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Adel, GA |

This incident accord exactly 2 months ago. I slipped on wet floor leaving out of work about to clock out for the night, no wet signs were placed. My back was previously injured my recent job and just released from "workmans comp".. I did not report the fall, but had a witness, an employee that asked if I needed help up. This fall also hurt my left knee which I have had 2 scopes and 1 repair surgery. I have been pushing through the pain as much as I can using prescription and BC Powders. My stomach can no longer take this beating, nor my wallet. Am I still in a position for a lawsuit ?

Attorney Answers 8

  1. You have 30 days to notify your employer of a job injury. The employee generally gets the benefit of the doubt, but some kind of notification had to be given to them either by telling your employer, supervisor, the owner, someone had to have had notice of your job injury some way some how within 30 days of the injury. Feel free to give me a call to discuss. 800-900-2400, I've been helping injured workers in Georgia for over 20 years.

    Russell Keener

  2. I assume you told your employer within thirty days of the incident. Next step would be to retain a workers compensation lawyer in your state for representation. Good luck to you.

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

    Lassen Law Firm
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  3. Sounds like your accident was at your workplace since you mentioned getting ready to clock out which means you cannot file a lawsuit but can only bring a workers comp claim. Why didnt you report it? Even though 2 months have passed you will probably be OK if you have been telling your employer about your treatment and need to be out of work for the injury. You need to report this right away and if they dont do anything hire a lawyer.

  4. Report the fall to your employer. The employer may send you for treatment. Speak with an attorney regarding the situation and they can advise you how the process works. You may not need one. You may have more serious injuries than you are aware of. Always speak with an attorney.

    This information does not create an attorney-client relationship.

  5. You have a workers' comp claim but you need to get on the ball and take action to preserve it. Call a lawyer who handles comp claims in GA, such as the gentleman who posted an answer, and get things rolling. If you don't you will not get the benefits to which you are entitled.

  6. Unless the employee who say you was a supervisor of some kind, you may be out of luck because you did not report this within 30 days. I can guarantee the employer and their insurer will make this argument, along with arguing that any effects you are suffering are due to the previous injuries. You need to go and speak with a Worker's Comp lawyer in your area asap. You cannot file a lawsuit against an employer in Georgia for this type of injury unless you were working in an agricultural industry. Worker's comp would be the only recourse. The upside to that is that you can recover for on the job injuries from worker's comp even if you are at fault.

    The above information is general in nature. In order to obtain more specific and legal advice upon which to base your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP 53 W. Candler St. Or 718 Oak St. Winder, Ga. 30680 Gainesville, Georgia (770) 307-4899 (770) 538-0555 serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation

  7. You are still in a position for filing a workers' compensation claim, but your chances of success will not get any better the longer you wait to report this incident to your employer. Unless the other witness was a supervisor, and unless there is some other information that would have led the employer to investigate your injury as a work injury, you will most likely need to hire an experienced Georgia workers' compensation lawyer to guide you through the process and to get your claim back on track before you continue to lose important rights. While a workers' compensation claim is different from a lawsuit, you may also be able to file a lawsuit if the wet floor was caused by a third party (not related to your employer) and if other specific factors are met, but you absolutely must focus on pursuing a workers' compensation claim as quickly as possible. I wish you the best with your claim and with your recovery from your injuries, and I would be glad to discuss your potential claim with you in more detail offline, as would the other experienced Georgia workers' compensation attorneys who have provided answers as well,

  8. It depends on who you work for and who was responsible for property management / the wet floors. In Georgia, if your employer was responsible for the property management you are likely barred by Worker's Compensation statute. However, if you worked at an office building for a architect and slipped in the lobby - the office building owner and property manager can be sued.

    It is also very challenging if you didn't report the fall right away. It can sometimes be overcome but it raises suspicions.

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