[allamericanjeep]

I suffered an Inguinal Hernia on the 15th of last month at work. (21yr/male/warehouse work). My company sent me to doctors quickly and i received surgery on the 18th of last month. Everything went well except for missing 2-3 weeks of work. I couldnt walk for a bit, have a huge scar across my lower abdomin, had massive dicoloration, and still have pain.

if you're not familiar- i ripped a hole in my inner abdominal muscle wall, intestines fell out of the hole into my scrotum, they cut me open (through a seperate layer of muscle), pushed the intestines back in, put a mesh patch in the cut muscle, sowed me up, and then my genitals were swollen and black for 2 weeks

one of my friends said i could sue my employer for pain and suffering and not training on how to move heavy objects. (i was moving ~800lb pallet when it happened)

another said that since i already had sugery it was out of the question.

Can I? what are my chances of winning? How much? (average?) and would it be worth it?

thank you all very much.

[aaron]

Under Georgia workers' compensation law, workers' compensation is ordinarily the exclusive remedy available to the worker:

The rights and the remedies granted to an employee by this chapter shall exclude all other rights and remedies of such employee, his personal representative, parents, dependents, or next of kin, at common law or otherwise, on account of such injury, loss of service, or death; provided, however, that no employee shall be deprived of any right to bring an action against any third-party tort-feasor, other than an employee of the same employer or any person who, pursuant to a contract or agreement with an employer, provides workers´ compensation benefits to an injured employee, notwithstanding the fact that no common-law master-servant relationship or contract of employment exists between the injured employee and the person providing the benefits, and other than a construction design professional who is retained to perform professional services on or in conjunction with a construction project on which the employee was working when injured, or any employee of a construction design professional who is assisting in the performance of professional services on the construction site on which the employee was working when injured, unless the construction design professional specifically assumes by written contract the safety practices for the project. The immunity provided by this subsection to a construction design professional shall not apply to the negligent preparation of design plans and specifications, nor shall it apply to the tortious activities of the construction design professional or the employees of the construction design professional while on the construction site where the employee was injured and where those activities are the proximate cause of the injury to the employee or to any professional surveys specifically set forth in the contract or any intentional misconduct committed by the construction design professional or his employees.

[allamericanjeep]

ok, what do you think my chances are of coming away wtih something worthwile? i dont want to settle for $2000 and have to pay an attorney $1500.

is it a solid case? they never trained anyone. the only training anyone has gotten is after i got injured, and it still didnt say anything about lifting or moving items.


(this is one of fortune's "top 100 companies to work for." the leader of it's industry. the warehouse i work in sells ~4.5 million a month)

[aaron]

If workers' compensation is your exclusive remedy, you cannot sue them for damages in tort. If you need to have your rights and remedies clarified, I suggest you consult with a local workers' compensation lawyer.

[allamericanjeep]

thank you for your help. . . . will do