Q: I fell and injured myself at work due to the neg. of my employer; she did not have w.c. ins, can I sue her?
A: you need to consult a georgia workers comp lawyer. i am licensed in indiana and illinois. typically, the employer not having workers comp insurance does not subject them to a negligence suit but a workers comp claim for which there is a penalizer. for ex, in indiana, the employer would be liable for double benefits if there was not insurance.
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A: You certainly have the right to sue her for all the benefits provided for under the Georgia Workers' compensation laws due to her failure to maintain workers' compensation insurance. Further, if she had less than 3 employees, you have the right to sue her for negligence and to recover pain and suffering. In addition, if she had obligations in her individual capactiy, you may have a right to sue her as well. Finally, I would encourage you to examine if other persons or companies may also be responsible for your injuries. For instance, the landlord of the building, a cleaning service, building management company or other entity responsible for the premises.
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