What Georgia workers should know about lightning strikes, workplace safety, and their rights
Key points about workers’ rights during lightning storms:
- Georgia does not have a law that automatically requires all outdoor work to stop during a thunderstorm.
- However, employers that fail to address lightning hazards and protect workers may face OSHA citations and financial penalties.
- Workers can confidentially report unsafe working conditions to OSHA without fear of employer retaliation.
- Workers injured by lightning while performing their job duties may be entitled to workers’ compensation benefits.
Most Georgia workers know that they may be entitled to workers’ compensation benefits if they’re injured in a forklift accident, a fall from a ladder, or another workplace accident.
But what happens when an injury is caused by a lightning strike, tornado, hurricane, or other weather-related event?
While these incidents may seem like freak accidents or unavoidable natural disasters, workers who are injured while performing their job duties may still qualify for workers’ compensation under Georgia law.
In this article, we’ll explain whether employers can require employees to work during thunderstorms, which workers are most at risk for workplace lightning strikes, what injuries can occur, and what benefits may be available after a lightning-related work injury.
If you have questions about your rights or need help filing a claim in Georgia, contact the experienced Atlanta workers’ compensation attorneys at Gerber & Elkins today for a free consultation.
Which U.S. state is the most lightning-prone?
Lightning strikes occur throughout the United States, but some states experience significantly more lightning-related injuries and fatalities than others. According to the Centers for Disease Control and Prevention (CDC), the states with the highest number of lightning deaths and injuries include:
- Florida
- Texas
- Colorado
- North Carolina
- Alabama
- Arizona
- Georgia
- Missouri
- New Jersey
- Pennsylvania
Florida has had more than 2,000 lightning injuries over the past 50 years, earning it the nickname the “lightning capital” of the U.S.
Georgia’s inclusion on this list is a reminder that lightning is a real concern for workers across the state, especially those who spend much of their day outdoors.
Which workers are most at risk for a lightning strike?
Lightning can strike almost anywhere, but some workers face a much greater risk than others because of the nature of their work.
According to the CDC, work-related activities account for approximately 18% of all lightning fatalities, with farmers and ranchers facing some of the highest risks.
Other occupations that are particularly vulnerable to lightning hazards include:
Many of these jobs place workers in open areas, near tall structures, around metal equipment, or far from immediate shelter. Because lightning can strike miles away from a storm’s heaviest rainfall, outdoor workers often face risks even when weather conditions do not appear severe.
What are the most common injuries from a lightning strike?
A lightning strike can cause catastrophic injuries in a matter of seconds. Even workers who survive may experience long-term medical complications requiring extensive treatment and rehabilitation.
Common lightning strike injuries include:
- Severe burns
- Cardiac arrest
- Irregular heart rhythm
- Traumatic brain injuries
- Nerve damage
- Organ damage
- Hearing loss
- Vision problems
- Muscle injuries
- Fractures caused by falls or being thrown by the strike
- Memory and concentration problems
- Chronic pain
- Psychological trauma
Some victims experience symptoms that last for months or even years after the incident. In severe cases, lightning strikes can result in permanent disability or death.
What does OSHA say about lightning strikes while working?
The Occupational Safety and Health Administration (OSHA) recognizes lightning as a serious workplace hazard and recommends that employers take proactive steps to protect outdoor workers.
According to OSHA and NOAA guidance, employers should:
- Monitor weather conditions.
- Establish emergency action plans.
- Identify safe shelters.
- Train workers on lightning safety procedures.
- Suspend outdoor work when thunderstorms create a danger to employees.
OSHA also advises that workers should seek shelter immediately when thunder is heard. The agency notes that thunderstorms always contain lightning, so no outdoor location is considered safe during a thunderstorm.
Additionally, OSHA states that employers have a duty under the General Duty Clause of the OSH Act to provide a workplace free from recognized hazards likely to cause death or serious physical harm, including lightning hazards.
Can your employer make you work in lightning in Georgia?
Georgia does not have a law that automatically requires all outdoor work to stop whenever lightning is present. However, employers still have legal obligations to provide reasonably safe working conditions, and those who fail to address known lightning hazards could face OSHA citations and financial penalties.
Workers who are concerned about being required to work outdoors during dangerous thunderstorms can anonymously report unsafe working conditions directly to OSHA.
Complaints can be filed confidentially through OSHA’s website, by phone, or at a local OSHA office in Atlanta. Federal law also protects workers from employer retaliation for reporting workplace safety hazards or raising concerns about unsafe working conditions.
Whether an employer acted reasonably under the circumstances depends on the specific facts of the situation, including the nature of the work, the weather conditions, and the safety precautions that were available.
Can I get workers’ comp if I’m struck by lightning at work in Georgia?
In many cases, yes. Georgia’s workers’ compensation system is generally considered a no-fault system. This means injured employees do not have to prove that their employer did anything wrong to qualify for benefits.
Instead, the primary question is whether the injury arose out of and occurred during the course of employment.
If you were performing your job duties when a lightning strike occurred, you may be entitled to workers’ compensation benefits for medical care, lost wages during recovery, and permanent disability, even if the lightning strike was caused by a weather event outside of anyone’s control.
How do I file a workers’ comp claim after an injury in Georgia?
After a lightning-related workplace injury, take these steps to protect your right to benefits:
- Seek medical attention immediately. For non-emergencies, you’ll need to see an employer-approved medical provider.
- Report the injury to your employer within 30 days, but the sooner the better.
- File a workers’ comp claim by submitting Form WC-14 to the State Board of Workers’ Compensation within 1 year.
Workers’ compensation claims can become complicated when insurers argue that an injury was caused by a natural event rather than employment-related conditions.
So, be sure to consult a local Georgia workers’ compensation attorney if your claim is denied or disputed. An attorney can help gather evidence and protect your rights throughout the claims process.
Injured by lightning or another natural disaster at work in Georgia? We can help.
A workplace injury caused by a lightning strike, hurricane, or other natural disaster can leave you facing serious medical bills, lost income, and uncertainty about the future.
For more than 100 years combined, the Atlanta work injury lawyers at Gerber & Elkins Workers’ Compensation Attorneys have advocated for injured workers throughout Georgia.
If you have questions about your rights or would like help with your claim, contact our team today for a free consultation.
References
CDC. (2024, April 23). Lightning Strike Victim Data. Lightning. https://www.cdc.gov/lightning/data-research/index.html
Lightning Safety When Working Outdoors. (n.d.). https://www.osha.gov/sites/default/files/publications/OSHA3863.pdf
