Help me with my dad's worksman's comp/possible employer negligence issue. Do we need an attorney? Georgia?
Asked by kenj_yh
My father has worked for this furniture company for the past ~30 years. He does not have a driver's license and the company has said he has had problems since his Vietnam experience with "nerves". He works in the furniture warehouse. His job involves lifting furniture etc. He was asked to drive a tugger(similar to a forklift in size.) to move furniture around the warehouse. This past April he was in an accident in the tugger where he was driving it and it came off the loading dock of the warehouse. I don't believe he should have been on the vehicle anyway with no license or training. I'm not exactly sure how the vehicle came off the side of the warehouse dock, if it popped out of gear, or if he thought it was in reverse or whatever. He has been on workmans comp since April and will likely require knee surgery. He had a pretty bad concussion, but no breaks. Just generally beat up and a huge laceration on his head. The fall was roughly 5 feet. I know that in general workman's comp only covers medical bills and weeks pay is standard?? for permanent disability. Was this negligence to expect him to drive this vehicle, for which he was obviously not qualified? If so should we get an attorney for this situation? Please help me in this situation as I'm a little lost. Also can someone give a recommendation in south Georgia for a personal injury at workplace attorney? One who only does that and comp claims? I guess the reason to get the negligence case going is long term financial security for him. I'm really starting to believe that he won't be able to return to work because of this injury. This would be essentially cutting him out of viable work years remaining. No he did not request paperwork to not drive the tugger. He just did what he was told. It is in Pierce County, GA

Best Answer:
In most states, workers' compensation is the EXCLUSIVE remedy for a worker who is injured on the job. That means that the injured worker cannot sue his employer for negligence, etc. in a separate action, but must go through the workers' compensation procedure. Information about exclusive remedy (this has to deal with workplace violence but the premise is the same) in Georgia can be found here: http://www.gaworkerscomp.com/wna0899.htm More here (from an attorney's website): http://www.workers-compensation-georgia.com/ From the Georgia State Board of Workers' Compensation: http://sbwc.georgia.gov/02/sbwc/home/0,2235,11394008,00.html Basically, you want to find an attorney who specializes in workers' compensation. Contact your local county bar association for a referral. One instance where the exclusive remedy of workers' compensation is not applicable is if the employer doesn't have the coverage (hasn't paid for it and/or is not somehow exempt from it). You can check if the employer is covered here: http://sbwc.georgia.gov/00/article/0,2086,11394008_11400533_42600637,00.html Has your father made a claim? Here's the form: http://sbwc.georgia.gov/00/article/0,2086,11394008_11400533_11930453,00.html If you tell us what county you are in, I can probably locate the local bar association. Hope this helps!

you need a lawyer working with your doctor to determine long term situation
Answered by Doctor Deth

Well first of all negligence has nothing to do with Workers' Compensation. You said it right, WC only takes care of paying all medical bills, paying TD payments (Temparary Disability), PD (Permanent Disability) and any type of reimbursement. *Did he fill out the DWC-1 claim for so that the ins is liable for all the payments? *Im not sure what the problem is here? they are paying for the medical right? so then why would you try to get a negligence case going? You know, if it comes out on depositions that he was doing something that he was not supposed to they cant try to get out of paying all his benefits. *By all means you guys should contact an attorney, you never know. I hope that helps!
Answered by MJ

I've worked for Workers' Compensation attorneys for fifteen years. And YES, he most definately needs an attorney and fast! He will need an attorney to attend Workers' Compensation Hearings with him. He needs to know his rights. Workers' Compensation laws are very difficult to understand. They change in July of every year. So, please tell your dad to call an attorney today. I happen to live in South Georgia and there are many great attorneys. If he is close to Albany, Georgia have him call Jay Brimberry of Brimberry & Kaplan. I hope this helps hunnie.
Answered by theflirtingshack

Unless he had doctor's paperwork stating he was unable to drive the tugger, it's not likely negligence on the employer's part. We have employees with no licenses that drive fork lifts -- but they have had training on them, including safety training. He's an adult, did he make a request through ADA to NOT drive the tugger? It might not hurt to visit with a workers compensation attorney about this case -- that's likely your best best. I don't think negligence will apply here.
Answered by leysarob