Legal Question in Civil Litigation in Georgia

My husband was injured on his job. He is unable to return to work because of the injury. He is receiving workman's compensation. Our family income has dramatically decreased since he was injured, Our family dynamics have changed because we can no longer afford the things that we could prior to his injury. Our marriage has suffered tremendously because he is unable to perform any of his expected duties. He has basically become a liability, we are close to separation and all of these things are a direct result of his injury, it has put a tremendous strain on our marriage. Am I able to sue the company my husband works for on my behalf? If he wasn't injured, we wouldn't have these issues. This is very emotionally taxing and financially straining

Asked on 8/12/13, 9:19 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office

Unfortunately you cannot. You may want to see a bankruptcy lawyer to evaluate if a lawyer can help the two of you get past any debts, and sadly, you may need a divorce lawyer at some point. But mainly I'd suggest counseling. Bear in mind his injury isn't his fault. Good luck!

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Answered on 8/12/13, 9:46 am

Robert Gardner Hicks, Massey & Gardner, LLP

Under Georgia law you have no basis to sue, as the exclusive remedy is worker's compensation. He needs to make sure to have an attorney working on this for him and, if he is permanently disabled, consider filing for social security disability. The later may be an option for him to increase his monthly income, thus alleviating some of your financial issues.

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Answered on 8/13/13, 9:46 am

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