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Georgia Workers Comp

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  • Georgia Workers Comp

    I was fired from job in September of this year due to a Workers Comp injury that was sustained in March of this year. They said they were an 'at-will' employer and, besides, I had used up my FMLA hours. I have 3 herniated disks in my back. Workers Comp paid for the first month of doctors, prescriptions, etc. in March, but stopped in April as the pain switched sides and they said it might be kidney stones. They directed me to my family doctor. After 3 months of testing (MRI's, catscans, body bone scans, colonoscopy, etc.), it was finally determined that I had these 3 bad disks. My doctor said it was from the fall I took in March. Workers Comp sent me to their doctor in July. He also said it was from the fall. Short term disability ran out June 18. I am now (as of 10/1) receiving unemployment because Workers Comp to this date has still not agreed to Workers Comp! I have hired an attorney to rush things along, but, as of today, nothing has been accomplished and no money has been received. My credit scores are now below 400, I have had one vehicle repossessed, and owe everyone, including the doctors and hospitals. I'm due to be evicted from the house I'm leasing. Other than that, things are fine. I asked my attorney if we can sue Workers Comp for any of this and he said that in the state of Georgia, one cannot sue Workers Comp for pain and suffering. I'm not denying that I have had more than my share of pain and suffering, but how about the vehicle repossessed? The credit scores tumbling? Anyone know anything about this. Can Workers Comp, or the insurance company that is handling the claim, be sued for ruining my life? Did I mention that my wife has left me? How about suing the company or person at the Workers Comp insurance company? Someone needs to ante up here, besides me.

  • #2
    Workers Compensation - Georgia

    Your attorney is right about not being able to sue the state or your employer. However, according to the state's workers compensation board, you only possibility of suing anyone is that if your injury was caused by a third party. If that is the case, you can try to sue that third party. (Of course, if the third party was the federal government, as might be the case if you were working on a federal base, such as at Kings Bay, you would not be able to sue the third party as you can't sue the government for such things.)

    The only other possibility is that if your former employer treated you different than others in similar situations and you are a person protected by discrimination laws. For example, let's say that you are a minority. Let's also assume that your employer granted non-minorities an extension of the leave beyond FMLA while you were not granted the same extension. That is discrimination.

    I'm attaching a link to the state workers' compensation board's employee handbook. Let me know if you have any other questions.
    Lillian Connell

    Forum Moderator


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