designed to cover any loss of income you might experience as a result of not being able to work. 

Workers’ compensation benefits usually are categorized in four ways:

Temporary Partial Disability

Under TPD, you can receive two-thirds of the total difference between your weekly paycheck before the accident and after the accident. According to Justia Law, the employer shall pay the employee a weekly benefit that is equivalent to two-thirds of the difference between the average weekly wage before the injury and the average weekly wage the employee is able to earn thereafter. This should not exceed $450.00 per week for a period not exceeding 350 weeks from the date of injury.

Temporary Total Disability 

Under TTD, you can receive two-thirds of whatever your weekly paycheck was prior to your injury. The amount you receive will not exceed $675 per week, but it must be more than $50. These benefits can last for up to 400 weeks, but if your injury was critical, you may be eligible to receive further TTD compensation. Critical injuries can range from damage to the brain, spinal cord, skull, or loss of a limb or loss of speech.

Permanent Partial Disability

PPD refers to a permanent partial disability that limits you to perform specific types of work. In the state of Georgia, you can also receive PPD when you have suffered “loss of use of body members or from the partial loss of use of the employee’s body.” These benefits are calculated based on the part of the body affected and your level of impairment.

Other Benefits


Medical Treatment 

In addition to compensating for lost wages, worker’s comp will also cover all medical treatment related to the injury or illness as authorized by your doctor. All authorized bills, (including but not limited to doctor, hospital, physical therapy bills, or prescriptions) could be covered by your workers’ compensation. 

In addition to bills, necessary travel expenses if the injury or illness was caused by an accident on the job. You may also be entitled to medical and vocational rehabilitation. If your injury is catastrophic in nature, you may be entitled to lifetime medical benefits.

The number of weeks of lost wages you are eligible for depends upon the nature of your injury, but for most medical benefits, the maximum benefit period is 400 weeks.

Benefits if You Experience the Loss of a Limb

According to the state of Georgia, you will receive benefits based upon an amount set by law. For instance, if you lost an arm or leg while on the job, you will receive benefits for 225 weeks. 

If determined by a physician that you can no longer use part of your body, you may also be eligible for benefits.

Death Benefits 

In the case of accidental death, your spouse or children are typically eligible to receive death benefits. The application process, however, can be extremely difficult or even require litigation. You will want to meet with a worker’s compensation lawyer quickly to guarantee your legal rights are protected.

The Takeaway

If you’ve been injured on the job, what are your next steps? Here is our quick guide to help you start the workers’ compensation process: 

  • Report the workplace accident to your supervisor as soon as you can
  • Seek medical attention for one of your employer’s listed healthcare providers
  • Call us at Castan & Lecca for a free consultation of your case: 770-800-7000

Getting injured on the job doesn’t have to be a harrowing experience. You can secure the benefits you need so that you and your family are provided for. Call us today. We want to hear your story.

 

Injured In a Car Accident – How Can I Get Medical Help and Compensation?

The aftermath of suffering a car accident can be an overwhelming and traumatic experience. So many emotions may be rushing through your body, which can leave you not knowing what to do. But remember, the first step after an accident is to check if you and other passengers have injuries. 

After examining your injuries, you might have doubts such as: “Should I call an ambulance? Do medical costs come out of my pocket? Who pays for my injuries?” Since we know that you may have more questions after an auto accident, in this blog article, we will provide answers to these issues and more information on receiving medical care after a car accident.

 

The first thing to do is: get medical help.

In any type of accident, personal injuries, work accidents, or car crashes, once you’ve checked if you or others have injuries, you should call 911 for an ambulance -if there are any wounds- and wait for the police to arrive on the scene.

Having first aid arrive at the accident scene can establish a link between the incident and your injuries. They document what injuries were visible right after the aftermath. These medical evaluations are a clear piece of evidence to show in your insurance claim, so the insurance company pays for your injuries.

