Legal Question in Workers Comp in Georgia
workmans comp.
Shoulder injury, dr. stated no repetitive lifting, lifting over 15 lbs, pushing/pulling of 20 lbs. Employer left me in dept. lifting from 100+ to 600 boxes a day, ranging from 7 lbs.-75 lbs. Fell in iced up freezer(they wouldn't fix) on same shoulder. Dr. stated injury (surgery) was much worse than MRI showed. Pushed/pulled pallets weighing up to 2000 lbs. from almost 9 wks (5 day work week) after Dr. stated limitations. Employer stated they would transfer me out of dept. 2 wks. after injury, but never happened. Had surgery, therapy, out for 140+ days, and shoulder is frozen amd may need breaking up. Other shoulder (Dr. states) needs a MRI also because of tendenistis. Is there a law suit after workmans comp benefits. Have pictures, witnesses to accident in freezer, #1 store for accidents in very large chain. Also video showing proper way to lift heavy boxes, but their shelving forces us to bend and lift 75 lb. boxes with arms/shoulders and also putting them above our heads on higher shelves. Receive one (1) box on shipment, most times must remove 3-10 current inventory boxes to rotate the new arrival box. These weigh from 7lbs. to 75lbs. and happens every day. Shelves & warehouse envirnoment causes you to lift wron
2 Answers from Attorneys
Re: workmans comp.
The information that you provided indicates that you may want to have an attorney involved to handle matters related to your work comp. claim and eventual return to employment. An attorney could also investigate whether your circumstances come within an exception to the general rule that workers compensation is your exclusive remedy against your employer.
The aforementioned information is provided as a courtesy and does not establish an attorney client relationship.
Re: workmans comp.
Georgia is an exclusive remedy state which essentially means that if you are hurt at work, your only remedy is under the workers' compensation laws. It is very difficult to get around the exclusive remedy rule and sue your employer outside of workers' compensation. You would have to prove that your injury was a result of purposeful actions on the part of your employer (they intentionally injured you for reasons not related to your job) and from the information you have provided, it sounds unlikely that you would be able to sue your employer outside of workers' compensation. Good luck to you.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
