My story of basic human rights violations and the laws of the state
of Georgia that protects them.
-by Dale Gains
This story (unfortunately its true) is what happened to me. I
still don't understand how this could happen in the U.S.A. in the 21st
century. Please let me preface this letter with a thought. EVERYTHING
in this statement is TRUE, it is a recount of what happened to me
while employed by Briggs and Stratton's engine plant located in
Statesboro, Georgia. I have been "reminded" of slander laws, jail-time
and the like, but in my mind these violations need to be made public.
If I end up in prison for telling the truth, I will just think of all
the good men that died for the truth. Also please keep in mind that I
am not anti-American; in fact a am a veteran of the Persian gulf war
and would gladly still die for this country and its ideals of liberty
and justice. Though this gives me pause about Tiananmen square and
China, I do not think we are there, and I only want us to travel
farther away from that mind set.
In Nov. 2003 while employed by Briggs and Stratton in Statesboro GA,
during the maintenance on my equipment, I cracked a rib. The company
sent me to their Dr. who put me on narcotics and called the plant
nurse to ensure that I would only be allowed an clerical job in the
office while I healed. Even though the plant nurse at first agreed
that I needed an office job, but after the narcotics took effect, I
was ordered into a hazardous environment. I believe this was in
violations of a long list of laws. My supervisor testified that he
approached the nurse a couple times requesting I be removed from the
floor for everyone's safety (those pills through me for a loop!), but
he was told to "mind his own business and leave the medical to her".
Well the plant safety officer was sympathetic but he did nothing
either. Well I must have really been screwed up on those pills (my
supervisor said I was "three sheets to the wind") because a drum of
oil fell on my leg. True these drums are heavy(~600 lbs.) but I did
this almost every day! My ankle was broke in a couple places and me
knee was screwed up, but my ankle healed and surgery was finally done
on my knee, though my knee isn't right but with cortisone injections,
I get around ok
It has been about 3 yrs. since my accident. I Thank my God the
Veteran's Administration did not turn there back on me. They are
giving me my injections and I am trying to get back to work, anyone
need a good production set-up man with a bum knee? Anyway, according
to the Worker's Compensation Act in the state of Georgia I DO NOT even
have the right to a JURY TRIAL. IS THIS WHAT "LIBERTY AND JUSTICE FOR
ALL" means??? I don't know who to ask, Please, can we just have a jury
PLEASE give me my day in court.
On Apr 21, 2:10 pm, email@example.com wrote:
Typically there would have to be criminal negligece for there to be a
jury trial. This has to be proved beyond reasonable doubt which is a
high standard. It even sounds as if some share of the negligence may
You may or may not have a civil claim against the company, the
managers, or the doctors. An attorney is who you need to talk to not
this newsgroup. If your claim has merit then it is certain you can
find a lawyer to represents you.
You should have put OT as the first 2 characters of the subject, so
that automatic filters would have filtered your post out, for readers
who want that to happen. Since you didn't, my first impression of you
is that you are an intentional off-topic poster, so your credibility
drops. Maybe you didn't know that you should use "OT", but some
people may not know that they shouldn't have their pants down showing
their underpants at a job interview. Such a person would still make a
bad first impression.
Your extra strong assertions that your story is true also, ironically,
lowers its credibility, especially when it is ppretty easy to believe
that the story is true. Did you used to think everything worked
You may still have a claim but read further.
This has nothing to do with liberty, and people can come to an
agreement on what justice is in a particular situation. I would
expect the concept of Workers Compensation Laws has had its
constitutionality challenged already in court, and it has been upheld.
I used to, for less than a year, work for the federal Workers
Compensation office, and I think all 50 states have similar laws.
Certainly in most normal workplace injuries, the procedure works
pretty well, and iirc (could be wrong) it was considered a positive
accomplishment for workers when such laws were passed.
Your situation could certainly be an exception and if so, an appeal is
the answer, possibly followed by a lawsuit. Although one can appeal
without a lawyer probably, you should at least consult one first, and
it may be a good idea to hire one. You should contact an attorney who
specializes in such things. Some of them are not hard to find since
some of them advertise on TV. And I believe they don't charge in
advance, only if they win, but if a claim is weak, they may either
refuse to take the claim or want to be paid by the hour win or loose.
I wouldn't want a tv lawyer, but it's a place to start.
Be sure to be clear to the lawyer which accident happened 3 years ago
and when the second accident happened. Since you were getting
ongoing treatment, no matter how inadqueate it might have been,
figuring out the statute of limitiations is much much harder.
BTW, if you want us to buy foreign made stuff, you should look into
the workplace medical care in the countries where B&S competitors are.
Might be much worse.
Your talking about a criminal prosecution. There are jury trials in
civil lawsuits too, for which the burden of proof is much lower, just
a preponderance of the evidence.
So what? What is the law in Geogia on contributory negligence versus
comparitive negligence? He informed them that he was groggy and they
ignored that. What duty did he have beyond informing them?
I agree with you here. Only argued with you because....too long to
ROTFLOL. Especially when none of use have lived in Georgia and we
all disagree with each other. LOLHMS, holding my sides.
On Apr 21, 2:10 pm, firstname.lastname@example.org wrote:
If you received what you considered inadequate compensation under
workmans' compensation, you should have contacted an attorney who
specializes in such cases at the time. Given the time that has
passed, it may be too late to get much redress, but your first step
should be to contact such an attorney immediately.
I believe you can always sue for negligence/malfeasance requesting
damages outside of workmans' compensation, but whether you have
sufficient grounds to make a potentially winnable case or not is
something you and your attorney will have to determine.
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