Despite not feeling or seeing any injuries, you will still need to visit a doctor or go to the hospital. Why? Insurance companies can defend themselves from not paying your compensation by arguing that if you didn’t see a physician, you weren’t injured (or severely harmed). On the other hand, you might have injuries that can appear later on, which are:

  • Neck, back, or shoulder pain caused by whiplash.
  • Back pain due to injuries to the muscles, ligaments, or nerves.
  • Numbness in arms and hands.

For these reasons, we strongly recommend you visit a doctor within 24 hours after your accident. Any ache, pain, or sensitivity you have should be discussed with your physician to ensure they document all your symptoms. If there are any preexisting conditions, also disclose this to your doctor. Either way, you will undergo medical tests to check for any brain injury and get a proper diagnosis for your correct treatment.

Also, going to a doctor’s visit allows you to have the documents needed to show that the accident caused you physical harm. By doing so, you can:

  • Have a report of any progress or new health developments of your injuries.
  • Show the insurance company that your injuries are affecting your livelihood.
  • Have proof of all the physicians and therapy sessions needed during your treatment.

 

Who pays for my medical costs?

A common worry most accident victims may have is: who is responsible for paying for my medical costs? Is it my insurance company or the other driver’s insurer? Does it come out of my pocket? These concerns may cause stress and lead people to shy away from getting medical attention. However, we want to explain how this process works to calm any potential anxiety and assure you get medical care after a car crash.

In Georgia, each driver involved in an accident has to pay for their medical costs upfront. If you have a healthcare insurance plan, your insurer will pay for all of your treatment. Even having medical coverage (MedPay) can pay a portion of your bills.

But if you don’t have health insurance or money to pay and need medical help, it is recommended to have an experienced auto accident attorney on your side. Why? For example, here at Castan & Lecca, we count on an allied network of doctors and chiropractors that can treat you on a lien basis. In other words, their services will be paid once you reach a settlement for your injuries.

However, it’s not always going to be you who’s responsible for medical costs. Once your case is settled, you’ll receive a reimbursement of your medical bills from the at-fault driver’s insurer. That is why having an attorney on your side and keeping all of your medical documents can make sure you are completely compensated for your injuries.

 

How can Castan & Lecca help me during this process?

We understand that getting medical help after an auto accident shouldn’t be a road you take alone. At Castan & Lecca, we are committed to helping injured victims of auto accidents and even rideshare accidents get compensation for their injuries.

We guide you when you’re signing legal documents. The at-fault driver’s insurer or even your insurance company has one goal in mind: protecting their economic interests. To do so, they may confuse you with technical vocabulary or propose a lowball offer. Since we know their methods, our attorneys will explain in detail what you are signing to not lose out on your compensation.

On the other hand, we will help you file insurance claims quickly. One common mistake we see in these cases that lose out on a car accident claim is not meeting the deadlines to file a claim. Insurance companies use stalling tactics to delay the process as much as possible and try to go over the statute of limitations period. That is why we advocate on your behalf to speed up this process and attain superior results.

Lastly, when we start representing your case, not only are we making sure your medical costs are covered, we make sure you are compensated for:

  • Pain and suffering damages.
  • Lost wages and future lost income.
  • Car repairment costs.

At Castan & Lecca, we are ready to help your life get back on track after an accident. Call us today at 770-800-7000 or contact us to schedule a free consultation on your case. We are exceptional attorneys that bring superior results to our clients.

CAN I FILE A CAR ACCIDENT CLAIM IF I’M UNDOCUMENTED?

Car accidents are the most common type of personal injury cases, but they can prove to be complicated because every case comes with different circumstances. On top of that, you or your family might be taking time to recover from injuries sustained in the accident–which could leave you out of work. To make matters more challenging, your stress could be compounded by your undocumented immigration status.

Of course, your first priority should be you and your family’s well being–and you should be able to leave the work to legal professionals. Due to the complex nature of car accidents, it’s crucial to have an experienced, knowledgeable and trustworthy team on your side.

At Castan & Lecca, we have the decades of experience needed–coupled with the dedication to our clients and the relevant legal knowledge–to guide you through this trying time. Furthermore, we understand that being an undocumented immigrant can prove to make an already stressful situation even more difficult. But when you choose us, you’re getting a caring partner to reassure you–and secure your rights.

