I dropped off in a three to four foot hole at work and injured my back, hip, and shoulder do I have a suit?

Asked about 2 years ago - Bainbridge, GA

I was terminated within a few hours of the accident after passing the alcohol and drug test. Can I recieve workers comp still?

Attorney answers (7)

  1. Henry David Bullard

    Pro

    Contributor Level 11

    9

    Lawyers agree

    Answered . On the facts you've given, almost certainly. Did you report the accident and injury? If so, please call us for a free consultation.

  2. Russell Greer Keener

    Pro

    Contributor Level 9

    8

    Lawyers agree

    Answered . Because you passed the drug and alcohol test, I see no reason to fire you. Your employer runs the risk of an ADA action. I am sick and tired of employers firing injured workers who have been faithful and their only sin is an injury.

    Of course you are entitled to workers comp. And, you are doing yourself a huge favor looking for the experienced trusted advisor to help you out. Good luck my friend. I'm sure many experienced workers compensation lawyers would be happy to help point you in the right direction.

    Russell Keener

  3. Timothy Minthorn Klob

    Pro

    Contributor Level 12

    3

    Lawyers agree

    Answered . Yes, so long as your employer has at least three or more total employees and would thereby be required to carry workers' compensation insurance in Georgia, and provided you are an employee and not an independent contractor, then you should be able to pursue a claim under the Georgia Workers' Compensation Act. The fact that you passed an employer-mandated drug test, and that they fired you while you were injured and while they had knowledge of your work injury, will not prevent you from pursuing a workers' compensation claim. Please email or call me and I would be glad to discuss your potential claim with you further at no charge.

  4. Robert M. Gardner Jr.

    Contributor Level 18

    1

    Lawyer agrees

    Answered . Yes you have a case under Worker's Comp, so long as you were not working an agricultural job, and possibly the ADA. Go see a worker's comp attorney in your area today. Whether your employer is self insured or has a comp insurance carrier, any delay only benefits them.

    The above information is general in nature. In order to obtain more specific and legal advice upon which to base... more
  5. George Ellis Corson IV

    Contributor Level 20

    2

    Lawyers agree

    Answered . Workers' Compensation is generally No Fault Insurance, so you can probably get benefits if did not deliberately do a 1 1/2 Gainer into the hole on your lunch break. You might have the Attorney look into the Termination, also. It might be righteous for violating safety regulations or a suicide attempt, but the timing seems a little suspect.

    Attorneys are very competitive. Choose the Best Answer so we know who helped you the most.
  6. Christian K. Lassen II

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Yes. I'm sorry, but my firm only handles workers compensation claims in Pennsyvlania.

    The answer does not create an attorney-client relationship and is for informational purposes only.

    Lassen Law Firm
    1515 Market St #1510
    Philadelphia, PA 19102
    215-510-6755
    http://www.InjuryLawyerPhiladelphia.com

    Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  7. Thomas L. Holder

    Contributor Level 11

    Answered . You definitely can receive workers' compensation benefits. You were covered at the time of the accident. The fact that you were fired afterwards is of no concern. You were on the job at the time of the injury. I would recommend that you contact a lawyer as I would expect your company to fight you on the workers' compensation claim. Good luck.

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