Legal Question in Workers Comp in Georgia

Injured worker threatens to sue

Last month a worker stepped backwards and fell through a not yet completed stairwell. Upon arrival at the hospital he refused to take a drug test. He was diagnosed with having a broken heel. He has lately been mentioning that he may sue. I am an independant contractor from NC and i am working under a head contractor. But still supervising the job. I would appreciate the advice and posibly an attorney to hire if this gets out of hand, thank you

--name removed-

please call after 6 pm or notify me via email.


Asked on 3/13/02, 7:56 pm

1 Answer from Attorneys
Jonathan Pope Hasty, Pope & Ball

Re: Injured worker threatens to sue

Thank you for your question. You certainly have exposure as an employer where your employee has a work related injury happening in the scope of and arising out of his employment. If you have 3 or more employees that are not independant contractors then you may have a claim against your workers' comp. insurance policy. If the worker is a private contractor he is not subject to the workers' comp. code sections and will not have a claim. Additionally, the fact that he did not take a blood test is important. If he was under the influence of drugs, alcohal, etc. it is not a compensable injury. You certainly may use this and his past history of drug abuse at work against him if a potential suit arises.

I hope that I have shed some light on your matter. Please do not hesitate to forward any other questions you may have.

Read more
Answered on 3/20/02, 11:01 am


Related Questions & Answers

More Workers' Compensation Law questions and answers in Georgia