Georgia employees often are limited to pursuing compensation from an employee through the Georgia workers’ compensation act. However, in some cases, there are exceptions. In a recent workers’ compensation case, a plaintiff contended that his employer was liable for his injuries because he made an unsafe repair to equipment he used, causing his injuries.
In that case, the plaintiff claimed that he was injured while he was at work. He was operating an excavator while trying to pull a catch basin out of the ground. The excavator was “running at full throttle,” slipped off the catch basin, and hit the plaintiff.
The plaintiff brought a claim against his employer, alleging that he was injured due to the defendants’ reckless conduct. The plaintiff claimed that the defendant was reckless in not having the excavator properly repaired, even though the employer knew that people operating the excavator would likely sustain serious bodily injuries. He claimed that the defendants made a temporary repair to the excavator that made it run at full throttle, making a jerking action.