Help me with my dad's worksman's comp/possible employer negligence issue. Do we need an attorney? Georgia?

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MJ	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! Was this answer helpful to you? Yes / No

leysarob	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. Was this answer helpful to you? Yes / No

theflirtingshack	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. Was this answer helpful to you? Yes / No

Doctor Deth	you need a lawyer working with your doctor to determine long term situation Was this answer helpful to you? Yes / No

Princess Leia	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! Was this answer helpful to you? Yes / No