If you are in a car accident, you should know that you have rights, but you should proceed through the process of compiling evidence and ensuring everyone’s safety.

This process could include the following:

 

Keep Track of Evidence of the Accident

In the immediate aftermath of a car accident, there could be a lot of confusion, and it’s hard to maintain awareness of your surroundings. However, keeping track of evidence is crucial to your case, so you should be careful to write down or take pictures of everything you can.

 

Get Immediate Medical Care

Many of us have a tendency to brush off pain or cope with an injury following an accident. If there isn’t a visible problem, you could feel like there are more urgent matters to address. But insurance companies argue that if you didn’t go to the doctor, then you weren’t injured.

We highly recommend seeing a doctor within a day of your accident. Make sure you tell them every ache, pain, and sensitivity you experience. Most importantly, be sure to keep track of the paperwork—it’s evidence.

 

Get Guidance From Legal Counsel

Always have a lawyer present when you sign documents. Believe us when we say that you should not trust the insurance company. They are not working for you. When it comes to dealing with the insurance companies, it’s important for you to have a legal advocate on your side so that they can fight for your rights.

Insurance companies work very slowly because stalling tactics are designed to delay the process, so that you might not be compensated. If the insurance companies have been trying to delay your claims process, don’t wait. Get in touch with us so we can advocate for you.

Here is what you can receive if you file a car accident claim with the help of Castan & Lecca:

 

Types of Damages

When you’re injured in a car accident, you are entitled to compensation from the at-fault party. This compensation is known as “damages.”

 

Special Compensatory Damages

According to AllLaw.com, “Special damages cover any expense or loss related to an injury, and there is no limit to the types of special damage claims that can be made, or to the amount an injured party can claim.” Special damages are also sometimes known as “economic” damages. 

There are several different types of special (monetary) damages you might be entitled to, so let’s take a look at some:

  • Medical bills, including cost of future medical care
  • Loss of earnings, including loss of future earnings
  • Cost of household expenses
  • Costs associated with altered plans (canceled trips, etc.) 

 

Lost Wages 

Lost wages are a specific type of special or economic damages. If you sustain a serious injury in a car accident, you may be unable to work as you spend time in the hospital, attend doctor’s appointments, rest at home or even have to undergo surgery or physical therapy. As a result, you may experience a substantial loss of income. This puts your family’s wellbeing at risk.

But when you turn to Castan & Lecca, you can trust that we will fight for your right to compensation that will make up for your lost wages.

 

General Compensatory Damages

But many times, the impact of a car accident extends beyond the various bills that come with it. Sometimes, there are damages that cannot always be measured so concretely. These damages are known as “general” compensatory damages. According to Investopedia, “general compensatory damages […] include estimates of loss not involving actual monetary expenditure.” General damages are also sometimes known as “non-economic” damages.

Some general compensatory damages could include:

  • Mental anguish
  • Disfigurement
  • Long-term physical pain and suffering
  • Loss of consortium
  • Inconvenience
  • Loss of enjoyment of life
  • Loss of opportunity

 

Pain and Suffering

According to Merriam-Webster, the legal definition of pain and suffering is “mental or especially physical distress for which one may seek damages in a tort action.” Pain and suffering is considered non-economic or general compensatory damages. This particular type of damage can be difficult to measure.

Pain and suffering is sometimes determined by examining the types of injuries sustained and the severity of these injuries. An experienced personal injury attorney will help you determine what you are entitled to and the extent of monetary damages you may receive.

Many times, certain car accidents warrant certain specific types of pain and suffering like disfigurement, loss of enjoyment of life, and mental anguish. 

 

The Takeaway

When you experience a car accident, you should know that you may have rights to compensation, even if you have an undocumented status. Navigating the process alone can be overwhelming and challenging–that’s why you need a team of experienced legal professionals by your side to help you. We will ensure that your rights are protected. If you’ve been in a car accident, contact us at Castan & Lecca for a free consultation of your case.

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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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
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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
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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.