Legal Question in Personal Injury in Georgia

Neglegence of the employer

I was injured at work becouse my employer hired someone that was not knowledgeable about OSHA regulations in the medical work place.I have been trying to take action against him however GA law says I have to file under workmans comp.How do I get out of the workmans comp issue? My employer didn't even have workman's comp until the day after I was injured. My lawyer is dead locked and say's if I can find out something-anything of use to let him know.PLEASE help if you have any ideas.


Asked on 8/21/00, 9:46 am

1 Answer from Attorneys
Glenn Loewenthal Glenn Loewenthal, P.C.

Re: Neglegence of the employer

First issue is whether or not your employer was required to have workers comp. Not required if 3 employees or less. Assuming employer was required, you still need to file WC claim even if employer had no insurance. The WC Board will issue an award, then the superior court can enter a judgment against the owners of the company responsible for purchasing insurance. There is no other way to get out of WC claim.

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Answered on 8/22/00, 3:52 pm


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