I was at work and had been nodding off several times due to lack of sleep. The HR representative came to my desk and told me that I should leave if I couldn't stay awake. Well, I decided to leave. I was driving down the road that goes directly to my place of employment, and I guess not even a quarter of a mile down, I fell asleep. What woke me up was my head-on collision with a cement bridge/overpass cement railing. I totaled my car, broke my right foot in many places (and will be getting surgery on it, to include a metal plate placed inside). No sooner than I crawled out of the car than the two women from HR (including the one who told me I should go home) were outside the car, swarming me, wanting to help me get my things out of the car so the wrecker could take it, etc. They acted so concerned about me. I thought it odd that they had magically appeared as they did. Anyway, my entire body was traumatized, bruised, sore, and still hurts almost two weeks later. Do I have a lawsuit, or no? (Job located in Georgia, where accident happened, and I live in South Carolina). Thank you for any answers.
No, it was your bad decision to drive with this lack of sleep, and I hope the other person is OK, or you may be facing serious criminal charges.
You may very well have an action in workers' comp. Call a WC atty
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I am not sure who you want to sue. You might be entitled to worker's compensation benefits.
I would recommend re-posting your question location in Georgia, and tag it as a Workers Compensation question. I am not a Georgia attorney, but I would agree with other attorneys that your most likely case, if any, would be pursued as a workers comp case- in Georgia where your employer is located and accident occurred.
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First, I wish you a full and speedy recovery. That said, I'd seek the advice of an experienced WC attorney and start from there. It looks like you'd need to speak to a Ga. attorney.
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