Legal Question in Employment Law in Georgia

My husband was backed over by forklift that did not have an audible backup horn working at time of injury. According to OSHA regulations 1926.602(a)(9)(i), all bidirectional machines are suppose to be equipped with an operable horn that should operate when machine is moving in any direction. He has a catastrophic injury that will not allow him to return to work and do his normal job. My question is, can the company be held liable for not being in compliance with OSHA regulations and a personal injury suit filed in addition to workman comp claim?


Asked on 3/19/11, 7:17 am

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Let me first of all stress that your husband needs to have an excellent lawyer immediately - not just any lawyer, but a lawyer with experience in both worker's comp, product liability and OSHA regs.

Usually the answer is no. In general, the Workers� Compensation Act provides protection for the employers and insurers from tort actions. This protection is known as the �exclusive remedy provision.� The provision exists to protect the employers and insurers from additional exposure after being legally required to provide benefits without proof of any level of intent or negligence.

There are a few rare exceptions to this exclusive remedy provision. Perhaps one applies here. Possibly, for example, there could be a defective product claim against the forklift maker. But a suit against the company itself is probably barred.

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Answered on 3/20/11, 4:47 pm


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